An Illinois Federal District Court found in Martin ex rel. Estate of C.D.C. v. East St. Louis School District #189, that a school district was not guilty of a Section 1983 claim after it failed to prevent the rape of a female intellectually disabled student within the school. The judge pointed out that failing to lock the special education wing of the school did not lead to amount to the creation of a “dangerous situation,” and the fact that the girl was not being supervised 1:1 by a teacher did not amount to neglect, as “the district had no reason to believe [the boy] would push her into a janitor’s closet with her attacker.”
September 2016
