Bozarth v. Harper Creek Board of Education

Plaintiff June Lower Bozarth, acting individually and on behalf of her minor son, appeals entry of summary judgment in favor of defendant Harper Creek Board of Education. We have carefully considered the arguments raised on appeal and find no error in the dismissal of counts I and II of plaintiffs complaint.

Plaintiffs complaint arose out of alleged homosexual assaults by a teacher, defendant Mixson, on plaintiff’s son. Count I alleged defendant school board’s negligence in the hiring and supervision of Mr. Mixson. Count II alleged the board’s vicarious liability for Mixson’s conduct under the…