(Reuters) - A federal appeals court threw out a civil rights lawsuit on Friday that accused a public school district of repeatedly allowing a stranger to take a 9-year-old Mississippi girl out of school, after which he sexually abused her.
The New Orleans-based U.S. Court of Appeals ruled in a 16-2 opinion that Mississippi's Covington County School District had no constitutional duty to protect the fourth grader from the man who checked her out of school six times, posing as a parent.
"Schools are simply not constitutionally required to ensure students' safety from private actors," the court said.
Unlike prisons, mental institutions and foster care systems that assume an active role in caring for their charges, schools don't have the same kind of "special relationship" with their students that could give rise to liability under federal law, the court ruled.
The student, who was not named, and her relatives sued the school district and several school officials in 2008. Even though the elementary school had a check-out policy allowing only designated adults to pick children up, Tommy Keyes signed the girl out of school and then "brutally and viciously raped" her before returning her to class, the complaint said.
MUCH more at the link!!
03-24-2012 12:17 PM #1
Court rejects suit against school over Mississippi sexual assaultAnything written below the web links are MY OPINION-NOT FACT!
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