Doe
Doe v. Benicia Unified School District
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
A custodian at plaintiff Jane Doe’s (“plaintiff’ or “Jane”) former elementary-school sexually molested her on school grounds. She alleges that school officials, in their individual capacities, violated her constitutional right under the Fourteenth Amendment to be free from invasion of her liberty interest in her bodily integrity. Plaintiff brought a claim for these violations under 42 U.S.C. § 1983 against defendants Ellen Blaufarb (“Blaufarb”), the school principal, Archie Kinney (“Kinney”), the Director of Employee Services, and Annette O’Connor (“O’Connor”), the Superintendent (collectively, “defendants”). She also asserts two state law torts against defendants for premises liability and negligent supervision.
This matter is before the court on defendants’ motion for partial summary judgment on plaintiffs sixth, seventh, and eighth claims for relief. Alternatively, defendants ask for partial summary judgment on plaintiffs eighth claim for violation of § 1983 and a remand of the remaining state law claims. Oh April 19, 2002, the court heard oral argument on the matter. For the reasons set forth below, the court grants defendants’ motion for partial summary…