Filed: Aug. 08, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-60818 Summary Calendar LINDA BRUCE, As Natural Mother and Next Friend of Samantha T., Plaintiff-Appellant, versus STEVE E. WIGLEY, Etc.; ET AL., Defendants, SOUTH PANOLA SCHOOL DISTRICT, Jointly and Severally; RUTH BALL, Individually, Jointly, and Severally; MARTHA LYNN JOHNSON, Individually, Jointly, and Severally; TRACY TAYLOR, Individually, Jointly, and Severally, Defendants-Appellees. - Appeal from the United States District
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-60818 Summary Calendar LINDA BRUCE, As Natural Mother and Next Friend of Samantha T., Plaintiff-Appellant, versus STEVE E. WIGLEY, Etc.; ET AL., Defendants, SOUTH PANOLA SCHOOL DISTRICT, Jointly and Severally; RUTH BALL, Individually, Jointly, and Severally; MARTHA LYNN JOHNSON, Individually, Jointly, and Severally; TRACY TAYLOR, Individually, Jointly, and Severally, Defendants-Appellees. - Appeal from the United States District C..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60818
Summary Calendar
LINDA BRUCE, As Natural Mother and
Next Friend of Samantha T.,
Plaintiff-Appellant,
versus
STEVE E. WIGLEY, Etc.; ET AL.,
Defendants,
SOUTH PANOLA SCHOOL DISTRICT, Jointly and Severally;
RUTH BALL, Individually, Jointly, and Severally;
MARTHA LYNN JOHNSON, Individually, Jointly, and Severally;
TRACY TAYLOR, Individually, Jointly, and Severally,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 2:99-CV-146-EM
--------------------
August 6, 2001
Before DAVIS, JONES and DeMOSS, Circuit Judges.
PER CURIAM:*
Linda Bruce appeals the summary-judgment dismissal of her
claims brought under Title IX of the Education Amendments of
1972, 20 U.S.C. § 1681, and Mississippi law. Bruce contends that
the South Panola School District had notice that Samantha T. was
experiencing student-on-student harassment, yet the school
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-60818
-2-
district acted unreasonably and with deliberate indifference by
failing to investigate and protect Samantha T. Bruce contends
that summary judgment was not appropriate because there were
factual issues in dispute concerning whether the school
district’s response to the harassment, in light of its knowledge
of Samantha T.’s situation, was clearly unreasonable.
We review “the grant of a summary judgment motion de novo,
using the same criteria used by the district court.” Fraire v.
City of Arlington,
957 F.2d 1268, 1273 (5th Cir. 1992). Summary
judgment is proper if the pleadings and record evidence “show
that there is no genuine issue as to any material fact and that
the moving party is entitled to a judgment as a matter of law.”
Fed. R. Civ. P. 56(c). To defeat a properly supported summary-
judgment motion, the nonmovant must provide affidavits or other
competent summary-judgment evidence that sets forth specific
facts showing the existence of a genuine issue for trial. Fed.
R. Civ. P. 56(e).
Bruce did not produce evidence to show that the South Panola
School District acted with deliberate indifference to student-on-
student harassment, of which it had actual knowledge, that was
“so severe, pervasive, and objectively offensive” that it can be
said to have deprived Samantha T. “of access to the educational
opportunities or benefits provided by the school.” Davis v.
Monroe County Bd. of Educ.
526 U.S. 629, 650 (1999). The
magistrate judge did not err in concluding as a matter of law
that the school district’s response was not “clearly unreasonable
in light of the known circumstances.”
Id. at 648-49.
No. 00-60818
-3-
On the state tort claims, Bruce did not produce evidence
that the appellees breached a duty owed to Samantha T. to provide
a safe school environment under the circumstances. See Pearl
Pub. Sch. Dist. v. Groner, ___ So. 2d ___,
2001 WL 393902 at ¶ 14
(Miss. Apr. 19, 2001) (No. 1999-CA-02027-SCT); Summers v. St.
Andrew’s Episcopal Sch.,
759 So. 2d 1203, 1213 (Miss. 2000).
Accordingly, the judgment of the magistrate judge is
AFFIRMED.