Jane Doe 7 v. Rust College et al

Filing 33

ORDER granting 20 Motion to Dismiss Vicarious Liability Claim. Signed by Senior Judge Neal B. Biggers on 3/20/2015. (llw)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
JANE DOE 7
V.

PLAINTIFF
CIVIL ACTION NO. 3:14CV33-NBB-SAA

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

DEFENDANTS

ORDER DISMISSING PLAINTIFF’S VICARIOUS LIABILITY CLAIM
Presently before the court is a motion by Defendants Rust College and David Beckley to
dismiss Plaintiff’s vicarious liability claim. Upon due consideration, the court finds that the
motion is well taken and should be granted.
The court first notes that Plaintiff has not specifically asserted a vicarious liability claim
against Defendants. For purposes of this ruling, however, the court will assume arguendo that
Plaintiff’s complaint contains such a claim. Plaintiff’s only possible claim for vicarious liability
would fall within its allegation that Defendants violated Title IX. The Supreme Court, however,
has held that Title IX claims cannot be based on vicarious liability. Gebser v. Lago Vista Indep.
Sch. Dist., 524 U.S. 274 (1998). Consequently, any vicarious liability claim that Plaintiff may be
attempting to assert is not viable.
The court, therefore, finds that Defendants’ motion to dismiss Plaintiff’s vicarious
liability claim should be, and the same is hereby, GRANTED.
SO ORDERED AND ADJUDGED this, the 20th day of March, 2015.

/s/ Neal Biggers
NEAL B. BIGGERS, JR.
UNITED STATES DISTRICT JUDGE