JOHNSON V. ELK LAKE SCHOOL DISTRICT
283 F.3d 138 (3rd Cir. 2002)
NATURE OF THE CASE: This case arises out of Johnson's (P) claim that her guidance
counselor Wayne Stevens sexually harassed and abused her while she was a high school student
in the Elk Lake School District. Part of the appeal was a dispute over the evidence under
Rule 415 related to prior sexual misconduct.
FACTS: P was a freshman in high school and she began making regular visits to Stevens's
(D) office to discuss family difficulties. P contends that shortly thereafter D began
sexually harassing and abusing her. P alleges that for the next two years D repeatedly sent
her letters, roses, cards, and other suggestive correspondence, attempted on numerous
occasions to hug and kiss her without her consent, and at one point fondled her breasts and
vagina. P sued and sought relief from both D and the Administration for the violation of her
civil rights under 42 U.S.C. SS 1983, 1985, and 1986, as well as for the commission of the
torts of conspiracy, negligence, assault and battery, and intentional infliction of
emotional distress. Many of the claims were dismissed and the District Court eventually
granted summary judgment for the Administration with respect to the remaining 1983 claim.
The claim against D went to trial. P attempted to introduce the testimony of Karen
Radwanski, a teacher's associate in the high school's restaurant training program and a
friend of D, regarding an incident in which D allegedly sexually assaulted her in the office
of another teacher. Radwanski had just walked into the office carrying lunch when D
allegedly picked her up and threw her over his shoulder. According to Radwanski, who was
wearing a skirt at the time, D's hand went up her skirt and touched her in the crotch area
while he raised her off the floor. D soon let her down to the floor and the two of them,
along with the teacher, proceeded to sit down and eat lunch together. The trial court
refused the evidence. D got the verdict. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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