ST. LOUIS- A federal appeals court has sided with the Omaha Public Schools in a lawsuit filed by the family of a young woman who was sexually assaulted by her middle school teacher. The young woman, who attended Davis Middle School starting in 2013, was sexually assaulted by teacher Brian Robeson outside of school, in Robeson’s classroom during lunch, in a computer lab and in a school bathroom. When police interviewed her about what was happening, she was 14 and Robeson was 35. Robeson pleaded guilty to first-degree sexual assault. In 2016, he was sentenced to 40 years in prison.

In her ruling in November 2019, U.S. District Judge Laurie Smith Camp said the family had to prove that the principal and OPS had “actual notice” that the girl was being assaulted and chose to not remedy the situation. In other words, they had to know that the sexual abuse was happening and do nothing. The family, Smith Camp said, failed to present any evidence that the principal had actual notice of the abuse. On Wednesday, a three-judge panel of the 8th U.S. Circuit Court of Appeals affirmed the lower court’s ruling.

In an interview, Anna’s mother said the family was “devastated” by the court opinion.

The family’s next legal option would be to take the case to the U.S. Supreme Court. Dave Domina, the family’s attorney, said they are reviewing their options. He said the case contains issues that might be of interest to the court. “The odds are always against you,” Domina said of getting a case before the country’s highest court. “That’s why you look at the issue; you don’t look at the odds.”

For more on this article click HERE