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Crawford student/ex-lover sues district over teacher-sex case

San Diego Unified had "a special duty of care, in addition to a duty of ordinary care..."

The 16-year-old boy and his legal guardian Loretta Sinette accuse the district of negligence in hiring former 37-year-old former Spanish teacher and volleyball coach Toni Sutton. The suit also faults the district for failing to train and supervise Sutton. As for Sutton, the complaint accuses her of sexual harassment and "intentional infliction of emotional distress."

Toni Sutton

The alleged affair began in 2015 and lasted approximately six months. Sutton was arrested in February 2016 on 11 felony counts, one of which included sex with a minor. Sutton pleaded not guilty to all counts.

During the arraignment hearing, details of the alleged affair came to light. The two had sex, according to prosecutors, on numerous occasions inside Sutton's classroom, in her car, as well as at the mid-city home she shared with her boyfriend and his sons from a previous relationship.

Six months after the relationship began, the boy's parents found ilicit text messages on their son's phone. One of those text messages, obtained by the Reader, occurred on January 12, 2016. The boy wrote to Sutton, "I like the way U suck my dick."

Sutton responded, "stop," later writing, "damn it, you know I'm horny."

The student's parents immediately contacted the police.

Sutton was arrested and was released on bail. Her criminal trial is set for June 2016.

According to the lawsuit, filed in San Diego County Superior Court, blame should be directed toward the school district for failing to protect its students.

"...[M]anaging agents and school administrators, had a duty to protect the [student] when he was entrusted to their care by [his] parents. [The boy's] care, welfare, and/or physical custody was temporarily entrusted to [San Diego Unified and Sutton] and [they] voluntarily accepted the entrusted care of [him]. As such, [they] owed Plaintiff, a minor child, a special duty of care, in addition to a duty of ordinary care, and owed Plaintiff the higher duty of care that adults dealing with children owe to protect them from harm."

Due to the relationship, and its aftermath, attorneys for the boy say the district and Sutton should pay for the "great pain of mind and body, shock, emotional distress...embarrassment, and loss of self-esteem,” among other harms.

A hearing for the civil case is scheduled for December 9 with judge Joel Pressman.

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The 16-year-old boy and his legal guardian Loretta Sinette accuse the district of negligence in hiring former 37-year-old former Spanish teacher and volleyball coach Toni Sutton. The suit also faults the district for failing to train and supervise Sutton. As for Sutton, the complaint accuses her of sexual harassment and "intentional infliction of emotional distress."

Toni Sutton

The alleged affair began in 2015 and lasted approximately six months. Sutton was arrested in February 2016 on 11 felony counts, one of which included sex with a minor. Sutton pleaded not guilty to all counts.

During the arraignment hearing, details of the alleged affair came to light. The two had sex, according to prosecutors, on numerous occasions inside Sutton's classroom, in her car, as well as at the mid-city home she shared with her boyfriend and his sons from a previous relationship.

Six months after the relationship began, the boy's parents found ilicit text messages on their son's phone. One of those text messages, obtained by the Reader, occurred on January 12, 2016. The boy wrote to Sutton, "I like the way U suck my dick."

Sutton responded, "stop," later writing, "damn it, you know I'm horny."

The student's parents immediately contacted the police.

Sutton was arrested and was released on bail. Her criminal trial is set for June 2016.

According to the lawsuit, filed in San Diego County Superior Court, blame should be directed toward the school district for failing to protect its students.

"...[M]anaging agents and school administrators, had a duty to protect the [student] when he was entrusted to their care by [his] parents. [The boy's] care, welfare, and/or physical custody was temporarily entrusted to [San Diego Unified and Sutton] and [they] voluntarily accepted the entrusted care of [him]. As such, [they] owed Plaintiff, a minor child, a special duty of care, in addition to a duty of ordinary care, and owed Plaintiff the higher duty of care that adults dealing with children owe to protect them from harm."

Due to the relationship, and its aftermath, attorneys for the boy say the district and Sutton should pay for the "great pain of mind and body, shock, emotional distress...embarrassment, and loss of self-esteem,” among other harms.

A hearing for the civil case is scheduled for December 9 with judge Joel Pressman.

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