To succeed on a claim that school officials were deliberately indifferent to racial harassment in violation of the Equal Protection Clause and 42 U.S.C. §1983, the plaintiff was required to prove that the child in question was in fact harassed by other students based on race, that the defendant had actual knowledge of the harassment and the defendant's response was, as stated in the 1999 2nd Circuit case of Gant ex rel. Gant v. Wallingford Board of Education, "clearly unreasonable in light of the known circumstances."
Karlen v. Landon
U.S. Court of Appeals for the 2nd Circuit
December 17, 2012