Nabozny v. Podlesny: The Court’s Ruling

2012-10-30 22:32:31 by admin

Nabozny v. Podlesny

Nabozny v. Podlesny: Facts of the Case

In its analysis, the Seventh Circuit found that school officials violated the student’s Title IX right to be free of gender-based violence and to equal protection. However, the court affirmed the denial of the student’s due process claim. As part of its judgment, the court pointed out that the board had antiBullying policies in place and enforced them if the victims of harassment were female, but not male. To this end, the court awarded the student $900,000 in damages, a striking judgment against the board, especially because it added that the school officials were not entitled to qualified Immunity with respect to equal protection claims because of their failure to protect him. Clearly, Nabozny sent a loud message that officials in public schools could be liable for serious financial damages if they failed to protect the homosexual students within their walls.