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Court throws out victim’s lawsuit against a Utah school district over a teacher, 38, convicted of having sex with three teenage boys

&Tab;&Tab;<div class&equals;"wpcnt">&NewLine;&Tab;&Tab;&Tab;<div class&equals;"wpa">&NewLine;&Tab;&Tab;&Tab;&Tab;<span class&equals;"wpa-about">Advertisements<&sol;span>&NewLine;&Tab;&Tab;&Tab;&Tab;<div class&equals;"u top&lowbar;amp">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;<amp-ad width&equals;"300" height&equals;"265"&NewLine;&Tab;&Tab; type&equals;"pubmine"&NewLine;&Tab;&Tab; data-siteid&equals;"109460728"&NewLine;&Tab;&Tab; data-section&equals;"1">&NewLine;&Tab;&Tab;<&sol;amp-ad>&NewLine;&Tab;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;<&sol;div><h6><span style&equals;"color&colon; &num;120101&semi;"><strong>Utah  Court dismissed  victim&&num;8217&semi;s lawsuit against a Utah school district over a teacher convicted two years ago of having sex with three teenage boys in her school<&sol;strong><&sol;span><&sol;h6>&NewLine;<h6><span style&equals;"color&colon; &num;120101&semi;">The Court of Appeals ruled in favor of Davis County School District&comma; saying the district was immune under state law <&sol;span><&sol;h6>&NewLine;<h6><span style&equals;"color&colon; &num;120101&semi;">Complaint was filed by one of the three former student who had sex with English teacher Brianne Altice&comma; 38&comma; and led to her conviction and long jail sentence<&sol;span><&sol;h6>&NewLine;<h6><span style&equals;"color&colon; &num;120101&semi;">The plaintiff was 16 years old at the time&comma; Altice was 35<&sol;span><&sol;h6>&NewLine;<h6><span style&equals;"color&colon; &num;120101&semi;">Altice pled guilty in 2015 to felony forcible sexual abuse and was sentenced to serve up to 30 years in prison<&sol;span><&sol;h6>&NewLine;<h6><span style&equals;"color&colon; &num;120101&semi;">The then married former high school English teacher admitted to sleeping with multiple students in 2015&comma; after an initial defiant stance <&sol;span><&sol;h6>&NewLine;<div>&NewLine;<div class&equals;"artSplitter mol-img-group">&NewLine;<h6 class&equals;"imageCaption"><img class&equals;"alignnone wp-image-286229" src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2017&sol;12&sol;Brianne-Altice-9&period;png" alt&equals;"Brianne Altice 9" width&equals;"696" height&equals;"997" &sol;><strong>The Utah Court of Appeals has dismissed a lawsuit against the Davis County School District over the sexual misconduct case of ex-English teacher Brianne Altice&period; <&sol;strong><&sol;h6>&NewLine;<p class&equals;"imageCaption">The Utah Court of Appeals has dismissed a lawsuit against the Davis County School District over the sexual misconduct case of ex-English teacher Brianne Altice&period;<&sol;p>&NewLine;<&sol;div>&NewLine;<&sol;div>&NewLine;<p class&equals;"mol-para-with-font">The Utah Court of Appeals has dismissed a lawsuit filed against a local school district by a victim of a teacher convicted in 2015 of having sex with three male students&period; 38-year-old Brianne Altice is currently serving a prison stretch capped at 30 years&period;<br &sol;>&NewLine;The ruling upheld a district court&&num;8217&semi;s decision to reject the lawsuit concerning the sexual misconduct of Altice&comma; who worked as an English teacher at Davis high School&period;<&sol;p>&NewLine;<h6 class&equals;"imageCaption"><strong><img class&equals;"" src&equals;"https&colon;&sol;&sol;i2&period;wp&period;com&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2017&sol;12&sol;Brianne-Altice-15&period;png&quest;ssl&equals;1&amp&semi;w&equals;558" alt&equals;"Brianne Altice 15&period;png" width&equals;"909" height&equals;"417" &sol;>A seemingly defiant Altice in her 2013 mugsho &lbrack;right&rsqb;&comma; and &lbrack;left&rsqb; weeping in court during her January 2017 unsuccessful appeal for a shortened sentence<&sol;strong><&sol;h6>&NewLine;<p class&equals;"mol-para-with-font">Judge Ryan Harris wrote in his 21-page opinion&comma; which was released on Friday&comma; that under state law&comma; the Davis County School District was immune from suit&period;The civil suit was filed by a former student who had sex with Altice when he was 16 years old&period;<br &sol;>&NewLine;Altice pleaded guilty in 2015 to felony forcible sexual abuse and was sentenced to up to 30 years in prison&comma; but she could be released as early as 2020&period;<&sol;p>&NewLine;<div>&NewLine;<div class&equals;"artSplitter mol-img-group">&NewLine;<div class&equals;"mol-img">&NewLine;<h6 class&equals;"image-wrap fff-pic"><img class&equals;"alignnone wp-image-286237" src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2017&sol;12&sol;Brianne-Altice-1-1&period;png" alt&equals;"Brianne Altice 1" width&equals;"693" height&equals;"432" &sol;><strong>Brianne Altice was convicted in 2015 for having sex with three teen boys now says she &OpenCurlyDoubleQuote;I had extreme self-esteem issues and they said things that made me feel good about myself&comma;” – &OpenCurlyDoubleQuote;I just started to justify it all&comma; making myself believe it was OK&period;”<&sol;strong><&sol;h6>&NewLine;<&sol;div>&NewLine;<&sol;div>&NewLine;<p class&equals;"mol-para-with-font"><strong>Related articles&colon;<&sol;strong><br &sol;>&NewLine;<a href&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;2017&sol;01&sol;26&sol;ex-utah-teacher-convicted-of-having-sex-with-teen-boys-says-shes-extremely-remorseful&sol;" rel&equals;"bookmark">Ex-Utah teacher convicted of having sex with teen boys says she’s &OpenCurlyQuote;extremely remorseful’<&sol;a><&sol;p>&NewLine;<p class&equals;"mol-para-with-font"><a href&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;2016&sol;04&sol;06&sol;teacher-teaching-her-male-students-the-wrong-values-utah-teacher-who-had-sex-with-three-of-her-students-blames-their-parents-saying-they-had-strained-relationships-with-the-boys-and-defends-her&sol;" rel&equals;"bookmark">Utah teacher who had sex with three of her students blames their parents saying they had strained relationships with the boys and defends her &OpenCurlyQuote;risque’ clothing from jail<&sol;a><&sol;p>&NewLine;<p class&equals;"mol-para-with-font">The disgraced former teacher already lost an appeal for a reduced sentence which was heard in January of this year&period; Her tearful plea begging the Utah Board of Pardons and Parole for an early release was denied&period;<br &sol;>&NewLine;Altice admitted in a plea agreement that she had touched the genitals of a 16-year-old boy and two 17-year-old from January to September 2013&period; However&comma; all three teens testified that they had sexual intercourse with the teacher&period; Who had maintained a defiant responsibility in the early stages of the investigation and trial until the reality of a long&comma; hard sentence hit home&period;<br &sol;>&NewLine;Two of the victims later filed lawsuits against Altice and the Davis School District&comma; both of which have now been dismissed&period;<br &sol;>&NewLine;The lawsuits claimed that Davis High School was aware of teacher&&num;8217&semi;s predilection for inappropriate relationships the student body&period; In this case&comma; with multiple students but did not fire her and protect them&period;<br &sol;>&NewLine;One of the suits said that the running joke in the high school was&colon; &&num;8216&semi;Who is Ms Altice sleeping with now&quest;&&num;8217&semi;<&sol;p>&NewLine;<p class&equals;"mol-para-with-font"><a href&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;2017&sol;11&sol;16&sol;meet-yokasta-m-the-married-teacher-who-forced-students-to-have-sex-with-her-to-get-good-grades-at-colombian-school-faces-40-years-in-jail&sol;" rel&equals;"bookmark">Meet Yokasta M&comma; the married teacher who &OpenCurlyQuote;forced students to have SEX with her to get good grades’ at Colombian school – Faces 40 years in jail<&sol;a><&sol;p>&NewLine;<div class&equals;"artSplitter mol-img-group">&NewLine;<div class&equals;"mol-img">&NewLine;<div class&equals;"image-wrap fff-pic">&NewLine;<h6 class&equals;"overlay-icon mobile-gallery"><img class&equals;"alignnone wp-image-286235" src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2017&sol;12&sol;Brianne-Altice-3-1&period;png" alt&equals;"Brianne Altice 3" width&equals;"778" height&equals;"493" &sol;><strong>During her trial&comma; Altice &lbrack;above in January 2014&rsqb;  shot down claims in the lawsuit that she wore risqué clothing in the classroom&period; She said there were no complaints about her work attire<&sol;strong><&sol;h6>&NewLine;<&sol;div>&NewLine;<&sol;div>&NewLine;<h6 class&equals;"imageCaption"><img class&equals;"alignnone wp-image-286239" src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2017&sol;12&sol;Btianne-Altice-14&period;png" alt&equals;"Btianne Altice 14&period;png" width&equals;"1014" height&equals;"634" &sol;>Former bodacious high school teacher Brianne Altice &lbrack;left in 2014 arrest photo&rsqb;&comma; pled guilty in 2015 &lbrack;right&rsqb;&comma; to felony forcible sexual abuse and was sentenced to up to 30 years in prison<&sol;h6>&NewLine;<p>Altice was first arrested in October 2013 when the 16-year-old victim reported having a relationship with her&period; Two 17-year-olds&comma; then came forward to report their liaisons as well&period;&period;<&sol;p>&NewLine;<&sol;div>&NewLine;<p class&equals;"mol-para-with-font">The former teacher was defiant following her initial arrest&comma; claiming at the time that the boy &&num;8216&semi;wore down her defenses&&num;8217&semi; and &&num;8216&semi;ultimately broke down her resistance&&num;8217&semi;&period;<br &sol;>&NewLine;Altice&&num;8217&semi;s victim claimed the relationship began after they exchanged numbers and flirted during class&period; They ultimately started kissing and having sex&period;<br &sol;>&NewLine;Court documents state that the students often skipped class to spend their days with Altice&comma; and that she confided in them about her marital problems&period;<br &sol;>&NewLine;Altice fired back at the claims from prison with a two-page letter in which she lashed out at the <a href&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;2016&sol;04&sol;06&sol;teacher-teaching-her-male-students-the-wrong-values-utah-teacher-who-had-sex-with-three-of-her-students-blames-their-parents-saying-they-had-strained-relationships-with-the-boys-and-defends-her&sol;">parents of one of her victims<&sol;a>&period;<br &sol;>&NewLine;In the letter&comma; Altice claimed the parents had failed to attend her parent-teacher conferences and said their son often complained about his strained relationship with them&period;<br &sol;>&NewLine;She also shot down claims that she wore &&num;8216&semi;risque&&num;8217&semi; clothing in the classroom saying that there she had never received any complaints about her work attire&period;<br &sol;>&NewLine;Altice was ordered to jail at the time after it was revealed she had sex with a third victim while out on bail for her 2013 arrest&period;<br &sol;>&NewLine;Sentencing guidelines suggest Altice remain behind bars until January 2020&comma; but the ultimate decision was left to the parole board&period; To crown her down slide&comma;  her husband divorced her following her 2013 arrest and has custody of their two children&period;<&sol;p>&NewLine;<div class&equals;"artSplitter mol-img-group">&NewLine;<div class&equals;"splitLeft">&NewLine;<div class&equals;"mol-img">&NewLine;<h6 class&equals;"image-wrap fff-pic"><strong><img class&equals;"alignnone wp-image-286234" src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2017&sol;12&sol;Brianne-Altice-6-2&period;png" alt&equals;"Brianne Altice 6" width&equals;"642" height&equals;"523" &sol;>Sobbing teacher Brianne Altice admits sleeping with students&period; By  her sentencing guidelines  Altice could remain behind bars until January 2020&period;<&sol;strong><&sol;h6>&NewLine;<&sol;div>&NewLine;<&sol;div>&NewLine;<p class&equals;"imageCaption">In his ruling last week&comma; the appeals court judge said the appeals court sided with the defendant&period;<&sol;p>&NewLine;<&sol;div>&NewLine;<p class&equals;"mol-para-with-font">&OpenCurlyQuote;It might seem counter-intuitive that our law provides no civil remedy against a school district that is alleged to have negligently hired and retained a teacher who has illegal sexual contact with her minor students&period; But this conclusion is&comma; in our view&comma; compelled by the Act and by Utah Supreme Court precedent&comma;’ the decision states&period;<br &sol;>&NewLine;The lawsuit accused the district of being negligent in its hiring&comma; supervision and retention of the educator&comma; especially after reprimanding Altice&comma; according to the complaint&comma; for engaging in &OpenCurlyQuote;inappropriate contacts with students&period;’The plaintiff&comma; who was 16 years ago at the time of his tryst with Altice&comma; argued that &OpenCurlyQuote;the District knew&comma; or at least should have known&comma; that the teacher &OpenCurlyDoubleQuote;had been previously terminated from former employment due to sexual misconduct&period;”’<br &sol;>&NewLine;The school district countered that under the Governmental Immunity Act of Utah&comma; it was not responsible for any damages caused by Altice&comma; and the appeals court panel of judges agreed&period;<&sol;p>&NewLine;<&sol;div>&NewLine;

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