Doe v. Montgomery Cnty. Bd. of Educ.
| Decision Date | 23 December 2021 |
| Docket Number | Civil 21-0356 PJM,21-0360 PJM |
| Court | U.S. District Court — District of Maryland |
| Parties | JOHN DOE #1, JANE DOE #1 JOHN DOE #1M, et al., Plaintiffs, v. MONTGOMERY COUNTY BOARD OF EDUCATION, et al., Defendants. |
This case arises from student-on-student assaults that allegedly occurred in a locker room at Damascus High School (“DHS”), located in Damascus, Maryland. Plaintiffs[1], student victims (“Minor-Plaintiffs”) and their parents (“Parent-Plaintiffs”) bring this civil action against Defendants Montgomery County Board of Education (“Board”) and Jeffrey Sullivan, Casey Crouse Vincent Colbert, Eric Wallich, and Joseph Doody, in their official and individual capacities (collectively “Defendants”)[2] based on their purported failure to implement appropriate supervisory policies and properly investigate claims of abuse while the Minor-Plaintiffs were members of the DHS junior varsity football team.
Plaintiffs Does #1 through 3 jointly and Plaintiffs Does #4 originally filed separate cases in Montgomery County Circuit Court, both of which were subsequently removed to this Court.
On February 16, 2021, Defendants filed a motion to consolidate the Does #1 through 3 cases (Civil No. 21-356) and the Does #4 case (Civil No. 21-360). ECF No. 12. On March 10, 2021 the Court the Court granted Defendants' motion to consolidate all Plaintiffs' cases. ECF No. 33. On February 17, 2021, Plaintiffs Does #1 through 3 filed an amended complaint, setting forth ten causes of action, ECF No. 16 (Doe #1-3 Amended Complaint). On March 10, 2021 Plaintiffs Does #4 also filed an amended complaint, setting forth the same factual allegations as Plaintiffs Does #1 through 3 and raising the same ten causes of action, ECF No. 34 (Doe #4 Amended Complaint) (together, the “Amended Complaints”).
Defendant Doody, former Athletic Director at DHS, moved to dismiss Count IV of the Amended Complaints. ECF No. 36. The other Defendants moved jointly to dismiss all counts except Count I of the Amended Complaints. ECF No. 38. After briefing on those motions concluded, the Court held oral argument on July 1, 2021. In an oral opinion rendered at the end of the argument, the Court denied the motions to dismiss as to all counts except Counts VIII through X, which are civil rights claims brought pursuant to 42 U.S.C. § 1983. The Court deferred decision on the § 1983 counts. On August 12, 2021, the Defendants moved to stay all proceedings pending the Court's ruling on the § 1983 counts. ECF No. 85. The Court now considers the § 1983 claims and the Motion to Stay. For the following reasons, the Motion to Dismiss Counts VIII through X will be GRANTED IN PART AND DENIED IN PART. The Motion to Stay will be DENIED.
According to the Amended Complaints, over several years football players at Damascus High School (“DHS”) battered, assaulted, sexually assaulted, and raped members of the junior varsity (“JV”) football team in the school's locker room as a part of a hazing ritual known as “brooming” (i.e., anally raping by forcibly inserting a pole or broom handle). See Am. Compls. Plaintiffs sue the Board and five individuals: Jeffrey Sullivan, as Director of Systemwide Athletics for Montgomery County Public Schools; Casey Crouse, as former DHS principal; Vincent Colbert, as former DHS Junior Varsity Football Coach; Eric Wallich, as former DHS Varsity Head Coach; and Joseph Doody, as former DHS Athletic Director.
Plaintiffs describe the JV football locker room used by student-athletes as totally lacking in supervision, an “unchecked breeding ground for sexual assault” by team members. They allege that, as a result of Defendants' negligent supervision and failure to adequately act on reports of abuse, Minor-Plaintiffs and other students suffered several assaults resulting in physical injuries and permanent emotional and psychological damage.
Minor-Plaintiffs include Doe #1M, a then-freshman member of the JV team, who was allegedly sexually assaulted by his teammates with a broom in August 2017, and Does #2M, 3M, 4M, three then-freshman members of the JV team, who were allegedly sexually assaulted by teammates with a broom on October 31, 2018. Plaintiffs submit that Defendants facilitated the assaults by allowing certain student-athletes to have “free reign” in the locker room, despite complaints from teachers and parents about the abusive environment that existed there. One player responsible for the October 2018 attack, known as “JCA”, was known to have a lengthy disciplinary history, which included physical assaults against teachers and students at other Montgomery County schools, causing him to be suspended from those schools based on his violent acts. Plaintiffs further aver that after the October 2018 attack, Defendants, with knowledge of the incidents, downplayed their significance, failed to investigate them fully, failed to promptly notify parents of the incidents, neglected to ensure that victims received appropriate medical attention, instructed players not to speak to investigators about the brooming tradition, and all the while continued to promote the school's nationally recognized football program.
According to Plaintiffs, prior to 2017, certain incidents of hazing took place in high school locker rooms at Montgomery County Public Schools (“MCPS”) other than DHS. Does #1-3 Am. Compl. ¶ 13.[3] Following those incidents, MCPS circulated written documentation to school administrators and coaches regarding such assaults. Id. ¶¶ 19-20. Despite this written notice, students at two different MCPS high schools (neither DHS) were subsequently assaulted in similar fashion. Id. ¶¶ 13, 16. At that point, in July 2018, Defendant Sullivan issued a memorandum to Montgomery County athletic directors and coaches, stressing the MCPS student-athlete supervision policy, which specifically addressed the matter of hazing. Id. ¶ 22. That same summer, at a meeting of MCPS athletic directors, MCPS emphasized the importance of adequate supervision of school locker rooms. Id. ¶ 23. MCPS not only sent articles regarding hazing to county athletic directors and coaches; it required mandatory anti-hazing training for those individuals. Id. ¶¶ 28-30. Defendants Doody, Wallich, and Colbert, it is said, never completed- if they even undertook at all-this required training. ¶ 32-34. Their failure to do so was allegedly well known to Defendants Crouse and Sullivan. Id.
In 2018, MCPS also issued a document entitled “A Student's Guide to Rights and Responsibilities in Montgomery County Public Schools.” Id. ¶ 35. The document stated in pertinent part: Id. The relevant regulation indicated that reports of sexual harassment could be made verbally or in writing to any staff member. Id. ¶ 36.
Damascus High School's football program has had a storied history of success, winning 11 state varsity football titles, over 15 regional titles, and over 21 divisional titles. Id. ¶ 39. In 2017 and 2018, Defendant Wallich was the head coach of the varsity football program and Defendant Colbert was the head coach of the JV football program. Id. ¶¶ 40-41.
Plaintiffs make numerous allegations of sexual abuse committed in the DHS locker room, none of which, they submit, were adequately addressed by authority figures at the school. They cite at least one incident occurring in 2016, in which “Victim 1, ” a freshman member of the JV football team, fought off sophomores who attempted to rape, sexually assault, and batter him. Id. ¶ 45. The 2017 football season purportedly brought more incidents of abuse of victims, including brooming incidents with at least six freshman victims, including Doe #1M. Id. ¶¶ 46-47. Allegedly, a report of sexual misconduct in the locker room was made directly to Defendant Crouse, then principal of DHS, by a parent, identified as F.H. Id. ¶ 48. Plaintiffs submit that all other Defendants were also notified of the claim following F.H.'s report to Defendant Crouse. Id.
Following F.H.'s direct report to Defendant Crouse, on or about August 1, 2017 Plaintiff Doe #1M was allegedly attacked inside the freshman locker room at DHS when no school personnel were present. Id. ¶ 55-60. His assailants, he claimed, slammed him against the lockers, attempted to pull his pants down, and, through his pants, poked the end of a broomstick into his buttocks and rectum. Id. By fighting back, he eventually freed himself. Id. A few days later, Doe #1M's mother, Plaintiff Jane Doe #1, phoned Defendant Colbert, the JV coach, to report the attack. Id. ¶ 65. Defendant Colbert then notified Defendant Wallich, the varsity coach, and other DHS administrators. Id. ¶ 66. The following month, Plaintiff Doe #1M was interviewed by a school resource officer and a MCPS security officer, informed them of the assault he sustained, and filled out a written report. Id. ¶ 68.
In November 2017, Defendant Crouse finally contacted the Montgomery County Special Victims Unit regarding F.H.'s report (but not Doe #1M's report), in accordance with the Board's policy requiring that MCPS personnel immediately notify the appropriate law enforcement agency of all critical incidents. Id. ¶¶ 51. A county detective soon after informed Defendant Crouse that the unit could not conduct an investigation without knowing the victim's...
To continue reading
Request your trial