Judge rules on Northeast rape lawsuit | Crime
A federal judge says the mother of a girl allegedly raped at Northeast High School cannot sue Bibb County schools for damages.
However, the lawsuit filed on behalf of the girl herself will go forward in federal court.
The lawsuit says Bibb school officials tried to expel the 16-year-old special-needs student who was gang raped in a boys room.
The suit claims that the district did not discipline the youths who assaulted her.
The suit was filed in November 2012 in U.S. District Court in Macon on behalf of the student -- identified only as Jane Doe II -- and her mother, listed as Jane Doe I.
It concerns an alleged rape at Northeast High School in Macon on Jan. 19, 2011.
The lawsuit criticizes the school districts' policies at the time of the rape, saying Bibb schools failed to properly train teachers in safety, did not react to sexual harassment in the schools and failed to properly discipline students.
Macon police initially charged seven Northeast High School students with rape, then dropped charges several weeks later.
Police said the alleged victim admitted falsifying the report that she was raped.
She was charged as a juvenile with falsely reporting a crime and making false statements to law enforcement.
At a news conference in 2011, Macon police said the girl had sex with several students in a restroom, but it was consensual.
But her lawsuit said the girl had a history of mental and emotional disorders and had a mental age of 9 at the time of the rape.
The suit does not name the girl or her mother -- who are simply identified as Jane Doe II and Jane Doe I.
The mother and daughter were both asking for damages by claiming they were denied due process...as guaranteed by the 14th amendment.
The school district asked Judge Marc Treadwell to throw out their claims on that count. And last week he agreed.
The alleged victim's mother claimed damages under Federal Title IX, which prohibits discrimination in schools.
But the school district argued that she had no authority to make that claim, and the judge also agreed.
That means the mother cannot claim damages for emotional distress or lost income due to the alleged rape.
We could not reach the school district's lawyers or Jerry Lumley, the family's attorney, for comment.
No trial date has been set.