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Ex-Utah teacher convicted of sex with students wants lawsuit dismissed

Posted at 3:50 PM, Nov 19, 2018
and last updated 2018-11-20 18:32:09-05

SALT LAKE CITY -- An ex-teacher convicted of sexual relationships with several students has asked a federal judge to dismiss the lawsuit against her and the Davis School District.

In a handwritten motion filed from the Utah State Prison, Brianne Altice asks the judge to throw out the lawsuit filed by two of her victims. Acting has her own lawyer, Altice argues she is entitled to summary judgment because she owes no fiduciary duty to them, nor did any sexual activity occur on school grounds or during the school year.

"Ms. Altice and [the victim's] sexual intercourse was an isolated incident, and took place after said school year, and off of Davis High School campus," Altice wrote.

She deferred to the Utah Attorney General's Office, representing the Davis School District, for the remainder of her legal arguments. The district has also asked the judge to throw out the victims' lawsuit against them arguing they had no prior knowledge of any improper conduct.

Brianne Altice cries during her parole hearing on Tuesday, Jan. 24, 2017. (Image by Doug Eldredge, FOX 13 News)

Altice is serving prison time after being convicted in 2015 of forcible sex abuse. She was accused of misconduct with three students. Some of her victims have filed lawsuits against the Davis School District in state and federal court, accusing the district of negligence and turning a blind eye to problems with Altice. One lawsuit has already been dismissed by the Utah Court of Appeals.

FOX 13 is not naming the plaintiffs because they are victims of sexual abuse.

Altice was denied a parole hearing. She will be able to ask to be released again in 2019.