(Download) "R.W. v. Manzek" by Texas Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: R.W. v. Manzek
- Author : Texas Court of Appeals
- Release Date : January 28, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In September, 1999, L.W., the ten-year-old daughter of R.W. and C.W. (Parents) was brutally raped and beaten by Timothy S. Fleming while attempting to sell him candy as part of a school fundraiser. Parents first brought an action (the federal case) in federal district court (the district court) against the Punxsutawney Area School District and its superintendent (the School District defendants) seeking liability under 42 U.S.C. § 1983 on a "state-created danger" theory, as discussed fully herein. The district court granted the School District defendants Motion to Dismiss holding that, inter alia, as a matter of law, the harm befalling L.W. was not foreseeable by the School District defendants or fairly directly related to their conduct. Parents then brought a negligence action against Scott Manzek (Manzek), 84 Services, Cookbook Publishers, Inc. (Cookbook), and Giftco, Inc. (Giftco) (collectively, the Fundraising Entities) in state court. The state trial court granted the Fundraising Entities preliminary objections relying on the district courts analysis dismissing the federal case against the School District defendants. The Superior Court affirmed. For the reasons fully explained herein, we now reverse and remand to the trial court for further proceedings consistent herewith.
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