Search

G.H. v. Sotomayor - School Board Employees' Demurrer Affirmed

The Virginia Court of Appeals affirmed the Circuit Court of the City of Virginia Beach's judgment sustaining demurrer to G.H.'s second amended complaint. The court found the claims for gross negligence and violation of 42 U.S.C. § 1983 legally insufficient. Regarding gross negligence, the actions of bus driver assistant Avila were not reasonably foreseeable such that liability could attach to the employee defendants. Regarding the § 1983 claim, the court found the defendants were not deliberately indifferent to G.H.'s Fourteenth Amendment rights. This is a non-precedential memorandum opinion.