Torts: Sexual Assault-Sovereign Immunity

Relator sought a writ of mandamus ordering respondent to vacate the denial of relator’s motion to dismiss a sexual abuse lawsuit based on relator’s assertion of sovereign immunity. The plaintiff in the underlying lawsuit alleged she was sexually assaulted in a stairwell in relator’s school by a fellow classmate, claiming that the lack of surveillance cameras in the stairwell was known to school officials and constituted a dangerous condition. Relator argued that it was entitled to sovereign immunity because the dangerous condition exception did not apply as plaintiff was injured by a third party’s criminal act, not the condition of the property.

Where plaintiff’s allegations sounded more in a failure to supervise her alleged assailant, such a claim sounded in ordinary negligence that was precluded by sovereign immunity.

Permanent writ in mandamus issued.

State ex rel. Springfield R-XII School District v. Christensen (MLW No. 82788/Case No. SD38624 – 6 pages) (Missouri Court of Appeals, Southern District, Per curiam) Original proceeding in mandamus. (Natalie Ann Hoernschmeyer, St. Louis for relator) (Anna Pace, Joplin for respondent)