Parkway Central Library, the headquarters of the Free Library of Philadelphia Foundation
HARRISBURG – Philadelphia’s library system must face a lawsuit alleging it didn’t adequately protect a 12-year-old girl who was sexually assaulted by a high-school student.
The Commonwealth Court ruled last week that a plaintiff known as S.M. in court records can sue the City and the Free Library of Philadelphia Foundation. It was the second time in weeks that the court was asked to toss a case against a public body because the alleged harm was caused by a third party.
And for the second time, the court found there’s an exception for sexual abuse that defeated the defendant’s immunity claims.
“(T)here need not be an allegation that the local agency or one of its employees committed one of the enumerated acts for the sexual abuse exception to apply,” Judge Stacy Wallace wrote.
“The sexual abuse exception applies where there is an allegation the local agency negligently enabled the sexual abuse to occur.”
S.M. in April 2019 visited the library, which separated high school students on the first floor and younger students on the second floor. Posted signs indicated this, and the library was to provide adult supervision of the children’s area.
However, S.M. was thrown to the ground by a student around 16-17 years old in an isolated section of the children’s area. She was sexually assaulted and suffered bruises, emotional distress and trauma, says a lawsuit filed by Douglas Jenkins of Jenkins Law Practice.
Philadelphia’s defense was similar to what it had argued in a case decided Dec. 26 by the same court. In that lawsuit, it was alleged a bus attendant for the School District of Philadelphia was on her phone for 22 minutes while a student was sexually assaulted in the seat behind her.
A 2025 decision by the Commonwealth Court had established public agencies can be liable for sexual abuse by third parties and are not entitled to immunity under the Tort Claims Act.
The intent of the Tort Claims Act is to hold government agencies liable for “negligently enabling sexual abuse,” the court ruled then. The June ruling was hailed by Pennsylvania’s plaintiffs lawyers, whose group had filed an amicus brief in the case.
