Fifth Circuit: School officials immune in student sexual assault suit

NEW ORLEANS — The Fifth Circuit reversed the denial of a school’s motion to dismiss in this lawsuit brought by the mother of a disabled student who was sexually assaulted by another student who was known to have violent tendencies. The mother asserts a “state-created danger” exception to a “no duty to protect” rule, but this exception is not clearly established in the circuit, so the school officials have qualified immunity on the claims.