Blue v. District of Columbia Public Schools, 850 F. Supp. 2d 16

Blue, 18, was a Transition Academy student at Shadd (DCPS) who began a sexual relationship with teacher Robert Weismiller from Nov 2008 to Apr 2009, resulting in a pregnancy and the birth of a daughter in late 2009.
DCPS conducted an investigation in May 2009; it found no definitive proof of wrongdoing by Weismiller and he was fired in Oct 2009 as part of a system-wide reduction in force.
Plaintiff alleges Weismiller had prior inappropriate sexual relationships with students in 1976 and 1984, and that Defendants knew or should have known of such conduct.
Plaintiff filed suit on Sept 7, 2010 against the District of Columbia, DCPS, and former Chancellor Michelle Rhee, plus Weismiller; Second Amended Complaint was filed May 11, 2011.
District Defendants moved to dismiss; the court grants the motion as to the District Defendants, leaving the case potentially proceeding against Weismiller only.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DCPS and Rhee can be sued.	Blue argues DCPS is a proper Monell defendant; Rhee can be sued in official capacity.	District argues DCPS is not sui juris and Rhee claims are duplicative of the municipality.	DCPS dismissed; Rhee’s official-capacity claims dismissed as redundant.
Whether §1983 claims against the District are viable.	Blue asserts district policy/custom caused violations of bodily integrity and equal protection.	District contends no substantial Monell claim or causation shown.	Plaintiff failed to plead a District policy/custom and causation; §1983 claims dismissed.
Whether Title IX §1681 claim can be sustained against the District.	District knew or should have known; deliberate indifference alleged.	There was no actual notice to an appropriate person or deliberate indifference.	Title IX claim fails for lack of actual notice to an appropriate person and deliberate indifference.
Whether state-law claims survive given §12-309 notice requirements.	DCPS investigation and reports provided notice; later communications allegedly put District on notice.	No proper written notice to the Mayor within six months; notices to other agencies do not suffice.	State claims dismissed for failure to comply with §12-309 notice.

Monell v. Dept. of Soc. Servs. of City of New York, 436 U.S. 658 (U.S. 1978) (municipal liability requires policy or custom, not respondeat superior)
Pembaur v. City of Cincinnati, 475 U.S. 469 (U.S. 1986) (final policymaker liability; deliberate choice required)
City of Canton v. Harris, 489 U.S. 378 (U.S. 1989) (moving-force causation for Monell liability)