Doe v. Anderson Union High School Dist., 2022 WL 1404140 (Cal. Ct. App. 2022)

A teacher at Anderson Union High School allegedly had a sexual relationship with one of his students, which included sexual activities in the classroom. The student sued the school district, the principal and superintendent for negligent hiring and supervision. The trial court granted the school district’s motion for summary judgment, finding that there was no evidence that the district or any of the other defendants knew or should have known that the teacher posed a risk of harm to students. The Court of Appeal affirmed the dismissal on summary judgment. Further, the school district did not have a duty to review alarm data and video recordings to constantly monitor all teachers, students and campus visitors; to impose such a duty would be unreasonable. Compare Perez v. City & County of San Francisco, 75 Cal. App. 5th 826 (2022) (police officer’s failure to secure his firearm was within the scope of his employment such that the city was potentially liable for death caused by firearm after it was stolen from officer’s vehicle and used to kill plaintiff’s son).