Plumeau

Plumeau v. School District 40

Good Law
130 F.3d 432
United States Court of Appeals for the Ninth CircuitDecember 4, 1997No. 96-35074California3,950 words

Opinion

Lead Opinion

Fletcher, J.

Amanda Barton-Plumeau and her mother Barbara Plumeau (“Plumeaus”) appeal the grant of summary judgment to the County of Yamhill, Oregon School District # 40 (“School District”), dismissing their claims against the School District for Amanda’s sexual abuse by a school janitor on school premises. 1 We have jurisdiction, 28 U.S.C. §§ 636 (c) and 1291, and we affirm.

*434 FACTS

Between 1983 and 1987 Amanda Barton-Plumeau, then 6-9 years of age, attended Memorial Grade School, a public grade school in McMinnville, Oregon. During this period, Amanda was sexually abused on school premises by the school janitor, Adrian Moore. Memorial School employees and School District officials claim that they knew nothing about the abuse at the time. The Plumeaus contend that Moore’s behavior should have alerted school personnel to the possibility that Moore was abusing children at Memorial.

When Amanda was in the first grade, Amanda was standing in line for lunch in the school cafeteria when she saw Moore and ran out of line to greet him. Moore picked her up and hugged her. Amanda recalls that her first grade teacher reprimanded her and told her to get back in line. Later the same day, Amanda was…

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