OSTRANDER v. DUGGAN

Nos. 02-2288, 02-2960.

341 F.3d 745 (2003)

Emilie OSTRANDER, Plaintiff-Appellant, v. Brad E. DUGGAN, Defendant, Delta Tau Delta, Association of Columbia, Mo; Delta Tau Delta International, Defendants-Appellees, University of Missouri Curators, Dr. Hugh E. Stephenson; Paul W. Steele; Mary L. James; Dr. Malaika B. Horne; Paul T. Combs; Theodore C. Beckett; M. Sean McGinnis; John A. Mathes; Connie Hager Silverstein; Kathleen Miller, Secretary of the Board of Curators; and Marvin E. Wright, General; Pamela N. Sampson, Coordinator of Greek Life of the University of Missouri Columbia, in her individual capacity and in her official capacity; Cathy Scroggs, Director of Department of Student Life, University of Missouri Columbia, in her individual capacity and in her official capacity; Charles Schroeder, Vice Chancellor of Student Affairs, in his individual capacity and in his official capacity, Defendants. Emilie Ostrander, Plaintiff-Appellant, v. Brad E. Duggan; Delta Tau Delta, Association of Columbia, of MO; Delta Tau Delta International, Defendants, University of Missouri Curators, Dr. Hugh E. Stephenson; Paul W. Steele; Mary L. James; Dr. Malaika B. Horne; Paul T. Combs; Theodore C. Beckett; M. Sean McGinnis; John A. Mathes; Connie Hager Silverstein; Kathleen Miller, Secretary of the Board of Curators; and Marvin E. Wright, General, Defendant-Appellee, Pamela N. Sampson, Coordinator of Greek Life of the University of Missouri Columbia, in her individual capacity and in her official capacity, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: September 3, 2003.

Rehearing Denied: October 6, 2003.


Attorney(s) appearing for the Case

Christopher M. Schappe, argued, Jefferson City, MO, for appellant.

Douglas R. Richmond, argued, Kansas City, MO (David A. Jermann, on the brief), for Appellee Delta Tau Delta.

Kelly K. Mescher, argued, Columbia, MO (Marvin E. Wright and Phillip J. Hoskins, on the brief), for Appellee Curators of Univ. of Mo.

Before BOWMAN, MORRIS SHEPPARD ARNOLD, and RILEY, Circuit Judges.


RILEY, Circuit Judge.

While attending the University of Missouri in Columbia, Emilie Ostrander (Ostrander) was sexually assaulted by a Delta Tau Delta fraternity member, Brad Duggan (Duggan), inside a house leased to eleven Delta Tau Delta fraternity members, and located across the street from the Delta Tau Delta chapter house. Ostrander brought suit against Duggan, Delta Tau Delta and Delta Tau Delta International (collectively DTD), the Curators of the University...

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