Pearson v. Logan University, No. 18-2764 (8th Cir. 2019)
Annotate this CasePlaintiffs filed suit against the University under Title IX of the Education Amendments of 1972 and various state laws, alleging that the University failed to protect them against stalking and sexual harassment by a fellow student. The Eighth Circuit affirmed the district court's grant of summary judgment to the University, holding that, because Plaintiff Kirkpatrick could not satisfy the actual knowledge element, her Title IX claim failed as a matter of law and the district court properly granted summary judgment in favor of the University on that claim; the district court properly granted summary judgment to the University on Pearson's Title IX claim because there was no genuine dispute of material fact as to whether the University was deliberately indifferent to any stalking or harassment that she experienced; and the district court properly dismissed plaintiffs' state law premises liability and general negligence claims, because plaintiffs could not establish that the school owed them a duty of care under Missouri law.
Court Description: Per Curiam - Before Smith, Chief Judge, and Kelly and Kobes, Circuit Judges] Civil case - Title IX. The district court properly granted the school summary judgment on plaintiff Kirkpatrick's Title IX claim because she could not satisfy the actual knowledge requirement of a Title IX claim; nor did the court err in granting summary judgment to the school on plaintiff's Pearson's claim as there was not triable issue of fact as to whether the school's response to and investigation of her complaint were clearly unreasonable; the district court properly dismissed plaintiffs' state law premises liability and general negligence claims as plaintiff could not establish the school owed them a duty of care under Missouri law. Judge Kelly, concurring in part and dissenting in part.
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