MORROW v. BALASKI

No. 11-2000.

719 F.3d 160 (2013)

Brittany MORROW; Emily Morrow, Minors, In Their Own Right, And By Their Parents and Natural Guardians, Bradley Morrow and Diedre Morrow; Bradley Morrow; Diedre Morrow, Individually, Appellants v. Barry BALASKI, Individually; the Blackhawk School District.

United States Court of Appeals, Third Circuit.

Opinion Filed: June 05, 2013.

As Amended June 14, 2013.


Attorney(s) appearing for the Case

Albert A. Torrence , (argued), Attorney for Appellants.

Charles W. Craven , (argued), John J. Hare , Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, Scott G. Dunlop , Teresa O. Sirianni , Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA, Attorneys for Appellees.

Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., VANASKIE and NYGAARD, Circuit Judges.


OPINION OF THE COURT

McKEE, Chief Circuit Judge, with whom SLOVITER, SCIRICA, RENDELL, AMBRO (joining in judgment as expressed), SMITH, FISHER, CHAGARES, HARDIMAN, and GREENAWAY, JR., Circuit Judges join.

As is so often the case, the issues in this appeal arise from unsettling facts presented by sympathetic plaintiffs.1 We are asked to decide whether public schools have a constitutional duty to protect students from abuse inflicted...

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