State v. Kitzilkaya
Citations
- 2023 Ohio 3989
Syllabus
DOMESTIC VIOLENCE – VIOLATION OF A PROTECTION ORDER – EVIDENCE– MANIFEST WEIGHT: Defendant's conviction for domestic violence under R.C. 2919.25(A) was not against the manifest weight of the evidence where the complaining witness testified that she was hit multiple times by defendant and the police officer that arrived at the scene observed her injuries. Defendant's conviction for violation of a protection order under R.C. 2919.27 was not against the manifest weight of the evidence where the complaining witness testified that she clearly saw defendant and was threatened, and defendant made a call to police putting himself at the location of the incident.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that school district could be deliberately indifferent where principal responded to rape allegations by alleging consensual sex, leaving the accused male student in school, and suspending the female complainant
- recognizing equal protection claim where state actor “consciously acquiesce[es] in sexually harassing conduct by a non-state actor over whom the state actor has authority”
- finding that the plaintiff stated a claim where she alleged she suffered repeated instances of battery and assault that resulted in her being hospitalized and homebound
- finding student stated Equal Protection claim against individual defendants who “acquiesced in [harassment] by refusing to reasonably respond to it”
- identifying acts that are clearly established as unconstitutional for state actors as clearly established as unconstitutional for deliberate indifference by a state actor
- stating a school district is liable only “where it has made a conscious decision to permit sex discrimination in its programs . . .” and that refusal to investigate claims of sexual harassment amounts to deliberate indifference
Source: CourtListener parenthetical corpus (CC0).
Judges: Kinsley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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