A victim of former teacher Brianne Altice has filed a second lawsuit against her and the Davis School District, this time in federal court.
The boy, one of three teens who had sexual contact with Altice in 2013, was joined by his parents as plaintiffs in the lawsuit, filed Tuesday — about six months after the same family dropped a lawsuit against the school district and Altice in Utah's 2nd District Court.
The family's attorney in June did not disclose the reason the family withdrew the lawsuit, but they moved to dismiss the case shortly after the Utah attorney general's office filed arguments that Utah's governmental immunity laws protected the district from being sued by Altice's victims.
At the time, the family's lawyer declined to comment "as it remains undetermined on whether the [Utah Governmental Immunity Act] grants immunity in this case. Once the matter is adjudicated, we will gladly comment."
The matter was adjudicated about two weeks ago, when 2nd District Judge John Morris threw out the case of another of Altice's victims. Morris agreed with state lawyers who argued school districts are protected from liability when students are assaulted, and the damage suffered by Altice's victims stem from behavior that amounted to "assault and battery."
Altice, now 36, pleaded guilty to forcible sexual abuse and was sentenced in July to at least two years and up to 30 years in prison.
The victim was 16 at the time the abuse occurred, and his name appears in court documents. However, The Salt Lake Tribune does not typically identify victims of sexual abuse.
Court documents say Altice, an English teacher at Davis High School at the time, touched the genitals of three individuals from January to September 2013. Each of the three teen boys testified at separate preliminary hearings that they had sex with the teacher.
The complaint filed Tuesday in U.S. District Court for the state of Utah reiterates allegations that employees at the school told officials about Altice's inappropriate behavior toward her male students. It states that the lawsuit is intended to redress "a hostile educational environment pursuant to Title IX, ... the deprivation of plaintiffs' constitutional rights under the 14th Amendment ... [and] negligence and resulting harm under Utah state common law."
ealberty@sltrib.com
Twitter: @erinalberty
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, 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, 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, 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 Retired Davis High School principal Dee Burton (above) testified in Judge John R. Morris' 2nd District Court, Thursday January 15, 2015 that he told former English teacher Brianne Altice that it was "inappropriate for a teacher to be in a one-on-one relationship outside of school. It's unethical." Brianne Altice, 35, is now facing 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 listens to the testimony of a teenager who gave details about his sexual relationship when he was 17-years old with Altice, his former Davis High School teacher during a preliminary hearing in Judge John R. Morris' 2nd District Court, Thursday January 15, 2015. According to charging documents, Altice allegedly had sexual contact with the 17-year-old boy between August and September of last year. Brianne 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 Retired Davis High School principal Dee Burton (above) testified in Judge John R. Morris' 2nd District Court, Thursday January 15, 2015 that he told former English teacher Brianne Altice that it was "inappropriate for a teacher to be in a one-on-one relationship outside of school. It's unethical." Brianne Altice, 35, is now facing 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 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 heads into the courtroom with her attorney Ed Brass 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 "She doesn't present a danger to anyone," said Ed Brass of his client Brianne Altice, hoping to keep her out of jail on bail during her 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 Prosecuting attorney Susan Hunt (top)confers with her co-counsel during Brianne Altice's 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 l-r Defense attorney Ed Brass and prosecuting attorney Susan Hunt during Brianne Altice's 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, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris (above) 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 Davis County Attorney's Office investigator Brett Baggs is testifies in Judge John R. Morris' 2nd District Court, Thursday, January 15, 2015. Brianne 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 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.
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