Author Topic: District claims 12 year old raped by teachers was 'careless and negligent'  (Read 2086 times)

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Offline Tolpuddle Martyr

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The district in charge of Moraga middle school in northern California is claiming that one of their former students, who was twelve when she was being raped by two teachers in their employ was "careless and negligent" at the time of the rapes.

Quote
Defendants allege that Plaintiff was herself careless and negligent in and about the matters alleged in the complaint, and that said carelessness and negligence on said Plaintiff’s part proximately contributed to the happenings of the incident and to the injuries, loss and damages complained of, if any there were . . . .

    [Alternatively, d]efendants allege that Plaintiff was herself responsible for the acts and damages of which she claims herein, and by reason thereof is estopped from obtaining any damages as result thereof.

The districts excuse?

Quote
“this is a significant case that could have serious consequences for our school district. . . . As a result, at this point in the proceedings we have an obligation not to waive any potential legal lines of defense.”

Feel free to vomit now!


Offline Random Dinosaur

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Re: District claims 12 year old raped by teachers was 'careless and negligent'
« Reply #1 on: November 07, 2012, 07:02:37 am »
Feel free to vomit now!

BBBLLLLAAAAARRRRRGGGGHHH.
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Offline Sylvana

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Re: District claims 12 year old raped by teachers was 'careless and negligent'
« Reply #2 on: November 07, 2012, 07:06:23 am »
I admit that the line of defense they are using is utterly disgusting. However, I am not convinced about the sincerity of the claim by the plaintiff. The teachers involved were dealt with in 1996 when multiple sexually abused children came forward. This case feels more like an attempt to try and extort money from the school district.

Further, unless the school district was protecting or covering up for the teachers involved they have no direct liability. The very fact that the teacher in question was sentenced to 8 years leads me to believe that they did what they were supposed to do.

Unless there is some more information about this case, I cant help but feel that someone bringing up a 16 year old case against the employers of the person responsible is fishy. Their argument as a defense is still pathetically reprehensible, there are a hundred other ways to defend themselves in this case, but blaming the victim is not one of them.

Offline erictheblue

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Re: District claims 12 year old raped by teachers was 'careless and negligent'
« Reply #3 on: November 07, 2012, 08:09:02 am »
Quote
“this is a significant case that could have serious consequences for our school district. . . . As a result, at this point in the proceedings we have an obligation not to waive any potential legal lines of defense.”

To be honest, this is the legally correct way to write an answer to a claim. Defenses can only be raised later if they are raised in the answer. For this reason, you stick EVERYTHING in the answer that you can possibly think of. This defense may never be brought up again, but it is there to use if the chance comes up. If they hadn't included it and the chance did come up, they would be barred from using it.
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Offline Material Defender

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Re: District claims 12 year old raped by teachers was 'careless and negligent'
« Reply #4 on: November 07, 2012, 01:47:17 pm »
Brain must be off. All the legalease made me just go "Sorry, what did they say?"
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Offline ironbite

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Re: District claims 12 year old raped by teachers was 'careless and negligent'
« Reply #5 on: November 07, 2012, 06:23:06 pm »
She brought it upon herself the stupid slut.

Ironbite-boiling it down.

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Re: District claims 12 year old raped by teachers was 'careless and negligent'
« Reply #6 on: November 07, 2012, 06:37:55 pm »
Brain must be off. All the legalease made me just go "Sorry, what did they say?"

"We don't want to get this pinned on us without a fight, so we're going to be using every defense in the book."
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Online Askold

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Re: District claims 12 year old raped by teachers was 'careless and negligent'
« Reply #7 on: November 08, 2012, 12:18:55 am »
Brain must be off. All the legalease made me just go "Sorry, what did they say?"

"We don't want to get this pinned on us without a fight, so we're going to be using every defense in the book."

Or atleast "We set up every defense in the book in case we get desperate enough to use them."
No matter what happens, no matter what my last words may end up being, I want everyone to claim that they were:
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Offline TheReasonator

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Re: District claims 12 year old raped by teachers was 'careless and negligent'
« Reply #8 on: November 08, 2012, 04:33:08 pm »
Brain must be off. All the legalease made me just go "Sorry, what did they say?"

"We don't want to get this pinned on us without a fight, so we're going to be using every defense in the book."

Or atleast "We set up every defense in the book in case we get desperate enough to use them."

I hope it backfires and the judge decides to reward even more damages.

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Re: District claims 12 year old raped by teachers was 'careless and negligent'
« Reply #9 on: November 10, 2012, 07:08:31 am »
Brain must be off. All the legalease made me just go "Sorry, what did they say?"

"We don't want to get this pinned on us without a fight, so we're going to be using every defense in the book."

Or atleast "We set up every defense in the book in case we get desperate enough to use them."

I hope it backfires and the judge decides to reward even more damages.

Yeah, that would be fun.

"The court has come to the decision that blah blah blah ...found guilty... etc etc etc ...sentence shall by carried out... legalese speak ...And as an afterthough as it has come to our attention that you tried to blame the kid for this you are found guilty of being "fucking out of your minds" (or whatever is the proper legal term) blah blah blah ...shame on you... extra fines of 250K and a go sit in the corner of shame for an hour... etc etc etc this session is over. Be excellent to each other. And... PARTY ON, DUDES!"
No matter what happens, no matter what my last words may end up being, I want everyone to claim that they were:
"If you strike me down, I shall become more powerful than you could possibly imagine."
Aww, you guys rock. :)  I feel the love... and the pitchforks and torches.  Tingly!