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PLAMP v. MITCHELL SCHOOL DIST. NO. 17-2

No. 08-2700.

565 F.3d 450 (2009)

Brittany Ann PLAMP, Appellant, v. MITCHELL SCHOOL DISTRICT NO. 17-2, Appellee, Andrew Tate, Third Party Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 12, 2009.

Attorney(s) appearing for the Case

Richard D. Casey, argued, Sioux Falls, SD (Ryland Deinert and Dana Van Beek Palmer, on the brief), for Appellant.

Naomi R. Cromwell, argued, Pierre, SD (Michael F. Tobin, Paul W. Tschetter, on the brief, Sioux Falls, SD, Naomi R. Cromwell, on the brief, Pierre, SD), for Appellee.

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Brittney Plamp filed this suit against the Mitchell School District ("School District") after she was battered by one of her high-school teachers, Andrew Tate. Plamp asserted claims under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681-88; a constitutional civil-rights claim under 42 U.S.C. § 1983; and a state-law battery claim based on a South Dakota vicarious-liability law. The School District filed a third-party,...

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