Court denies request for retrial in LISD Title IX suit, plaintiff to appeal

U.S. Courthouse in Sherman, TX (Photo by Steve Southwell)

A jury found Lewisville ISD not liable for retaliation in a federal Title IX lawsuit in March. The judge in that case has now denied the plaintiff’s motion for a new trial.

A young woman brought the suit against LISD in 2014 when she said the district did not do enough to protect her from bullying and retaliation after an alleged off–campus rape by fellow students.

The Lewisville Texan Journal is not using the plaintiff’s name because of the nature of the case and her age at the time of the assault.

Plaintiff’s attorney Charla Aldous requested the retrial on the grounds that one of the claims — that LISD was deliberately indifferent in its handling — was improperly dismissed prior to trial, and the jury should have been allowed to consider it

Judge Ron Clark issued an order denying the motion June 20.

On July 7, Dallas attorney Matthew J. Kita filed a notice of appeal with the trial court.
An appellate brief is expected to be filed this fall with the U.S. Court of Appeals for the Fifth Circuit, where court records show that Kita has argued more than 30 cases.

Federal appeals can take many months before a decision is rendered. According to the most recent statistics available from the federal courts, the median time from notice through disposition is 7.7 months.

Judge denies LISD motion for costs in Title IX case


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