884 F. Supp. 2d 485
W.D. Tex.2012Background
- Sarah Doe’s parents sue NISD, Vice Principal Aslin, and Nora Martinez under §1983, Title IX, and state tort law after Martinez admitted to an improper relationship with Sarah in Jan 2011 and resigned; authorities were notified.
- Plaintiffs allege long-running misconduct and prior warnings since 2006, including computer use with students, boundary concerns, and 2010 supervisory counselings.
- Plaintiffs contend district officials were deliberately indifferent and failed to warn or protect Sarah; multiple notices and surveillance footage and emails are part of the record.
- Martinez pled guilty to related crimes; Martinez herself is not formally answered in this action, with state tort claims remaining pending and no default judgment sought.
- Court grants summary judgment to NISD and Aslin on §1983 claims, dismisses Title IX claims, excludes expert testimony, and denies sanctions; all claims against NISD and Aslin are dismissed; Martinez’s claims remain pending.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| §1983 municipal liability viability for NISD | Doe argues NISD policy or custom caused the violation | NISD had no moving force; no actual notice | Granted summary judgment for NISD |
| Section 1983 official-capacity claim against Aslin | Aslin official-capacity claim not redundant | Redundant if against District | Dismissed as redundant |
| Title IX against NISD | NISD deliberately indifferent to harassment | No actual notice or deliberate indifference by supervisor | Granted Title IX summary judgment against NISD |
| §1983 claims against Aslin (supervisor liability) | Aslin knew or was on notice but failed to stop abuse | No notice or deliberate indifference | Granted summary judgment in favor of Aslin (no supervisory liability) |
Key Cases Cited
- Doe ex rel. Doe v. Dallas Independent School Dist., 220 F.3d 380 (5th Cir. 2000) (deliberate indifference standard applied to Title IX via official notice)
- Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (U.S. 1998) (damages under Title IX require actual notice and deliberate indifference by officials)
- King v. Conroe Independent School Dist., 289 F. App’x 1 (5th Cir. 2007) (supervisor liability for school official when notice and indifference shown)
- Doe on Behalf of Doe v. Dallas Independent School Dist., 153 F.3d 211 (5th Cir. 1998) (policy-driven liability standard for municipal liability under §1983)
- Stern v. Hinds County, Miss., 436 Fed.Appx. 381 (5th Cir. 2011) (punitive damages not available against the municipality under §1983)
- Doe v. Dallas Independent School Dist., ? (5th Cir. 2000) (deliberate indifference standard applied to Title IX claims)