HEI v. HOLZER

No. 26968.

73 P.3d 94 (2003)

139 Idaho 81

Melissa HEI, a single person; and Michael Hei and Colleen Hei, husband and wife, Plaintiffs-Appellants, v. Mark HOLZER and Lisa Holzer, husband and wife; Joint School District No. 391, a political subdivision of the State of Idaho; Larry L. Curry, in his capacity as Superintendent of Joint School District No. 391; Larry Wier, in his capacity as Principal of Kellogg High School; and John Does 1-5, in their capacity as Board Members of Joint School District No. 391, Defendants-Respondents.

Supreme Court of Idaho, Cd'A, October 2002 Term.

Rehearing Denied July 29, 2003.


Attorney(s) appearing for the Case

Rude, Jackson & Daugharty, Coeur d'Alene, for appellants. Paul W. Daugharty argued.

Anderson, Julian & Hull, Boise, for respondents Joint School District No. 391, Curry, Wier & Does 1-5. Brian K. Julian argued.

Michael F. Peacock, Kellogg, for respondents Holzer.


TROUT, Chief Justice.

This is a case about the civil liability arising out of a sexual relationship between a high school student and her teacher. The student and her parents appeal the district court's Order granting summary judgment to the teacher and school district. Because there are genuine issues of material fact with regard to some of the student's claims, we reverse in part and remand to the district court.

I.

FACTUAL AND PROCEDURAL BACKGROUND...

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