Doe v. Durtschi

Interpreting the allegations of plaintiffs’ complaint as stating a cause of action for negligence, the majority, in Part II, fails to recognize that the essence of plaintiffs’ cause of action “arises out of” an assault and battery, and thus the school district is exempt under the Idaho Tort Claims Act (ITCA). It is beyond dispute that Durts-chi’s lewd and unconsented touching of the minor plaintiffs constituted a battery. Nevertheless, the majority concludes that plaintiffs’ cause of action “arises out of” or has its roots in negligence, rather than arising out of a battery. This conclusion…