Missouri Court of Appeals, Western District / May 21, 2019
State ex rel. Blue Springs School District vs. The Honorable Jack R. Grate
Mary Johnson (B.Z.) sued the Blue Springs School District for discrimination in public accommodation and common law torts after alleged sexual harassment by other students. The School District sought a writ of prohibition after the circuit court denied its motion for summary judgment, arguing it was immune. The appellate court quashed its preliminary writ as to the discrimination claim, holding that school districts are "persons" under the MHRA. However, it made the preliminary writ permanent for the common law torts, concluding the School District's MOPERM policy did not waive sovereign immunity for those claims. The case was remanded with instructions to grant summary judgment for the School District on the common law tort counts.