Gerard T. Noce, Justin L. Assouad and David J. Deterding won summary judgment for the Wentzville R-IV School District in a lawsuit filed in federal court (United States District Court for the Eastern District of Missouri).
Plaintiff Mary Doe Nine alleged that she was sexually abused by a former music teacher in 1993. Plaintiff originally named the principal and former teacher of the elementary school where the alleged abuse occurred. After successfully securing a dismissal of the former teacher and principal on the basis of official immunity, HeplerBroom moved for summary judgment on the remaining claims against the School District. In granting summary judgment in favor of the School District on the remaining negligent failure to supervise claims, the Court found there was no evidence that anyone in the District had reason to know that the former music teacher allegedly posed a danger to Plaintiff.