The Superior Court holds that the defendants are immune because the plaintiff does not qualify as an identifiable victim. The plaintiff had been threatened previously by the fellow student but did not tell anyone about that. Additionally, although the school knew of a prior incident in which the student threw a pen at the plaintiff and that the two had a prior disagreement over an ipad, no one had any warning that the student would punch the plaintiff in the eye. The court further finds that even if immunity did not apply, no jury could find a breach of duty as a matter of law.
Augustin v. Martinez, (September 2, 2014)