Doe v. Dardanelle School District, No. 18-2816 (8th Cir. 2019)Annotate this Case
The Eighth Circuit affirmed the district court's grant of summary judgment for the school district and partial denial of plaintiff's motion for leave to amend her complaint. Plaintiff filed suit alleging that the school district was deliberately indifferent to her allegations that another student sexually assaulted her.
The court could not say that the school district's response to the complaint effectively caused the first incident with plaintiff. Furthermore, the school district's response was not clearly unreasonable in light of the known circumstances and, even if the school district were deliberately indifferent, it was not deliberately indifferent to sexual harassment that was so severe, pervasive, and objectively offensive that it could be said to have deprived plaintiff of access to the educational opportunities or benefits provided by the school. Finally, the court held that the district court did not err by denying the motion to amend in order for plaintiff to add a negligence claim against the school district through a direct action against its insurance provider, because the claim was futile.