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Judge Drops Two Counts Against School District in Sex Abuse

The district must still defend itself against allegations including negligent retention and supervision

By Associated Press

BILLINGS — A Montana judge has dropped two counts in a complaint filed against an eastern Montana school district for failing to stop an athletic trainer from sexually abusing as many as 100 boys under the guise of improving their athletic performance.

The Billings Gazette reports District Judge Nickolas Murnion ruled Monday the Miles City school district couldn’t be held vicariously liable for James “Doc” Jensen’s actions. Murnion dismissed another complaint, saying Montana law in the late 1990s did not require the district to report alleged abuse by school employees to the state health department.

The district must still defend itself against allegations including negligent retention and supervision of Jensen and failure to protect students.

The statute of limitations has expired and Jensen does not face criminal charges for the alleged abuse. He has pleaded guilty to a federal enticement charge.