K.H. v. Dixon

Summary

The Court held that the plaintiff’s complaint plausibly stated a constitutional claim against the school board for deliberate indifference to conduct that impaired her equal access to a sound basic education. The alleged assault, followed by the plaintiff’s suspension and involuntary transfer to an alternative school, could support a finding that the Board responded unreasonably and caused educational consequences, while sovereign immunity left no adequate alternative remedy against the Board. The Court also held that the interlocutory appeal was immediately reviewable because the claims remaining against the teacher created a risk of inconsistent verdicts.