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· 5/12/2009

Plamp v. Mitchell School District No. 17-2

Citations

  • 565 F.3d 450
  • 2009 U.S. App. LEXIS 10066
  • 2009 WL 1288612

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that similarly situated school functionaries lacked proper authority vis-avis teacher
  • finding that while principal was an appropriate person, for purposes of Title IX, teacher and guidance counselor did not have sufficient remedial authority to be considered \appropriate persons\
  • holding teachers were not “appropriate persons” when there was no evidence they “had control over” the harassing student or “were vested with special remedial authority regarding sexual-harassment claims generally”
  • finding that “[s]uch a holding would run contrary to the purposes of [Title IX].”
  • requiring deliberate indifference to or tacit authorization of unconstitutional misconduct for § 1983 failure-to-act claims and deliberate indifference to the rights of students for § 1983 failure-to-train claims
  • finding adequate response when teacher was immediately suspended and not allowed on school property without a police escort

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy, Melloy, and Shepherd, Circuit Judges

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.