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Motion to Dismiss - Sexual Assault of a Minor - Reply; Hinshaw & Culbertson LLP; 10.27.2015
Defendant's Reply to Motion to Dismiss Complaint for Sexual Assault of a Minor
Case Topics: Sexual Abuse of a Minor, Assault and/or Battery, Infliction of Emotional Distress, Negligence, Breach of Fiduciary Duty
Grounds for Moving: Employee was not acting in the course and scope of her employment when engaged in off-campus sexual activities with Plaintiffs. Plaintiffs have failed to plead a factual basis for claims against the school district. Hiring and firing decisions and failing to supervise activities are protected by the discretionary immunity found in Local Government Tort Immunity Act. Tort Immunity Act provides immunity for the alleged failure to detect or prevent commission of a crime and bars claims.
Moving to Dismiss the Following Claims: Negligence, Breach of Fiduciary Duty