Davis v. Monroe County Bd. of Ed., 526 U.S. 629, 4 (1999)

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Opinion of the Court

on the part of the Board, which made no effort either to investigate or to put an end to the harassment. Pp. 653-654.

120 F. 3d 1390, reversed and remanded.

O'Connor, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined, post, p. 654.

Verna L. Williams argued the cause for petitioner. With her on the briefs were Marcia D. Greenberger, Leslie T. Annexstein, Nancy Perkins, and Stevenson Munro.

Deputy Solicitor General Underwood argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Beth S. Brinkmann, Dennis J. Dimsey, and Linda F. Thome.

W. Warren Plowden, Jr., argued the cause and filed a brief for respondents.*

Justice O'Connor delivered the opinion of the Court. Petitioner brought suit against the Monroe County Board of Education and other defendants, alleging that her fifth-grade daughter had been the victim of sexual harassment by another student in her class. Among petitioner's claims was a claim for monetary and injunctive relief under Title IX of

*Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by Sara L. Mandelbaum and Steven R. Shapiro; for the National Education Association et al. by Judith L. Lichtman and Donna R. Lenhoff; for the NOW Legal Defense and Education Fund et al. by Martha F. Davis, Julie Goldscheid, Yolanda S. Wu, David S. Ettinger, and Mary-Christine Sungaila; and for the Rutherford Institute by John W. Whitehead and Steven H. Aden.

Briefs of amici curiae urging affirmance were filed for the National School Boards Association et al. by Lisa A. Brown, Jennifer Jacobs, and Julie Underwood; and for Students for Individual Liberty et al. by James A. Moody.

Richard P. Ward and Anita K. Blair filed a brief for the Independent Women's Forum as amicus curiae.

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