Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
No. 3:17-cv-01098—Aleta Arthur Trauger, District Judge.
Argued: July 25, 2023
Decided and Filed: November 15, 2023
Before: MOORE, GIBBONS, and BUSH, Circuit Judges.
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OPINION
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JULIA SMITH GIBBONS, Circuit Judge. S.C., a high school student at the inception of
this case, sued the Metro Nashville Public Schools (“MNPS”) under Title IX and 42 U.S.C.
§ 1983, alleging that MNPS was deliberately indifferent to student-on-student harassment that
she suffered related to her sexual assault and later participation in a sexual misconduct
investigation. In her suit, S.C. raised three types of claims: a Title IX “before” claim, alleging
deliberate indifference by MNPS before she was assaulted; a Title IX “after” claim, alleging
deliberate indifference by MNPS during the school’s investigation into her harassment; and
Fourteenth Amendment equal protection claims brought under 42 U.S.C. § 1983.
S.C.’s Title IX “before” claim was dismissed at the summary judgment phase, but the
remaining claims proceeded to trial. After a bench trial, the court found MNPS liable for
emotional distress and other damages on the Title IX “after” claim, but not liable under § 1983.
The parties now cross-appeal the judgment, and S.C. also appeals the grant of summary
judgment to MNPS on the other Title IX claims.
Because the district court lacked the benefit of our ruling in Doe v. Metro. Gov’t of
Nashville & Davidson Cnty., 35 F.4th 459 (6th Cir. 2022), cert. denied sub nom. Metro. Gov’t of
Nashville & Davidson Cnty. v. Doe, 143 S. Ct. 574 (2023), we vacate and remand the court’s
grant of summary judgment to MNPS on the Title IX “before” claim and the § 1983 “before”
claim. However, we affirm both the trial court judgment that MNPS is liable on S.C.’s Title IX
“after” claim and the damages award. |