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A Utah judge has tossed out a lawsuit claiming that a school district didn't do enough to protect students from a female teacher who sexually abused three male students.

But a lawyer for one of the teenage victims says she plans to appeal the ruling handed down Thursday during a court hearing in Farmington.

Attorney Lindy Hamilton says the school looked the other way when signs of sexual misconduct surfaced regarding 36-year-old Brianne Altice.

Lawyers for the Davis School District had argued in court papers that schools are protected from liability when students are assaulted, and asked for the suit to be tossed.

"The assault and battery is the cause which produced [the teen's] injuries," school district attorneys wrote. "And without which his injuries would not have occurred."

But Hamilton argued in court papers that Altice's conduct did not rise to "assault and battery."

She classified Altice's behavior as "sexual misconduct" and said the school district was negligent in hiring and retaining Altice. She further argued that assault and battery only occurs if there is "unwanted contact" or the "threat of unwanted contact" — which was not the case between Altice and the teen.

But 2nd District Judge John Morris ultimately sided with state lawyers, ruling that the school district was indeed protected from liability in the case.

In July, Altice was sentenced to spend at least two years and up to 30 years in prison. She had pleaded guilty months earlier to three counts of second-degree felony forcible sexual abuse.

She admitted in court records that she touched the genitals of three individuals from January to September of 2013. Each of the three male students testified at separate preliminary hearings that they had sexual intercourse with the teacher.

This is the second lawsuit filed against the school district that has been tossed in connection with Altice's crimes. In the other case, the lawyers for another student withdrew the suit with no settlement. That attorney would not discuss why he had asked for the case to be dismissed.

— The Associated Press contributed to this story.

jmiller@sltrib.com