Duffin v. Idaho State University et al

Filing 39

ORDER - After reviewing the parties briefs, the Court will certify the following question to the Idaho Supreme Court:Does a special relationship exist between Plaintiff Orin Duffin, a student athlete, and Defendant Idaho State University, which i mposes a duty upon Idaho State University to protect Orin Duffin from discriminatory or harassingconduct by Idaho State University employees?Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
ORIN DUFFIN,
Case No. 4:16-cv-00209-BLW
Plaintiff,

ORDER

v.
IDAHO STATE UNIVERSITY, et. al.,
Defendants.

In the Court’s December 21, 2017 Memorandum Decision and Order, the Court
determined that it must certify a question to the Idaho Supreme Court regarding Duffin’s
Negligence and Gross Negligence claims (Counts VI & VII). The Court suggested the
following question:
Is there a “special relationship” between Plaintiff Orin Duffin
and Defendant Idaho State University which would fulfill the
duty prong of a negligence claim?
However, the Court gave the parties an opportunity to suggest changes to the question.
The Court has now received the parties’ suggestions. After reviewing the parties’ briefs,
the Court will certify the following question to the Idaho Supreme Court:

ORDER - 1

Does a “special relationship” exist between Plaintiff Orin
Duffin, a student athlete, and Defendant Idaho State
University, which imposes a duty upon Idaho State University
to protect Orin Duffin from discriminatory or harassing
conduct by Idaho State University employees?
IT IS SO ORDERED.

DATED: January 29, 2018
_________________________
B. Lynn Winmill
Chief U.S. District Court Judge

ORDER - 2