Doe v. Escambia County School Board
Florida District Court of Appeal
599 So. 2d 226 (1992)
- Written by Daniel Clark, JD
Facts
Doe was a 14-year-old ninth-grade student at Woodham High School (school), which was governed by the Escambia County School Board (board) (defendant). Doe was emotionally and learning disabled, functioned at third- or fourth-grade levels, and exhibited extreme social immaturity. One day, Doe arrived at school in a modest dress. Twice, Doe changed out of her dress into a miniskirt, which multiple teachers witnessed. The teachers made Doe change back into her modest dress on both occasions. During lunch, a male student took Doe by the arm, led her out of the school into a car, and drove her to a house. Several other male students also left the school to drive to the house. Five of the male students raped Doe at the house. Doe’s parents (plaintiffs), on her behalf, sued the board under a theory that the school had been negligent in its supervision of the students under its control. The board moved for summary judgment, arguing that the board was protected by sovereign immunity. The trial court granted the board’s motion, finding that the parents’ complaint was properly characterized as a claim of inadequate security at the school, which the trial court held was a discretionary function protected by sovereign immunity. The parents appealed.
Rule of Law
Issue
Holding and Reasoning (Zehmer, J.)
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