State wants lawsuit over Brianne Altice teacher sex case tossed

Posted at 2:59 PM, May 26, 2015
and last updated 2015-05-26 17:07:05-04

FARMINGTON, Utah — The Utah Attorney General’s Office is asking a judge to dismiss a lawsuit filed by teen who claims he was sexually abused by a former teacher.

In a filing in 2nd District Court and obtained by FOX 13, the attorney general’s office insists the Davis School District is immune from the lawsuit over former Davis High School teacher Brianne Altice, citing laws protecting governmental entities.

The teen, whom FOX 13 is not naming because he is a sex abuse victim, alleges he was “psychologically injured” as a result of Altice’s conduct.

“Assuming this to be true, there is undoubtedly some causal relationship between Plaintiffs’ injuries and Altice’s assault and battery upon (the teen). At the very least, Plaintiffs’ injuries arose out of (the teen’s) status as a sexual battery victim,” assistant Utah Attorney General Joel Ferre wrote.

“Plaintiffs’ attempt to characterize the cause of action as negligent hiring, negligent supervision, negligent retention, failure to provide a safe environment, failure to prevent assault, or any other number of theories does not change the fact that the injury arises out of, is in connection with, or results from the assault and battery. However traumatic this experience may have been for (the teen), the District is not liable for its impact.”

The teen is seeking $300,000 in damages from the District and Altice. She pleaded guilty earlier this year to forcible sexual abuse. The former Davis High School teacher is accused of having sex with three teenage boys who attended the school.

Altice was scheduled to be sentenced on Thursday. It has since been postponed with a new sentencing date not set yet.