It should shock the conscience if a school principal’s extreme dereliction of
duty predictably results in the sexual abuse of a five-year-old girl by a
suspected pedophile on the faculty.
The members of the panel today unanimously agree with the district court
that, if the allegations in this case are proven at trial, April Jewell was
indeed deliberately indifferent to keeping a sexual predator on her school’s
faculty. To put it simply, Jewell ignored an obvious risk of serious harm to a
student in her care.
When told that a grown man was caught lying under a blanket with a
young girl, Jewell reprimanded the staff member who spoke up. When
informed that there were photos showing additional inappropriate
behavior, Jewell scolded the classroom aide who took the photos and
refused to look at them. When concerns grew, she brushed them off,
telling her subordinates that “we can’t be picky” about who we entrust to
care for young children. And she declined to report any of this to the
child’s parents.
This is a shocking betrayal of public trust in school administrators.
If a disappointing hit to a company’s bottom line can shock the
conscience, then surely so too can a principal who is willfully blind as a
child’s innocence is destroyed at the hands of a pedophile.
Jane Doe was a pre-K student when her long-term substitute teacher sexually abused her at Lorena Primary School in Lorena, Texas. The plaintiffs claim that Principal April Jewell ignored school employees’ concerns and reports that Nicolas Crenshaw was engaging in sexually inappropriate misconduct with Jane, including his lying under a cover with her at nap time. Crenshaw eventually pleaded guilty to multiple criminal counts relating to his abuse of Jane and another young student. The Doe family brought Title IX and Section 1983 claims against the school district, and Section 1983 claims against Principal Jewell.
Jewell contended she was entitled to qualified immunity. The Fifth Circuit disagreed. The circuit court affirmed the Texas district court’s denial of qualified immunity and recognized a Section 1983 claim based on a “shocks-the-conscience” theory of liability. Monica handled all briefing and oral arguments in front of the Fifth Circuit.
The Fifth Circuit Court’s opinion, issued on August 25, 2025, stated:
The case remains pending in the U.S. District Court for the Western District of Texas. The Doe family is represented by Monica and co-counsel Jeff Green.
I live in Traverse City with my family and feel grateful to call this place home. I also love traveling throughout the country to represent my clients. When I'm not at work, I'm usually trail running, playing with our sweet rescue pup, or spending hours in local bookstores.
I believe in clear communication, mutual respect, and showing up with integrity