Court Rules School District Not Liable for Investigating Former Student's Historic Abuse Claim
A federal magistrate denied Brett Kimberlin's request to add a negligence claim against a school official, finding no duty to investigate allegations from the 1960s.
In a recent decision, Magistrate Judge Mark Dinsmore refused to permit Brett Kimberlin to expand his lawsuit against the Metro School District of Washington Township. Kimberlin sought to add a negligence claim against Dr. Woodson, alleging failure to report and investigate a 1960s sexual abuse allegation involving a deceased teacher. The court highlighted that Indiana's mandatory-reporting statutes lack a private enforcement mechanism and that the plaintiff had not been enrolled in the district for roughly 50 years.
Because no students were at risk when the letter was sent in 2024, the district and its staff owed no duty of care to a former student for past claims. Kimberlin's reply did not counter this reasoning, and the motion to amend was dismissed. The defendants are represented by attorney Jonathan Lamont Mayes of Bose McKinney & Evans.
Why it matters
The ruling clarifies that schools have no legal obligation to investigate historic abuse claims from former students.
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