MB&M Wins Dismissal of State-Created Danger Suit for Local School District

In a decision announced August 22, 2011, District Judge David Cercone granted the summary judgment motion filed by Maiello, Brungo & Maiello on behalf of the North Allegheny School District and dismissed all claims brought in the plaintiff’s suit.  The case, captioned Jane Doe v. North Allegheny School District, et. al. involved allegations of state-created danger and unlawful harassment arising out of an alleged student-on-student assault occurring on school grounds. Judge Cercone agreed with MB&M’s arguments that the District could not be liable under the state-created danger theory where no District employees or representatives had committed an affirmative act which caused harm to plaintiff, and further agreed that the District could not be liable under plaintiff’s harassment claims where plaintiff failed to make necessary reports.  A copy of Judge Cercone’s Opinion and Order are linked below.  In the Fall, 2011, edition of the School Law News we will be surveying recent Third Circuit cases involving state-created danger claims, including the Jane Doe case. If you do not already receive Maiello, Brungo & Maiello’s School Law News, contact Lisa Liptak (ll@mbm-law.net) to have your name added to our distribution list.

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