Evidence keyed to Waltz
Johnson v. Elk Lake School District
Facts
The plaintiff sued her high school counselor, Wayne Stevens (“Mr. Stevens”), claiming he sexually harassed and abused her. She alleges that over a two year period he sent her letters, roses, cards, suggestive correspondence, attempted to hug and kiss her, and fondled her. The plaintiff sued the defendants, Mr. Stevens and the Administration (the “defendants”), for violation of her civil rights and for conspiracy, negligence, assault and battery, and intentional infliction of emotional distress. Mr. Stevens moved for summary judgment on the plaintiff’s Section: 1983 claim and the state tort claims. The District Court denied his motion and the claims were tried before a jury. The jury returned a unanimous verdict in Mr. Stevens’ favor. The plaintiff alleges that the District Court erred by not declaring a mistrial when Mr. Steven’s counsel mentioned to the jury during opening statement that his client had never been arrested for any crime relating to the alleged incidents with the plaintiff. The District Court found no new trial was warranted because the District Court promptly instructed the jury to disregard the statement. During the course of the trial, the plaintiff attempted to introduce the testimony of Karen Radwanski (“Ms. Radwanski”), a teacher’s associate in the high school’s restaurant training program and a friend of the plaintiff’s. Mr. Stevens allegedly assaulted Ms. Radwanski in the office of another teacher. The plaintiff sought to introduce the testimony as evidence of the defendant’s propensity for sexual abuse. The District Court did not allow the testimony concluding that the touching incident did not qualify as an offense of sexual assault under the definition provided in F.R.E. Rule 413(d).
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