School ignores students' complaints of harassment: § 1983 equal protection violations: Settlement

Law Reporter, Aug 2004

Flores v. Morgan Hill Unified Sch. Dist., U.S. Dist. Ct., N.D. CaL, No. CV-98-20358-JW(PVT), Jan. 6, 2004.

Flores and five other students in the county's public schools were harassed by other students because they were gay or perceived as gay. The harassment included threats, namecalling, throwing food at the students, physical abuse, and leaving violent and pornographic images in their lockers. Although the students reported the harassment, teachers and school officials allegedly did nothing or even condoned the behavior.

The students sued the school district and several administrators under 42 U.S.C. § 1983, alleging defendants violated their equal protection rights. Defendants moved for summary judgment, arguing they are entitled to immunity because plaintiffs did not show they acted with improper motive, and because the law does not clearly establish that students are entitled under the equal protection clause of the U.S. Constitution to protection from peer harassment based on sexual orientation. The trial court denied the motion.

Affirming, the Ninth Circuit Court of Appeals noted there was enough evidence for a reasonable jury to infer that defendants acted with deliberate indifference. Further, the court held that the law was clearly established at the time of the incidents, and there was evidence to support a finding that defendants' actions were unreasonable. Flores v, Morgan Hill Unified Sch. Dist., 324 E3d 1130 (9Ui Cir. 2003).

The parties subsequently reached a settlement for $1.1 million. The settlement also includes an agreement that defendant will implement a training program for administrators, staff, and students regarding anti-gay harassment.

Plaintiffs' Counsel

Stacey Wexler,

Christine Sun,

Jay Kuo,

James Emery,

Ann Brick,

Kathryn Kendell,

Shannon Minter, and

Courtney Joslin, all of San Francisco, CaI.

Diane Ritchie, San Jose, CaI.

Leslie Levy, Oakland, CaI.

Matthew A. Coles, New York, N.Y.