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Child Pornography and Educational Sexual Harassment Matters

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By FindLaw Staff on April 27, 2010 4:15 PM

In US v. Paige, No. 09-13067, the Eleventh Circuit affirmed defendant's conviction for permitting his minor child to engage in sexually explicit conduct for the purpose of producing child pornography, holding that 1) there was nothing irrational about Congress's conclusion that failure to regulate the intrastate production of child pornography, by punishing parents who permitted their minor children to participate in the production of child pornography, would undermine its regulation of the interstate child pornography market; 2) the cameras used to produce, and the memory card used to store, the images of child pornography had traveled in interstate commerce; and 3) defendant's separation of powers argument was foreclosed by binding precedent.

Doe v. Sch. Bd. of Broward Cty., Fla., No. 09-10394, concerned an action under 42 U.S.C. section 1983 and Title IX by a child alleging that she was the victim of sexual harassment by her math teacher.  The court of appeals affirmed summary judgment for defendant in part, holding that the school officials named as defendants were not "officials fairly deemed to represent government policy" under the Eleventh Circuit's standard for section 1983 municipal liability.  However, the Eleventh Circuit as to the Title IX claim is reversed in part on the ground that a reasonable jury could conclude that the School Board responded with deliberate indifference to actual notice of sexual harassment.

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