Jane Doe 6 v. Rust College et al

Filing 36

ORDER granting 16 Motion to Dismiss Vicarious Liability Claims. Signed by Senior Judge Neal B. Biggers on 8/14/2015. (llw)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
JANE DOE 6

PLAINTIFF

VS.

CIVIL ACTION NO. 3:14-CV-32-NBB-SAA

RUST COLLEGE, SYLVESTER
OLIVER, and DAVID BECKLEY,
in his official capacity as President
of Rust College

DEFENDANTS

ORDER DISMISSING VICARIOUS LIABILITY CLAIMS
Presently before the court is a motion by defendant Rust College and David Beckley to
dismiss vicarious liability claims. Upon due consideration, the court finds that the motion is well
taken and should be granted.
The court has previously granted the defendants’ motions to dismiss vicarious liability
claims asserted under Title IX in cases related to this action1 based on the Supreme Court’s
ruling in Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998) and the Fifth Circuit’s
ruling in Rosa v. San Elizario Indep. Sch. Dist., 106 F.3d 648 (5th Cir. 1997). Both cases hold
that Title IX claims cannot be based solely on principles of vicarious liability. Further, the
plaintiff failed to respond to the present motion; thus, the court assumes it is conceded.
It is, therefore, ORDERED AND ADJUDGED that the defendants’ motion to dismiss
vicarious liability claims is hereby GRANTED.
This, the 14th day of August, 2015.
/s/ Neal Biggers
NEAL B. BIGGERS, JR.
UNITED STATES DISTRICT JUDGE

1

See Jane Doe v. Rust College, et al., No. 3:13cv220-NBB-SAA; Jane Doe 7 v. Rust College, et
al., No. 3:14cv33-NBB-SAA.