Doe v. Indep. Sch. Dist. 31
| Decision Date | 14 August 2020 |
| Docket Number | Case No. 20-cv-226 (SRN/LIB) |
| Parties | Jane Doe 1, by and through her parents and natural guardians, Mother Doe 1 and Father Doe 1, and Jane Doe 2, by and through her parent and natural guardian, Mother Doe 2; Plaintiffs, v. Independent School District 31 d/b/a/ Bemidji Area Schools, Defendant. |
| Court | U.S. District Court — District of Minnesota |
Matthew H. Morgan, Nicole Jean Schladt, and Rebekah L Bailey, Nichols Kaster, PLLP, 80 S. 8th St., Ste 4600, Minneapolis, MN 55402, for Plaintiffs.
Jeffrey M Markowitz, and Sarah E. Bushnell, Arthur, Chapman, Kettering, Smetak & Pikala, PA, 81 S 9th St Ste 500, Minneapolis, MN 55402, for Defendant.
This matter comes before the Court on Defendant Independent School District 31 d/b/a Bemidji Area Schools' (the "District") Motion to Dismiss the Complaint ("Motion to Dismiss") [Doc. No. 8] for failure to state a claim. See Fed. R. Civ. P. 12(b)(6). Plaintiffs commenced this action against the District alleging violations of Title IX of the Education Amendments of 1972, 86 Stat. 373, as amended, 20 U.S.C. § 1681 et seq. ("Title IX"), 42 U.S.C. § 1983, the Civil Rights Act of 1871 ("§ 1983" or "Section 1983"), as well as common law negligence, negligent supervision, and negligent retention. For the reasons set forth below, the Court denies Defendant's motion.
Plaintiffs allege that Brandon Bjerknes ("Bjerknes"), the Assistant Principal at Bemidji Middle School, sexually exploited middle school students, including Plaintiffs Jane Doe 1 and Jane Doe 2 from early 2014 through March of 2017. (Compl. [Doc. No. 1-1] ¶¶ 3-4, 73-78.) Specifically, Bjerknes posed as a twelve- to fifteen-year-old underage boy, "Brett Larson," and targeted Plaintiffs and other victims on social media platforms. (Id. ¶¶ 3-4, 73-79.) For three years, he dared his victims on these platforms to send sexual photographs, watch sexual videos, and engage in sexual conversations. (Id.) It is alleged that he sexually abused more than fifty-five students during his time in leadership. (Id. ¶ 2.)
To communicate with these middle schoolers, Plaintiffs allege that Bjerknes used District-owned devices, including a "school-work phone and at least one work computer." (Id. ¶¶ 73, 78.) He obtained personal information about students by virtue of his position, "capitalizing on their vulnerabilities [to] sexually exploit" them. (Id. ¶ 4.) For instance, he would lure students into his office by offering them "candy" or a place to "charge theirphones." (Id. ¶¶ 9-10, 108-13, 229.) After convincing female students to leave their phones in his office to charge during class, he would search through their devices to learn of their "social media handles," thereby expanding his network of minors to abuse. (Id. ¶ 10.) His online communications with Bemidji students, as "Brett Larson," ultimately exceeded 15,000 pages in length. (Id. ¶ 5.) Separate and apart from these communications, it was reported to the District that Bjerknes "inappropriately grabbed [a female student's] butt" at school. (Id. ¶¶ 71, 229, 234.) It is alleged that the District learned that he inappropriately looked "down a female student's shirt." (Id. ¶¶ 71, 229, 234.) He also allegedly commented that a fifth-grade female student was "sexy." (Id. ¶¶ 71, 234.) In response to these complaints of sexual exploitation of female students, Plaintiffs allege that the District failed to take any meaningful action against Bjerknes. (Id.)
In the fall of 2016, Plaintiffs allege that Jane Doe 1's ("Doe 1") mother discovered sexually explicit content on her daughter's phone, including graphic conversations between Doe 1 and "Brett Larson." (Id. ¶ 94.) Because she believed that "Brett Larson" was sending photos of an adult penis to her daughter, and was therefore unlikely to be a child himself, she began scrutinizing his profile on the social media website, Facebook. (Id. ¶ 97.) To her horror, she observed that "Brett Larson" was "friends" on Facebook with many other minor females from Bemidji. (Id. ¶¶ 96-97.) Consequently, she contacted the Beltrami Police Department on September 8, 2016. (Id. ¶ 98.) The following day, she notified Andra Vaughn, the Bemidji Middle School Dean of Students, and Travis Zachman, the School Counselor, that she believed an adult male was victimizing District middle schoolers like her daughter. (Id. ¶ 100.) Despite her report to the school, it is alleged thatthe District did not investigate the sexual abuse in its middle school community or follow up with Doe 1's parents. (Id. ¶ 104.)
Two months later, it is alleged that Bjerknes reached out to Doe 2 on Facebook. (Id. ¶ 114.) Bjerknes sent Doe 2 photos of his adult penis and instructed her to send pictures of her vagina. (Id. ¶¶ 118-119.) Their conversations grew increasingly graphic. (Id. ¶ 120.) Bjerknes and Doe 2 communicated from November 2016 until Bjerknes's arrest in March 2017. (Id. ¶ 124.)
On September 28, 2017, Bjerknes pled guilty in federal court to one count of coercion and enticement of a minor and one count of production of child pornography. (Id. ¶ 85.) On October 4, 2017, Bjerknes pled guilty in state court to four counts of engaging in electronic communications relating to or describing sexual conduct with a child. (Id. ¶ 86.) He is now serving a 25-year sentence in federal prison. (Id. ¶ 87.)
The District, according to Plaintiffs, knew or should have known, that Bjerknes was an "unfit employee" with a "longstanding pattern of abusing or harassing female students." (Id. ¶¶ 187, 201 (b)-(c), 232.) Nonetheless, Plaintiffs allege that the District failed to investigate or ultimately terminate him. Plaintiffs accuse the District of a "systemic failure to conduct . . . proper and thorough investigations of child abuse and retaliation allegations . . ." (Id. ¶¶ 201 (b)-(c), 203.) Plaintiffs further allege that the District failed to train its personnel, students, and parents on, inter alia, the "dangers of sexual harassment, social media, [and] sexting," and failed to train teachers on how to "respond to reports of sex exploitation of its students." (Id. ¶¶ 17, 201, 203.) And, although the District represented,in its own express written policy, that it would Plaintiffs allege that the District never monitored its internet and computer devices. (Id. ¶¶ 17(c), 54, 201.) Moreover, following Bjerknes' arrest, Plaintiffs allege that the District revictimized Plaintiffs and others, failed to protect the identities of Doe 1 and Doe 2, and created a "hostile educational environment" by tolerating other students' "harassment, torment, and bullying against Plaintiffs." (Id. ¶¶ 152, 160-161, 189, 192.)
Based on these allegations, Plaintiffs assert five counts against the District. Specifically, they assert three negligence-based causes of action, one cause of action under Title IX, and one cause of action under § 1983 for violations of their Fourteenth Amendment rights to equal protection. (Counts I-V.) The thrust of the negligence-based allegations are that the District disregarded its duty to (i) properly supervise its employees; (ii) investigate reports of employee misconduct; (iii) take appropriate action against "unfit employees," including but not limited to, discharging Bjerknes; (iv) protect minor students and provide a reasonably safe learning and social experience within "the school walls and online"; and (v) implement its express written policy to monitor its students' and employees' online and device activities. (Id. ¶¶ 207-208, 221-222, 232-233, 237-239.) By failing to do so, Plaintiffs allege that they suffered injuries, including "emotional distress, fear, anxiety, [] trauma, and expenses for past and future medical and psychological care." (Id. ¶¶ 217, 230, 240.)
As to the Title IX claim (Count I), Plaintiffs' allegations are two-fold. (Id. ¶ 187.)First, Plaintiffs allege that the District effectively allowed Bjerknes to "sexually exploit[]" Plaintiffs because it acted with "deliberate indifference" when it knew or "should have known" about Bjerknes' misconduct. (Id. ¶¶ 187, 191, 193, 202.) Second, Plaintiffs allege that, after Bjerknes' arrest, the District knowingly permitted other students to harass, torment, and bully Plaintiffs, creating a hostile educational environment. (Id. ¶¶ 189, 192.) Due to the District's actions, Plaintiffs allege that they suffered injuries, including "losses of educational opportunities and benefits." (Id. ¶¶ 193, 196.)
Finally, Plaintiffs allege, under § 1983 (Count II), that the District violated their rights to equal protection under the Fourteenth Amendment, through its "policies, customs, and practices," including (1) its failure to investigate and act upon complaints of "child abuse and cyberbullying," including but not limited to, terminating Bjerknes; (2) its failure to train its employees to "identify child sexual discrimination;" (3) its failure to monitor the internet and device usage of students and employees despite express representations to the contrary; and (4) its failure to adequately address peer harassment following Bjerknes' arrest. (Id. ¶ 201.)
On January 13, 2020, Plaintiffs filed this lawsuit in Beltrami County District Court. (See Compl. [Doc. No. 1-1].) The District immediately removed the lawsuit to federal court in light of Plaintiffs' federal claims including claims under Title IX and § 1983. (See Notice of Removal [Doc. No. 1]; see also 28 U.S.C. § 1441 (...
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