(Download) "John Doe and Jane Doe v. Lawrence R." by 15224, 15225, 15277, 15278, 15279 Supreme Court of Idaho Nos. 15223 " Book PDF Kindle ePub Free
eBook details
- Title: John Doe and Jane Doe v. Lawrence R.
- Author : 15224, 15225, 15277, 15278, 15279 Supreme Court of Idaho Nos. 15223
- Release Date : January 10, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
During the 1979-1980 school year, appellant Lawrence Durtschi was employed as a fourth grade teacher at the Ammon Elementary School. Durtschi transferred to Ammon from Iona Elementary School in the same district. The school district employing Durtschi was School District No. 93 of Bonneville and Bingham Counties, Idaho (hereinafter the school district). The minor plaintiffs in the various cases on appeal were all female students in Durtschi's class. These plaintiffs, through their parents as guardians ad litem, alleged in their complaints that Durtschi, during school hours and while conducting or supervising school activities, sexually molested them. They further alleged that (1) the school district knew of Durtschi's acts against the plaintiff children, but nevertheless allowed him to continue as a teacher and to retain the children in his classroom, and (2) the school district knew or should have known that Durtschi had committed such acts against other children on prior occasions at Iona, but nevertheless had transferred him to the school in which the minor plaintiffs were enrolled. Plaintiffs filed complaints for damages, naming both Durtschi and the school district as defendants. Plaintiffs' action against Durtschi was for lewd and lascivious conduct toward the minor plaintiffs. Their action against the school district sounded in negligence in its hiring and retaining Durtschi, and breach of its duty of care toward the minor plaintiffs. In all three cases, plaintiffs stated that as a result of Durtschi's conduct, the individual minor plaintiffs suffered irreparable physical injury and severe psychological injury with physical manifestations, and that the parents of the minor plaintiffs suffered physical and psychological injuries, as well as incurring the future financial obligations of providing treatment and care for their children. Recognizing that the three cases raised the same questions of law, the district court consolidated them for purposes of determining liability.
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