A Bronx teen and her mother have sued the city over sexual abuse the 16-year-old girl was allegedly subjected to by a teacher at Herbert Lehman HS, court papers say.
Brian Kearins, 33, music teacher at Herbert H. Lehman High School was arrested in June after the victim's sister discovered emails shared between the two and showed their mother, police source said at the time.
"Defendant Kearins, while acting within the scope of employment, statutorily raped the infant plaintiff," the Bronx Supreme Court suit states, adding that, "After the defendants were aware of the aforesaid incidents, defendant Brian Kearins was allowed to remain employed with defendants."
The multimillion-dollar suit – which was filed Friday – names the city, the Department of Education and Kearins as defendants.
"At some point the Board of Ed has to accept some responsibility for these teachers' sexual activities," said the girl's attorney, Bob Vilensky.
"These things continue to happen, and it doesn't seem like the Board of Ed is doing anything to impede it."
Kearins was charged with rape and endangering the welfare of a minor.
The 10-year veteran teacher was pulled from the classroom while Education officials seek his termination, but he continues to draw his $69,720 salary.
His next court date is Jan. 15.
The city law department did not immediately return a call for comment.
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