B.L. v. Schuhmann, Civil Action No. 3:18-cv-151-RGJ-CHL

CourtUnited States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
Writing for the CourtRebecca Grady Jennings, District Judge United States District Court
Citation380 F.Supp.3d 614
Parties B.L., Plaintiff v. Bradley SCHUHMANN, et al., Defendants
Decision Date02 May 2019
Docket Number Civil Action No. 3:18-cv-000306-RGJ, Civil Action No. 3:18-cv-000158-RGJ,Civil Action No. 3:18-cv-151-RGJ-CHL, Civil Action No. 3:18-cv-000176-RGJ, Civil Action No. 3:18-cv-000153-RGJ,SENIOR ACTION CONSOLIDATED WITH: Civil Action No. 3:18-cv-000152-RGJ, Civil Action No. 3:18-cv-000157-RGJ

380 F.Supp.3d 614

B.L., Plaintiff
v.
Bradley SCHUHMANN, et al., Defendants

Civil Action No. 3:18-cv-151-RGJ-CHL
SENIOR ACTION CONSOLIDATED WITH: Civil Action No. 3:18-cv-000152-RGJ
Civil Action No. 3:18-cv-000153-RGJ
Civil Action No. 3:18-cv-000157-RGJ
Civil Action No. 3:18-cv-000158-RGJ
Civil Action No. 3:18-cv-000176-RGJ
Civil Action No. 3:18-cv-000306-RGJ

United States District Court, W.D. Kentucky, Louisville Division.

Signed May 2, 2019


380 F.Supp.3d 628

Lindsay A. Cordes, Tad Thomas, Thomas Law Offices, PLLC, Louisville, KY, for Plaintiff.

Adam E. Fuller, Carol S. Petitt, Vaughn Petitt Legal Group, PLLC, Pewee Valley, KY, James P. Dilbeck, Jr., Dilbeck & Myers, PLLC, Kayla M. Campbell, Kent Wicker, Nicole S. Elver, William H. Brammell, Jr., Dressman Benzinger LaVelle PSC, Bradley Robert Palmer, Edward L. Lasley, Kenneth A. Bohnert, Conliffe, Sandmann & Sullivan, Kelly M. Rowan, Lee E. Sitlinger, Sitlinger & Theiler, Darryl William Durham, James M. Gary, Weber & Rose, PSC, Annale Renneker Taylor, Lisa A. Schweickart, Matthew J. Golden, Peter Frank Ervin, Jefferson County Attorney, J. Brittany C. Carlson, Marc S. Murphy, Neil E. Barton, Robert M. Connolly, Stites & Harbison, PLLC, Louisville, KY, for Defendants.

MEMORANDUM OPINION & ORDER

Rebecca Grady Jennings, District Judge United States District Court

This matter is before the Court on forty motions filed by the Defendants Bradley Schuhmann ("Schuhmann"), Kenneth Betts ("Betts"), Curtis Flaherty ("Flaherty"), Matthew Gelhausen ("Gelhausen"), Julie Schmidt ("Schmidt"), Brandon Wood ("Wood"), Brandon Paul Paris ("Paris"), Casey Scott ("Scott"), the City of Louisville/Jefferson County/Louisville Consolidated Government ("Metro Government"), Boy Scouts of America ("BSA"), Lincoln Heritage Counsel, Inc. ("LHC"), Learning for Life ("LFL"), and Learning for Life Lincoln Chapter, Inc. ("LFLLC")1 and one motion filed by Plaintiff C.F. Briefing is complete and the motions are ripe for adjudication.

I. BACKGROUND AND JURISDICTION

This consolidated case2 arises out of the alleged sexual abuse of seven individuals participating in the Louisville Metro Police Department's ("LMPD") career education program known as the "Explorer Program." Defendants removed each case from Jefferson Circuit Court based on federal question jurisdiction, 28 U.S.C. § 1331, stemming from Plaintiffs' gender and age discrimination claims under 42 U.S.C.S. § 2000e-2(a) and 42 U.S.C.S. § 2000e-2(d), hostile educational environment and sex discrimination claims under Title IX of 20 U.S.C. § 1681(a), and constitutional claims under 42 U.S.C. § 1983. The Court has supplemental jurisdiction, 28 U.S.C. § 1367, for Plaintiffs' remaining state law claims.

A. B.L.'s Claims

B.L. alleges that in 2008 and 2009, Defendant Schuhmann, while acting as an LMPD officer and Boy Scout leader, sexually harassed and assaulted B.L., solicited sexual photographs, solicited sex, and transmitted sexual material. See B.L. v. Bradley Schuhmann, et al. , 3:18-cv-00151 ("Case 151") [DE 1-4, Sec. Am. Compl. ¶ 2]. B.L. was a minor at that time. Id. at ¶ 76.

B.L. filed suit on October 20, 2017. B.L. claims assault, sexual assault, harassment,

380 F.Supp.3d 629

and battery against Schuhmann in Count I. Id. at ¶¶ 80–87. In Counts II and III, B.L. claims vicarious liability and negligent hiring, entrustment, training, supervision, and/or retention, against Flaherty, Metro Government, and the Boy Scout Defendants. Id. at ¶¶ 88–97. B.L. asserts claims against these same Defendants, as well as Betts, Gelhausen, Wood, and Schmidt, for intentional infliction of emotional distress, negligence, fraud by omission/duty to disclose, fraudulent concealment, failure to report, and childhood sexual assault in Counts IV, V, VI, VII, VIII, and IX, respectively. Id. at ¶¶ 98–137. In Count X, B.L. brings a gender and age discrimination claim under state and federal statutes against Metro Government. Id. at ¶¶ 138–45. In Count XI, B.L. brings a claim for hostile educational environment and sex discrimination against Metro Government, and the Boy Scout Defendants.3 Id. at ¶¶ 146–52. In Count XII, B.L. brings a claim for violating 42 U.S.C. § 1983 against Metro Government, Betts, Wood, Flaherty, Schmidt, Gelhausen, and Schuhmann. Id. at ¶¶ 153–59.

Motions to dismiss were filed in B.L.'s case by Defendants Schuhmann, Betts, Flaherty, Gelhausen, Schmidt, Wood, Metro Government, and the Boy Scout Defendants. [DE 22; 12; 14; 16; 13; 10; 11; 15; respectively]. B.L. filed responses, [DE 37; 30; 31; 27; 32; 26; 29; 28], and replies were filed by Schuhmann, Betts, Flaherty, Schmidt, Wood, Metro Government, and the Boy Scout Defendants, [DE 52; 42; 45; 50; 38; 44; 43]. No reply was filed by Gelhausen.

B. A.S.'s Claims

A.S. sued on February 15, 2018, for offenses alleged to have occurred in 2010. See A.S. v. Louisville/Jefferson County Metro Government, et al. , 3:18-cv-00152 ("Case 152") [DE 1-1, Ver. Compl. ¶ 2]. A.S. claims assault, sexual assault, harassment, and battery against Betts in Count I. Id. at ¶¶ 65–72. In Counts II and III, A.S. claims vicarious liability and negligent hiring, entrustment, training, supervision, and retention, against Flaherty, Metro Government, and the Boy Scout Defendants. Id. at ¶¶ 73–82. A.S. sues these same Defendants, as well as Betts, Wood, Schmidt, and Paris, for intentional infliction of emotional distress, negligence, fraud by omission/duty to disclose, fraudulent concealment, failure to report, and childhood sexual assault in Counts IV, V, VI, VII, VIII, and IX, respectively. Id. at ¶¶ 83–122. In Count X, A.S. claims gender and age discrimination in violation of state and federal statutes against Metro Government. Id. at ¶¶ 123–30. In Count XI, A.S. brings a claim for hostile educational environment and sex discrimination against Metro Government, and the Boy Scout Defendants.4 Id. at ¶¶ 131–37. In Count XII, A.S. brings a claim for violating 42 U.S.C. § 1983 against Metro Government, Betts, and Flaherty. Id. at ¶¶ 138–44.

In A.S.'s case, motions to dismiss were filed by Defendants Betts, Flaherty, Metro Government, and the Boy Scout Defendants. [DE 63; 65; 62; 64]. A.S. filed responses, [DE 69; 70; 68; 66], and replies were filed, [DE 72; 75; 74; 66].

C. K.W.'s Claims

K.W. sued on November 15, 2017, alleging offenses in 2011 and 2013. See K.W. v. Kenneth Betts, et al. , 3:18-cv-00153 ("Case 153") [DE 1-3, First Am. Compl ¶ 2]. K.W. claims assault, sexual assault, harassment,

380 F.Supp.3d 630

and battery against Betts in Count I. Id. at ¶¶ 85–92. In Counts II and III, K.W. claims vicarious liability and negligent hiring, entrustment, training, supervision, and retention, against Flaherty, Metro Government, and the Boy Scout Defendants. Id. at ¶¶ 93–102. K.W. sues these same Defendants, as well as Betts, Wood, Schmidt, and Paris, for intentional infliction of emotional distress, negligence, fraud by omission/duty to disclose, fraudulent concealment, failure to report, and childhood sexual assault in Counts IV, V, VI, VII, VIII, and IX, respectively. Id. at ¶¶ 103–42. In Count X, K.W. brings gender and age discrimination claims under state and federal statutes against Metro Government. Id. at ¶¶ 143–50. In Count XI, K.W. claims hostile educational environment and sex discrimination against Metro Government, and the Boy Scout Defendants.5 Id. at ¶¶ 151–57. In Count XII, K.W. brings a claim for violating 42 U.S.C. § 1983 against Metro Government, Betts, Wood, Flaherty, Schmidt, and Paris. Id. at ¶¶ 158–64.

In K.W.'s case, motions to dismiss were filed by Defendants Betts, Wood, Flaherty, Schmidt, Paris, Metro Government, and the Boy Scout Defendants. [DE 81; 79; 85; 82; 83; 80; 84; respectively]. K.W. responded, [DE 92; 86; 93; 91; 89; 88; 87], and the moving Defendants replied, [DE 97; 94; 102; 101; 99; 98]. No reply was filed by Paris.

D. N.C.'s Claims

N.C. sued on March 8, 2017, alleging offenses in 2011. See N.C. v. Brandon Wood, et al. , 3:18-cv-00157 ("Case 157") [DE 1-115, Sec. Am. Compl. ¶ 2]. N.C. brings claims for assault, sexual assault, harassment, and battery against Wood in Count I. Id. at ¶¶ 69–76. In Count II, N.C. brings a claim for sexual harassment against Betts. Id. at ¶¶ 77–83. In Counts III and IV, N.C. brings claims for vicarious liability and negligent hiring, entrustment, training, supervision, and retention, against Flaherty, Metro Government, and the Boy Scout Defendants. Id. at ¶¶ 84–93. N.C. asserts claims against these same Defendants, as well as Betts and Wood, for intentional infliction of emotional distress, negligence, fraud by omission/duty to disclose, fraudulent concealment, failure to report, and childhood sexual assault in Counts V, VI, VII, VIII, IX, and X, respectively. Id. at ¶¶ 94-133. In Count XI, N.C. claims gender and age discrimination under state and federal statutes against Metro Government. Id. at ¶¶ 134–41. In Count XII, N.C. claims hostile educational environment and sex discrimination against Metro Government, and the Boy Scout Defendants.6 Id. at ¶¶ 142–48. In Count XIII, N.C. brings a claim for violating 42 U.S.C. § 1983 against...

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11 practice notes
  • Jones v. Louisville/Jefferson Cnty. Metro Gov't, CIVIL ACTION NO. 3:18-CV-00265-JRW-RSE
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • August 31, 2020
    ...and personal injury are subject to the same one-year statute of limitations. See KRS § 413.140(1)(a) ; B.L. v. Schuhmann , 380 F. Supp. 3d 614, 642 (W.D. Ky. 2019) (citations omitted); Dunn v. Felty , 226 S.W.3d 68, 70 (Ky. 2007). Actions for conversion and negligent injury to personal prop......
  • Barnes v. Uzu, 20-CV-5885 (KMK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 15, 2022
    ...govern [§] 1983 causes of action except when they are inconsistent with the federal policy underlying [§] 1983.”); B.L. v. Schuhmann, 380 F.Supp.3d 614, 645 (W.D. Ky. 2019) (“Courts adopt the tolling provisions that apply to that statute unless they are inconsistent with the federal policy ......
  • Means v. Bearden, Civil Action 3:21-cv-711-RGJ
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • September 15, 2022
    ...one-year statute of limitations also applies to her state law assault and battery claims. See KRS § 413.140(1)(a); B.L. v. Schuhmann, 380 F.Supp.3d 614, 642 (W.D. Ky. 2019) (citations omitted); Dunn v. Felty, 226 S.W.3d 68, 70 (Ky. 2007). Means contends that though the events alleged in the......
  • Lewis v. Louisville/Jefferson Cnty. Metro Gov't, CIVIL ACTION NO. 3:18-CV-00071-GNS-CHL
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • October 30, 2020
    ...Accordingly, the Court will deny the Page 7motion to dismiss as the federal claims due to equitable tolling.1 See B.L. v. Schuhmann, 380 F. Supp. 3d 614, 644 (W.D. Ky. 2019) (denying a motion to dismiss when there were issues of fact regarding the applicability of equitable tolling). 2. Sta......
  • Request a trial to view additional results
11 cases
  • Jones v. Louisville/Jefferson Cnty. Metro Gov't, CIVIL ACTION NO. 3:18-CV-00265-JRW-RSE
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • August 31, 2020
    ...and personal injury are subject to the same one-year statute of limitations. See KRS § 413.140(1)(a) ; B.L. v. Schuhmann , 380 F. Supp. 3d 614, 642 (W.D. Ky. 2019) (citations omitted); Dunn v. Felty , 226 S.W.3d 68, 70 (Ky. 2007). Actions for conversion and negligent injury to personal prop......
  • Barnes v. Uzu, 20-CV-5885 (KMK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 15, 2022
    ...govern [§] 1983 causes of action except when they are inconsistent with the federal policy underlying [§] 1983.”); B.L. v. Schuhmann, 380 F.Supp.3d 614, 645 (W.D. Ky. 2019) (“Courts adopt the tolling provisions that apply to that statute unless they are inconsistent with the federal policy ......
  • Means v. Bearden, Civil Action 3:21-cv-711-RGJ
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • September 15, 2022
    ...one-year statute of limitations also applies to her state law assault and battery claims. See KRS § 413.140(1)(a); B.L. v. Schuhmann, 380 F.Supp.3d 614, 642 (W.D. Ky. 2019) (citations omitted); Dunn v. Felty, 226 S.W.3d 68, 70 (Ky. 2007). Means contends that though the events alleged in the......
  • Lewis v. Louisville/Jefferson Cnty. Metro Gov't, CIVIL ACTION NO. 3:18-CV-00071-GNS-CHL
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • October 30, 2020
    ...Accordingly, the Court will deny the Page 7motion to dismiss as the federal claims due to equitable tolling.1 See B.L. v. Schuhmann, 380 F. Supp. 3d 614, 644 (W.D. Ky. 2019) (denying a motion to dismiss when there were issues of fact regarding the applicability of equitable tolling). 2. Sta......
  • Request a trial to view additional results

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