DOE v. UNIVERSITY OF KENTUCKY

No. 19-5126.

971 F.3d 553 (2020)

Jane DOE, Plaintiff-Appellant, v. UNIVERSITY OF KENTUCKY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 19, 2020.


Attorney(s) appearing for the Case

ARGUED: Linda M. Correia , CORREIA & PUTH, PLLC, Washington, D.C., for Appellant. Bryan H. Beauman , STURGILL, TURNER, BARKER & MOLONEY, PLLC, Lexington, Kentucky, for Appellee. ON BRIEF: Linda M. Correia , Roshni C. Shikari , CORREIA & PUTH, PLLC, Washington, D.C., for Appellant. Bryan H. Beauman , Jessica R. Stigall , STURGILL, TURNER, BARKER & MOLONEY, PLLC, Lexington, Kentucky, William E. Thro , UNIVERSITY OF KENTUCKY, Lexington, Kentucky, for Appellee. Demian A. Ordway , M. Theodore Takougang , HOLWELL SHUSTER & GOLDBERG LLP, New York, New York, Emily Martin , Neena Chaudhry , Sunu Chandy , Shiwalit Patel , NATIONAL WOMEN'S LAW CENTER, Washington, D.C., for Amici Curiae.

Before: BOGGS, BATCHELDER, and DONALD, Circuit Judges.


OPINION

In this matter, we ask whether Plaintiff Jane Doe (hereinafter "Doe") can bring a Title IX, 20 U.S.C. § 1681, claim against a university based on that university's alleged deliberate indifference to a sexual assault by a university student (i.e., a Title IX Davis claim,

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