Johnson v. Elk Lake School District

283 F.3d 138 (3rd Cir. 2002)

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Nature of the Case

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Facts

P was a freshman in high school, and she began making regular visits to Stevens's (D) office to discuss family difficulties. P contends that shortly thereafter D began sexually harassing and abusing her. P alleges that for the next two years D repeatedly sent her letters, roses, cards, and other suggestive correspondence, attempted on numerous occasions to hug and kiss her without her consent, and at one point fondled her breasts and vagina. P sued and sought relief from both D and the Administration for the violation of her civil rights under 42 U.S.C. SS 1983, 1985, and 1986, as well as for the commission of the torts of conspiracy, negligence, assault, and battery, and intentional infliction of emotional distress. Many of the claims were dismissed and the District Court eventually granted summary judgment for the Administration with respect to the remaining 1983 claim. The claim against D went to trial. P attempted to introduce the testimony of Karen Radwanski, a teacher's associate in the high school's restaurant training program and a friend of D, regarding an incident in which D allegedly sexually assaulted her in the office of another teacher. Radwanski had just walked into the office carrying lunch when D allegedly picked her up and threw her over his shoulder. According to Radwanski, who was wearing a skirt at the time, D's hand went up her skirt and touched her in the crotch area while he raised her off the floor. D soon let her down to the floor and the two of them, along with the teacher, proceeded to sit down and eat lunch together. The trial court refused the evidence. D got the verdict. P appealed.