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A.W. v. Lancaster County School District 0001

Supreme Court of Nebraska
784 N.W.2d 907 (2010)

Facts

A.W. (plaintiff) is the mother of C.B., a kindergarten student at a school within the Lincoln Public Schools (LPS) (defendant). A.W. sued LPS after C.B. was sexually assaulted in a restroom at his school, alleging that LPS was negligent in allowing the assault to occur. LPS employees witnessed Joseph Siems, the man who committed the assault, enter the school, noted that he posed a danger, and attempted to determine his purpose at the school, but failed to keep track of his location. While Siems was at large within the school, C.B. was permitted to use a school restroom alone, after which he reported that Siems had sexually assaulted him. The district court dismissed LPS on summary judgment, holding that it did not owe a duty to protect C.B. from the sexual assault, that the assault against C.B. was not foreseeable, and that LPS took reasonable steps to protect students against reasonable acts of violence.

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Holding and Reasoning (Gerrard, J.)

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