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JANE DOE v. JACKSON LOCAL SCHOOL DISTRICT BOARD

No. 19-3019.

954 F.3d 925 (2020)

JANE DOE and John Doe, Individually and as the natural parents and next of kin of Minor Doe, Plaintiffs-Appellants, v. JACKSON LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, Tamara Neff, Michelle Krieg, Jimmie Singleton, Susanne Waltman, and Harley Neftzer, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 1, 2020.

Attorney(s) appearing for the Case

ARGUED: Laura L. Mills , MILLS, MILLS, FIELY & LUCAS, LLC, Canton, Ohio, for Appellants. Sherrie C. Massey , PETERS KALAIL & MARKAKIS CO., LPA, Cleveland, Ohio, for Appellees. ON BRIEF: Laura L. Mills , MILLS, MILLS, FIELY & LUCAS, LLC, Canton, Ohio, for Appellants. Sherrie C. Massey , David S. Hirt , PETERS KALAIL & MARKAKIS CO., LPA, Cleveland, Ohio, for Appellees.

Before: GUY, BUSH, and MURPHY, Circuit Judges.

OPINION

Like other cases involving the "state-created-danger" theory of substantive due process, this case comes to us with tragic facts: a fifth grader sexually assaulted a kindergartener. Cf. McQueen v. Beecher Cmty. Schs., 433 F.3d 460, 462 (6th Cir. 2006); Schroder...

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