346 F. Supp. 3d 689
M.D. Penn.2018Background
- Plaintiff Bobbie Jo Swanger, a mentally‑challenged student in Warrior Run School District's special education program, was sexually touched by fellow student Duane Mattison in March 2011; Mattison pleaded guilty/nolo contendere to related criminal charges.
- Mattison had prior incidents (a complaint by another student, a non‑person incident involving an animal, and treatment records from DTA documenting sexual fantasies); DTA psychiatric records were later disclosed after Mattison waived privilege.
- School administrators (Principal Cross and Assistant Principal Bertanzetti) and teachers (Del Gotto, Osenga) investigated prior complaints and took measures (separation, reprimands); DTA staff testified they did not share treatment records with school personnel.
- Plaintiffs sued the district and individual school officials (Title IX, Section 504, § 1983 substantive due process/state‑created danger, breach of fiduciary duty) and mental‑health providers; School Defendants moved for renewed summary judgment after disclosure of DTA records.
- The court concluded the newly disclosed DTA records were not shared with school staff and did not create material facts altering its prior analysis; it granted summary judgment for the School Defendants on all claims brought against them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Title IX: deliberate indifference to peer sexual harassment | District and officials knew of Mattison's sexual propensities and failed to protect Bobbie Jo | School acted reasonably: investigated reports, separated students, reprimanded, removed Mattison when aware; DTA treatment records were not shared | Grant summary judgment for School Defendants — plaintiffs failed to show an appropriate official had actual knowledge and was deliberately indifferent |
| Section 504: discrimination "solely by reason of" disability | Bobbie Jo was targeted because her mental disability made her vulnerable | No causal link between disability and the school's conduct or placement decisions; no evidence of differential treatment | Grant summary judgment — plaintiffs failed to show disability‑based discrimination |
| § 1983 substantive due process (state‑created danger) | School actors affirmatively (e.g., seating/monitoring) created or increased risk to Bobbie Jo | School officials either lacked knowledge or acted reasonably; at most failures to monitor (inaction), not affirmative misuse of authority | Grant summary judgment — plaintiffs cannot show affirmative state action or conscience‑shocking deliberate indifference |
| Breach of fiduciary duty / PSTCA immunity | School employees breached fiduciary duty by failing to keep Bobbie Jo safe | Individual defendants are immune under PSTCA absent willful misconduct or actual malice; no evidence of such culpability | Grant summary judgment — PSTCA bars claim and no evidence of willful misconduct |
Key Cases Cited
- Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (private Title IX damages remedy requires actual notice to an appropriate official and deliberate indifference)
- Davis v. Monroe Cnty. Bd. of Educ., 526 U.S. 629 (Title IX covers deliberate indifference to known peer sexual harassment that deprives access to educational benefits)
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard; materiality and genuine dispute)
- Celotex Corp. v. Catrett, 477 U.S. 317 (movant's burden on summary judgment)
- D.R. by L.R. v. Middle Bucks Area Vocational Tech. Sch., 972 F.2d 1364 (no § 1983 liability absent affirmative state action creating danger)
- Kneipp v. Tedder, 95 F.3d 1199 (affirmative state action can increase vulnerability and support state‑created danger claim)
- Phillips v. Cty. of Allegheny, 515 F.3d 224 (foreseeability/awareness standard for state‑created danger; conscience‑shocking analysis)
- Sanford v. Stiles, 456 F.3d 298 (sliding scale for conscience‑shocking depending on deliberation time)
- Bright v. Westmoreland Cty., 443 F.3d 276 (PSTCA willful‑misconduct standard and public‑employee immunity)
- Warren ex rel. Good v. Reading Sch. Dist., 278 F.3d 163 (principal ordinarily an "appropriate person" for Title IX notice)