Court dismisses part of ‘rock, paper, scissors’ rape lawsuit

NEWARK, N.J. – A court has dismissed part of a lawsuit filed by a former college student who alleges that she was raped at a fraternity party by students who played the game “rock, paper scissors” to decide who would assault her first.

The 3rd U.S. Circuit Court of Appeals held in a ruling published Monday that Ramapo College and its officials are immune in their official capacity from being sued on the grounds of creating a dangerous environment.

The court held that a claim that individual officials displayed deliberate indifference can go forward.

Five people were charged and two sentenced to prison after the alleged 2014 attack at the Mahwah, New Jersey-based school. The unidentified woman said she was assaulted at a fraternity member’s campus apartment, driven across campus and assaulted again.