DOE v. FLAHERTY

No. 09-2535.

623 F.3d 577 (2010)

John DOE, Individually and as Parents and Next Friends of Jane Doe, a minor; Martha Roe, Individually and as Parents and Next Friends of Jane Doe, a minor, Plaintiffs/Appellees, v. Lavon FLAHERTY, Individually, and in his Official Capacity as Superintendent in the Delight Public Schools; Kathaleen Cole, Individually, and in her Official Capacity as Principal in the Delight High School; Curtis Turner, Jr., Individually, Defendants, Tanya Wilcher, Individually, Defendant/Appellant, Jim Kirkham, In their Official Capacity as the Delight Public School Board; Gary Wofford, In their Official Capacity as the Delight Public School Board; Citronella Dixon, In their Official Capacity as the Delight Public School Board; Ricky Buck, In their Official Capacity as the Delight Public School Board; Renieta Leeper, In their Official Capacity as the Delight Public School Board; Robbie Lee, In their Official Capacity as the Delight Public School Board; Jeff Hill, In their Official Capacity as the Delight Public School Board, Defendants, Delight Public School District, Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 19, 2010.


Attorney(s) appearing for the Case

Sharon Carden Streett , argued, Little Rock, AR, Alex G. Streett and James A. Streett , on the brief, Russellville, AR, for appellant.

Ashley Rebecca Welch Hudson , argued, Morgan E. Welch , on the brief, North Little Rock, AR, for appellee.

Before BYE, ARNOLD, and COLLOTON, Circuit Judges.


COLLOTON, Circuit Judge.

John Doe and Martha Roe filed this action pursuant to 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. ("Title IX"), on behalf of their minor daughter, Jane Doe. For several months during the 2006-2007 school year, Jane Doe was involved in a sexual relationship with Chad Smith, her basketball coach at Delight High School. The plaintiffs claim that Tanya Wilcher, the former Principal...

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