Public Justice: Protecting Students and Pursuing Accountability

Public Justice recently filed an amicus brief in support of two students who were sexually abused by their teacher. Both students brought legal claims against the school district. Following a trial, a jury found that the district’s policies and practices had increased the risk that the students would be abused and awarded significant damages.

The case was appealed to the Fifth Circuit, with the school district challenging its liability and the students challenging the district court’s decision to substantially reduce the jury’s damages award.

Public Justice argued that schools may be held liable under Title IX through an “official policy” theory of liability when staff members engage in harassment or abuse. The school district had argued that this theory was limited to cases involving student-on-student harassment. Public Justice explained why, in its view, the theory also applies to staff-on-student harassment.

The brief also addressed the reduction of the jury’s damages award. According to Public Jusitce, following the Supreme Court’s 2022 decision in Cummings, Title IX plaintiffs generally cannot recover damages for emotional distress alone, but damages for physical injuries remain available. Public Justice argued that conditions including post-traumatic stress disorder and major depressive disorder can involve physical changes to the brain and that the district court failed to properly account for related medical expenses and other damages.

The outcome of this case could have implications beyond the individuals involved. Questions about how schools can be held accountable for their policies and practices, as well as what damages are available to survivors, can affect how future cases are considered.

Public Justice’s part in cases like this helps bring additional legal perspective to issues that can have lasting consequences for students and families. We’re grateful for the important work Public Justice does to help victims fight for justice and advocate for accountability. 

At Advocate Capital, we’re proud to support Public Justice and the trial attorneys who dedicate their time and resources to pursuing justice through the civil court system. To learn more about the work Public Justice does or to become a member, visit their website, PublicJustice.net. 

About Donna A. Jones

Donna Jones is the President at Advocate Capital, which became a part of Pinnacle in 2019. Ms. Jones is a member of the Board of Directors of Advocate Capital and serves as a member of the Credit Committee. Her responsibilities include education and training of Advocate Capital staff regarding civil litigation, coaching new clients on the fundamentals of Advocate’s online services, as well as its proprietary software application, AdvoTrac®, and all activities related to existing and prospective clients.