Teverbaugh v. Moore, No. 1-98-1204
1st District, January 10, 2000
FIRST DIVISION
| Amy Teverbaugh, a minor by her mother and next friend, Eartha Duncan, and Eartha Duncan, individually, Plaintiffs-Appellees, v. Carl Moore, Ernest Tetter, Lincoln Jr. High School, Suburban School Cooperative, and State of Illinois Board of Education, Defendants, and School District No. 148, Defendant-Appellant. | Appeal from the Circuit Court of Cook County. No. 96 L 05693 Honorable Susan Zwick, Judge Presiding |
JUSTICE TULLY delivered the opinion of the court:
In 1995, Amy Teverbaugh, a minor female, was allegedly sexually assaulted at Lincoln Jr. High School when two fellow seventh grade students, Carl Moore and Ernest Tetter grabbed her in a sexual manner. Subsequently, Amy Teverbaugh and her mother, Eartha Duncan, brought an action against Carl Moore, Ernest Tetter, the Suburban School Cooperative, the State of Illinois Board of Education, and School District #148 (School District). In count VI of their third amended complaint, plaintiffs sought to recover monetary damages against the School District on the basis that it engaged in sex discrimination by refusing to restrain Tetter and Moore from repeated acts of sexual misconduct against female students, depriving plaintiff of equal protection of the law in violation of article I, section 18, of the Constitution of the State of Illinois, 1970. Ill. Const. 1970, art. I,