The rapes are all alleged to have occurred on school property. The lawsuit alleges that the rapes were followed by "relentless bullying and trauma" from other students after the video taped assault was seen by other students. A negligence claim was filed against the School District.
In order to prevail on this type of a claim, the plaintiff will need to show that one or more employees of the School District were "negligent" and that the school should be held "vicariously liable" for the actions or inaction of their employee(s) as provided in California Government Code 815.2, which states, in part, as follows:
"CA. Govt. Code 815.2. (a) A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative."
Public officials are afforded certain immunities to suit in certain circumstances. The alleged victim in this case will need to show that school officials either knew or should have known
about the assaults and failed to act to prevent them.