Henkle V. Gregory
Henkle v. Gregory, 150 F. Supp. 2d 1067 (D.Nev., Feb 28, 2001). Derek R. Henkle, Plaintiff, versus the Defendants: Ross Gregory, in his official and individual capacity, Denise Hausauer, Lorretta Rende, Joseph Anastasio, Robert Floyd, Serena Robb, in their individual capacities, and the Washoe County School District, a political subdivision of the State of Nevada, Volume 150 of the Federal Supplement, Second edition, page 1067 – the courts decision made on February 28, 2001. The Plaintiff Derek R. Henkle, who was a student at Galena High School, Washoe High School, and Wooster High School from 1994 thru 1997, filed a lawsuit against the Defendants, Ross Gregory, Principal, Galena High School; Denise Hausauer, Assistant Vice Principal, Galena High School; Loretta Rende, teacher, Galena High School; Joe Anastasio, Washoe County District Director of Student Services; Robert Floyd, Principal, Washoe High School; Serena Robb, Principal, Wooster High School; and the Washoe County School District on grounds of failing to protect him from harassment, and violence, which interfered with his civil right to an education. Plaintiff, Derek R. Henkle, began his freshman year at Galena High School in 1994. Becaus
One incident of alleged harassment occurred in the fall semester of 1995. Several male students approached the Plaintiff while on Galena High School grounds and began barraging him with anti-gay epithets. One of the students suggested that the group tie the Plaintiff to the back of a truck and drag him down a nearby road. The students pursued the Plaintiff and succeeded in lassoing him around the neck with a rope. The Plaintiff was able to escape to a classroom and immediately used an internal phone to call the Principals office. The Plaintiff waited almost two hours before anyone came to the classroom where he hid in fear. When the Defendant, Assistant Vice Principal Hausauer arrived she responded to the Plaintiff recounting of the incident with laughter. Defendant, Principal Gregory, was also made aware of the incident and instead of conducting an immediate investigation and punishing the harassers, both the Principal and Assistant Vice Principal took no action against the alleged harassers despite knowing their identities. Strict liability is an automatic responsibility (without having to prove negligence) for damages due to possession and/or use of equipment, materials or possessions, which are inherently dangerous, such as explosives, wild animals, poisonous snakes or assault weapons. The Plaintiff sued the Defendants because they were allegedly aware of the verbal, physical harassment, and abuse. As school officials they had the authority to institute corrective and preventative measures, but they repeatedly and intentionally failed to take the necessary measures to stop it. This case is not a civil wrong because the Defendants did not break the law, but their actions (or lack of action) resulted in injury to the Plaintiff, which makes this case, a tort. “Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party.”
Some topics in this essay:
Discussion Plaintiff,
School District,
Galena School,
Plaintiff Defendants,
Constitutions Federal,
United Constitution,
Student Services,
Principal Robb,
School Plaintiff,
Furthermore Plaintiff,
washoe county,
sexual orientation,
galena school,
school district,
washoe county school,
county school,
school officials,
county school district,
harassment assaults,
student services,
director student,
director student services,
joe anastasio,
harassment assaults intimidation,
assaults intimidation discrimination,
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Approximate Word count = 1970
Approximate Pages = 8 (250 words per page double spaced)
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