D.S. v. East Porter County School Corp.

Dist. Ct. did not err in granting defendant-school district’s motion for summary judgment in section 1983 action by plaintiff-middle school student alleging that defendant failed to protect her from bullying allegedly committed by plaintiff’s classmates, and that various teachers and coaches were complicit in said bullying. Due Process Clause generally does not impose duty upon state to protect individuals from harm by private actors, and record failed to show that plaintiff’s teachers/coaches either instigated, created or increased bullying that plaintiff experienced at school. Also, plaintiff failed to establish class-of-one equal protection claim against different school district’s denial of her request to enroll in said school district, where plaintiff’s “tester” who claimed that enrollment was still open (although plaintiff had been told it was closed) did not actually attempt to enroll his child in said school district.