SILENT SUFFERING: DEMANDING INDIVIDUAL ACCOUNTABILITY FOR SEXUAL ASSAULT AGAINST DISABLED CHILDREN IN SCHOOL ENVIRONMENTS

Authors

Stephanie Flores

Abstract

Disabled children are among the most vulnerable in society, particularly in school environments where they depend on the actions and care of others for their safety. These children face significantly higher risks of sexual abuse than their non-disabled peers, and school officials' negligence can exacerbate this danger. Despite the prevalence of such cases, the Fifth Circuit's refusal to recognize school officials’ liability under the state-created danger doctrine, as seen in Fisher v. Moore, deprives disabled children of adequate legal recourse under 42 U.S.C. § 1983. The decision holds that school officials cannot be held personally liable for the peer-inflicted sexual assault of a child under their supervision—a troubling outcome for parents in Texas, Louisiana, and Mississippi. This Note critically examines the legal framework of § 1983 and the state-created danger doctrine, focusing on the reluctance of the Fifth Circuit and other courts to apply this theory of liability to cases involving sexual assault of disabled children in schools. Through an analysis of Fisher v. Moore and related precedents, it highlights the insufficient protections for disabled children and the limitations of Title IX as a remedy for peer-inflicted sexual violence. Ultimately, this Note advocates for amending § 1983 to hold negligent school officials individually accountable and better protect disabled students from sexual assault.

Recommended Citation

Stephanie Flores, SILENT SUFFERING: DEMANDING INDIVIDUAL ACCOUNTABILITY FOR SEXUAL ASSAULT AGAINST DISABLED CHILDREN IN SCHOOL ENVIRONMENTS, 33 J. L. & Pol'y 167 (2024).
Available at: https://brooklynworks.brooklaw.edu/jlp/vol33/iss1/7