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DOE 175 v. COLUMBIA HEIGHTS SCHOOL DIST.

No. A13-0768.

842 N.W.2d 38 (2014)

Jane DOE 175, a minor, by her mother and natural guardian, Mother DOE 175, Respondent, v. COLUMBIA HEIGHTS SCHOOL DISTRICT, ISD No. 13, Appellant, Christopher Lloyd Warnke, Respondent.

Court of Appeals of Minnesota.

January 21, 2014.

Attorney(s) appearing for the Case

Jeffrey R. Anderson , Sarah G. Odegaard , Jeff Anderson & Associates, P.A., St. Paul, MN, for respondent Jane Doe 175.

Margaret A. Skelton , Christian R. Shafer , Scott E. Schraut , Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for appellant Columbia Heights School District.

Christopher Lloyd Warnke, Anoka, MN, pro se respondent.

Susan L. Naughton , League of Minnesota Cities, St. Paul, MN, for amici curiae League of Minnesota Cities and Association of Minnesota Counties.

Thomas S. Deans , Michelle D. Kenney , Knutson, Flynn & Deans, P.A., Mendota Heights, MN, for amicus curiae Minnesota School Boards Association.

Considered and decided by JOHNSON, Presiding Judge; RODENBERG, Judge; and CHUTICH, Judge.

OPINION

JOHNSON, Judge.

While employed by the Columbia Heights School District, Christopher Lloyd Warnke engaged in sexual misconduct with a minor student. The student sued Warnke and the school district. The district court granted the school district's motion for summary judgment on two theories of relief but denied the motion with respect to the student's theory that the school district should be vicariously liable for Warnke's tortious conduct. The student...

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