DOE v. PAWTUCKET SCHOOL DEPT.

No. 19-1458.

969 F.3d 1 (2020)

Jane DOE, a minor in and for her own behalf and in her own right; Mary Doe, parent and next friend of Jane Doe, a minor and in her own right, Plaintiffs, Appellants, v. PAWTUCKET SCHOOL DEPARTMENT; City of Pawtucket, Rhode Island; Patti Decenso, individually and in her official capacity as Superintendent of Pawtucket School Department; Pawtucket School Committee; Gerard Charbonneau, in his capacity as Chairman of Pawtucket School Committee; Michael Araujo, in his capacity as Pawtucket School Committee Member; Joanne M. Bonollo, in her capacity as Pawtucket School Committee Member; Erin M. Dube, in her capacity as Pawtucket School Committee Member; John J. Crowley, in his capacity as Pawtucket School Committee Member; Joseph Knight, in his capacity as Pawtucket School Committee Member; Elena Vasquez, in her capacity as Pawtucket School Committee Member; Linda Gifford, individually and in her official capacity as school principal of Pawtucket Learning Academy; Shaun W. Strobel, in his capacity as Pawtucket City Treasurer; David Morton, in his individual and official capacity as a teacher and member of the Pawtucket Learning Academy; Karen Dube, in her individual and official capacity as a teacher and member of the Pawtucket Learning Academy; Elizabeth Velis, in her individual and official capacity as a teacher and member of the Pawtucket Learning Academy; Lee Rabbit, in her individual and official capacity as a teacher and member of the Pawtucket Learning Academy; Kerri Day, in her individual and official capacity as a teacher and member of the Pawtucket Learning Academy; Susan Hall, in her individual and official capacity as a teacher and member of the Pawtucket Learning Academy; Michaela Frattarelli, in her individual and official capacity as a teacher and member of the Pawtucket Learning Academy; Christopher Swiczewicz, in his individual and official capacity as a teacher and member of the Pawtucket Learning Academy; Thomas J. Anderson, in his individual and official capacity as a teacher and member of the Pawtucket Learning Academy, Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 6, 2020.


Attorney(s) appearing for the Case

George Patrick Hovarth , Pawtucket, RI, Law Offices of Hovarth & Hovarth, and Edward John Mulligan , Lincoln, RI, on brief for appellants.

Jon Mason Anderson , Brennan, Recupero, Cascione, Scungio, & McAllister, LLP, Patrick Kelly Cunningham , Marc DeSisto , Providence, RI, DeSisto Law LLP, Sara Rapport , Whelan, Corrente, Flanders, Kinder & Siket LLP, Patrick J. McBurney , Matthew Christopher Reeber , Johnston, RI, Pannone Lopes Devereaux & O'Gara LLC, Mark P. Dolan , Providence, RI, and Rice Dolan & Kershaw on brief for appellees.

Before Lynch, Kayatta, and Barron, Circuit Judges.


Plaintiff Jane Doe has alleged that she was the victim of several incidents of sexual assault and harassment while she was a student at the Pawtucket Learning Academy ("PLA") in Pawtucket, Rhode Island. The district court granted the defendants' motion to dismiss all of Doe's claims, and Doe appealed. Because Doe's allegations...

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