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· 5/30/2007

Porto v. Town of Tewksbury

Citations

  • 488 F.3d 67
  • 2007 U.S. App. LEXIS 12444
  • 2007 WL 1545822

How courts have described this case

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

  • holding that plaintiff did not prove deliberate indifference when defendant teacher allowed a disabled student to go to the bathroom unsupervised because he did not know there was a high degree of risk that sexual harassment would occur
  • stating that a school may be found deliberately indifferent “where it had notice of the sexual harassment” and “failed to take additional reasonable measures after it learned that its initial remedies were ineffective”
  • examining the Supreme Court’s holding in Davis ex rel. LaShonda D. v. Monroe County Board of Education, 526 U.S. 629 (1999)
  • requiring that deliberate indifference not be evaluated by hindsight
  • examining the Supreme Court's holding in Davis ex rel. LaShonda D. v. Monroe County Board of Education , 526 U.S. 629 , 119 S.Ct. 1661 , 143 L.Ed.2d 839 (1999)
  • “[A] claim that the school system could or should have done more is insufficient to establish deliberate indifference.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Lynch, Lisi

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.