983 F.3d 365
8th Cir.2020Background
- K.C., an 8th-grade student in 2012–2013, had a close out-of-school relationship with her teacher/coach Johnna Feazell.
- In June 2013 K.C.’s mother found two letters from Feazell expressing love and showed them and (now-missing) texts to Principal Curley; the mother and Curley viewed these as inappropriate but not evidencing sexual contact.
- Curley met with Feazell on June 17, 2013, imposed a no-contact instruction, and Summers later reminded Feazell of the prohibition; the District issued a Notice of Deficiency on October 9, 2013, after a September attempted pickup incident.
- About a year later (Oct. 13, 2014) K.C.’s mother produced a phone with text messages showing sexual activity between Feazell and K.C.; Curley notified police, Feazell was placed on leave, resigned, and later pled guilty to multiple felonies.
- K.C. sued the District and three officials under Title IX and 42 U.S.C. § 1983; the district court granted summary judgment for defendants, and the Eighth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether school officials had "actual notice" of sexual abuse before Oct. 13, 2014 | Prior letters, texts, and conduct put the District on notice of sexual misconduct | Letters/texts were inappropriate but did not indicate sexual or physical relationship; District imposed no-contact and warnings | No actual notice before Oct. 13, 2014; summary judgment for defendants |
| Whether the District/officials were deliberately indifferent | District failed to stop ongoing misconduct despite warnings and incidents | District issued no-contact orders, met with Feazell, issued statutory Notice of Deficiency, and acted immediately once sexual texts were discovered | No deliberate indifference shown; response was adequate pre-October 2014 |
| Whether the district court improperly weighed facts at summary judgment | Factual disputes (missing letter, timing) precluded summary judgment | Summary judgment appropriate where no genuine dispute of material fact supported by admissible evidence | Court did not improperly weigh evidence; summary judgment affirmed |
Key Cases Cited
- Franklin v. Gwinnett Cnty. Pub. Schs., 503 U.S. 60 (1992) (teacher sexual harassment can give rise to Title IX liability)
- Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998) (Title IX damages require actual notice to an official with authority and an inadequate response)
- Doe v. Flaherty, 623 F.3d 577 (8th Cir. 2010) (supervisory liability under § 1983 requires deliberate indifference and actual notice)
- Cox v. Sugg, 484 F.3d 1062 (8th Cir. 2007) (actual notice standard applies in school-based sexual misconduct cases)
- Plamp v. Mitchell Sch. Dist. No. 17-2, 565 F.3d 450 (8th Cir. 2009) (vague complaints insufficient to show actual notice)
- P.H. v. Sch. Dist. of Kansas City, Missouri, 265 F.3d 653 (8th Cir. 2001) (favoritism/excessive time together does not establish actual notice)
- Scott v. Harris, 550 U.S. 372 (2007) (summary judgment requires no genuine dispute of material fact)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (standard for determining genuineness of factual disputes on summary judgment)