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
Leah Hogsten | The Salt Lake Tribune Brianne Altice, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris refused to set bail, Thursday, January 15, 2015. Altice, is facing a total of 14 felony charges for allegedly having sexual relationships with three male students: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy, three counts of second-degree felony forcible sexual abuse, along with three counts of unlawful sexual activity with a minor and one count of dealing harmful material to a minor, all third-degree felonies.
Leah Hogsten | The Salt Lake Tribune Brianne Altice, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris refused to set bail, Thursday, January 15, 2015. Altice, is facing a total of 14 felony charges for allegedly having sexual relationships with three male students: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy, three counts of second-degree felony forcible sexual abuse, along with three counts of unlawful sexual activity with a minor and one count of dealing harmful material to a minor, all third-degree felonies.
Leah Hogsten | The Salt Lake Tribune Brianne Altice heads into the courtroom for a preliminary hearing in Judge John R. Morris' 2nd District Court, Thursday January 15, 2015. Altice, was taken into custody and is headed to trial with 10 felony counts for alleged sexual relationships with three teens: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy and three counts of second-degree felony forcible sexual abuse in connection with allegedly having sex with the three male students.
Leah Hogsten | The Salt Lake Tribune Brianne Altice reacts as victim #1's mother tells her, "I've been looking for a glimpse of remorse, but all I see is disbelief at what is happening to her," at Altice's sentencing hearing before Judge Thomas L. Kay. Brianne Altice was sentenced to up to 30 years, Thursday, July 9, 2015 in Judge Thomas L. Kay's Second District Courtroom. Altice, a former Davis High school teacher had sexual relationships with three of her students.