Soper V. Hoben Cause of Term Paper

" However, since the defendants "did not have actual knowledge of the harassment until after the fact" and did everything in their power to prevent any and all future harassment by "contacting the proper authorities, investigating the incident themselves," installing "windows in the doors of special education classrooms," placing an aide in the classroom and creating special counseling sessions for all students, the court found that the defendants could not be held liable for Renee's tribulations regarding being raped, molested and harassed ("United States Court of Appeals," 2007, Internet).

RULINGS: Although the court did find that the defendants were not liable for negligence and gross negligence in this case, Circuit Judge Karen Moore dissented. In her view, even though the majority asserted "as a matter of law... that the actions of the defendants did not amount to gross negligence under Michigan law," the teacher at the center of the suit "was warned specifically about the conduct" of the three boys who allegedly raped and molested Renee Soper. Thus, Judge Moore concluded that the actions of this teacher "is a question of fact for the jury," meaning that if the boys are ever brought to trial, the teacher may be found to be partially responsible for Renee's tribulations ("United States Court of Appeals," 2007, Internet).

JUSTIFICATION: Obviously, the court's decision is justified, due to specific Michigan laws which serve as a form of blanket protection for state employees.

ANALYSIS: Above all, the plaintiffs in this case failed to demonstrate that the defendants were negligent and/or responsible for the molestation, rape and harassment of Renee Soper. Since the boys in this case were of middle-school age (10 to 12 years of age), most state laws do not allow children to be charged as adults for serious crimes. For the Sopers, their only recourse would be to file a criminal lawsuit against the boys in question or their parents/legal guardians.

References

United States Court of Appeals for the Sixth Circuit." (2007). Michigan Bar Association. Internet. Retrieved at http://www.michbar.org/opinions/us_appeals/

1999/110299/5458.html.