Shong-Ching Tong v. Assured Thrift & Loan Ass'n

How later courts describe this case

• holding that school children have a liberty interest iii their bodily integrity that is protected by the due process clause of the Fourteenth Amendment and that sexual abuse by a school employee violates that right
• holding that school children have a liberty interest in their bodily integrity that is protected by the due process clause of the Fourteenth Amendment and that sexual abuse by a school employee violates that right
• explaining that gross negligence is a heightened degree of negligence
• Constitution protects schoolchildren from state-occasioned physical sexual abuse and physical discipline that is arbitrary, capricious, or wholly unrelated to legitimate state interests
• no Title IX liability where despite separating elementary-age girls after a sexual assault a later sexual incident occurred
• § 1983 claim lies for substantive due process violation under "special relationship" exception to DeShaney when school official acts with deliberate indifference to students' rights
• Higginbotham, J., concur-ringXteacher’s official interactions with student and his sexual activity with her constituted an “indivisible, ongoing relationship” even though a significant amount of the sexual misconduct occurred after hours and off school grounds
• where a municipality’s inaction demonstrates deliberate indifference towards the rights of an individual, the municipality commits an act of omission; its failure to act rises to the level of a conscious or deliberate choice