Jane Doe A. v. Green
| Decision Date | 02 January 2004 |
| Docket Number | No. CV-S-02-0055-LRH-PAL.,CV-S-02-0055-LRH-PAL. |
| Citation | 298 F.Supp.2d 1025 |
| Parties | JANE DOE A, individually; John Doe, individually and as guardian for Jane Doe B, a minor, Plaintiffs, v. Jeremy GREEN, individually; Andre Denson, individually, J. Barkley, individually; Warran Hagman, individually; Clark County School District; Does I through X, and Roe Corporations I through X, inclusive, Defendant. |
| Court | U.S. District Court — District of Nevada |
Julie Sanpei, Marc Cook, Cook & Kelesis, Las Vegas, NV, for Plaintiffs/Counter Defendant.
Vincent Consul, Dickerson, Dickerson, Consul & Pocker, Judith Kohl, Beckley, Singleton, Chtd., Las Vegas, NV, for Defendant.
Presently before the Court is the Motion for Summary Judgment (Docket No. 72) filed by Defendants Clark County School District, Andre Denson ("Dr.Denson"), J. Barkley ("Ms.Barkley"), and Warran Hagman ("Mr.Hagman"). Plaintiffs filed an opposition (Docket No. 76) on April 8, 2003, to which Defendants subsequently replied (Docket No. 84). Oral argument was heard by the Court on December 9, 2003.
This action is brought by minor Plaintiff Doe B (hereinafter "Doe") and her parents, John Doe and Jane Doe A ("Doe's parents") and arises out of the sexual seduction and molestation of Doe by a Clark County, Nevada public school teacher and sports coach. Plaintiffs' remaining claims include a cause of action brought pursuant to Title IX of the Educational Amendments of 1972, 20 U.S.C.A. § 1681(a), and various negligence claims. Defendants Clark County School District, Andre Denson, J. Barkley, and Warran Hagman move for summary judgment, arguing that Plaintiffs have failed to demonstrate the existence of any genuine issue of material fact to be tried, and that they are therefore entitled to judgment as a matter of law. Fed.R.Civ.P. 56.
In considering Defendants' motion for summary judgment, the Court views the facts in the light most favorable to the non-moving party. Rose v. Wells Fargo & Co., 902 F.2d 1417, 1420 (9th Cir.1990). Plaintiff Jane Doe was a fourteen year-old ninth grade student during the 2000-2001 academic school year. She attended Mojave High School ("Mojave"), which was owned and operated by Defendant Clark County School District ("District"). Doe had a reputation for being a good student and was an active member of Mojave's soccer team, which was coached by head coach Kelly Michaels and Defendant Jeremy Green (hereinafter "Green"). As well as being the assistant soccer coach, Green was also a special education teacher at Mojave.
On Tuesday, November 21, 2000, Doe approached her health teacher, Cara Gresh, to confide in her about concerns she had regarding Green. Ms. Gresh immediately reported Doe's concerns to Mojave's Principal, Defendant Andre Denson ("Dr.Denson"). Ms. Gresh reported to Dr. Denson that Doe felt uncomfortable because of the way Green looked at her and what he said to her; that Green had asked Doe if she had a boyfriend; and that Green had called Doe at her home.
In response to the report by Ms. Gresh, Dr. Denson and an Assistant Principal, Defendant Ms. J Barkley ("Ms.Barkley"), met with Doe to discuss her concerns. During this conversation, Doe denied having ever stated that she felt uncomfortable around Green, and asked Dr. Denson if Green was in trouble. Dr. Denson continued to interview Doe, during which time she was asked if she and Green had ever had sex, ever kissed, or ever touched each other inappropriately. Doe stated that they had not. During this conversation, Doe continued to ask if Green was in trouble, or if what she said was going to get him into trouble. Doe did admit to Dr. Denson that Green had called her at her home, that he had paged the numbers "69" into Doe's beeper, and that he had told her about having a relationship with a former student. Whether during this meeting or at some other point, the record indicates it was also brought to Dr. Denson's attention that Doe had reported being told by Green that his relationship with this former student had been sexual, and that she had been fourteen years old at the time. Despite Doe's few admissions, Doe continued to deny that Green made her uncomfortable.
Plaintiffs allege that at some point on the same day as the meeting between Doe and Dr. Denson, Doe also expressed concern to one of Mojave's faculty, this time the head soccer coach, Ms. Michaels. According to the record, Doe told Ms. Michaels that she was afraid Green was going to make her do something that she did not want to do. She also said that she felt uncomfortable around Green because she felt that he liked her as more than a friend, and she felt that he was pursuing her sexually. In addition to mentioning the conversation in which Green told her about having intercourse with a former student, Doe reported to Ms. Michaels that Green had asked Doe what boys were interested in her. He had stated that he asked this because he needed to know who his competition was. Doe also told Ms. Michaels that at one point Green had proposed a bet with her which would require her to kiss him as a penalty if she lost. Ms. Michaels then brought Doe's concerns to Dr. Denson. However, the record reflects that Dr. Denson's conversation with Ms. Michaels was very brief, and that he did not give her an opportunity to discuss what allegations had been made by Doe. Rather, he told Ms. Michaels that the problem had already been taken care of. At some point after his meeting with Doe, Dr. Denson then met with Green. Green admitted he had behaved inappropriately toward Doe in placing a phone call to Doe directly at her home. Green also admitted to discussing a relationship with a former student. Dr. Denson counseled Green to remain professional at all times and not communicate personal feelings to students. He also informed Green that he would ask the school's athletic director, Defendant Warren Hagman ("Mr.Hagman"), to meet with Green.
At some point, Doe's parents were alerted to the concerns that Doe had discussed with her teachers. The record reflects that Doe told her parents that Green had been making sexual innuendos in conversations with her, had been "touchy" with her, and had been inviting her to after-school activities. She informed them that Green also invited her into his personal vehicle to get a soft drink. During the brief car ride, Green brushed his hands against her bare knee and thigh.
Plaintiffs allege that Doe's father then met with Dr. Denson to discuss this information. During their conversation, Dr. Denson told Doe's father that he would monitor the situation and take care of the problem. Plaintiffs allege that Doe's father was told there would be an investigation, and Green would be given a letter of reprimand or counseling, and possibly suspended.
Per Dr. Denson's request, the athletics director, Mr. Hagman, eventually held a meeting with Green and Ms. Michaels. However, Plaintiffs allege that Mr. Hagman did not receive adequate information from Dr. Denson regarding the nature of the complaints against Green or the inappropriate conduct to which Green admitted. During the meeting, Mr. Hagman reviewed appropriate boundaries that the coaches were to keep with their student athletes. He then reduced this meeting to a memorandum form and distributed the memorandum to both coaches.
Neither Dr. Denson or Ms. Barkley referred the matter to officials, child and family services, or any police or sheriff's department. Plaintiffs allege that no attempts were made to monitor Green's behavior toward Doe on campus and that Dr. Denson never followed-up with Doe or visited with her again to see if she continued to have inappropriate interactions with Green.
Despite Doe's concerns, she continued to consider Green her "friend." Apparently, after the November 21st meetings with Dr. Denson, Doe and Green agreed that they would limit their interaction at school during the next couple weeks, to avoid arousing any suspicion. Then, on December 2, 2000, during a potluck social held at Ms. Michaels' house for the soccer team and their parents, Doe and Green secretly kissed for the first time. They told no one about this kiss, and there were no witnesses.
Following the December 2nd kiss, Doe was in frequent contact with Green. She typically met Green for approximately ten minutes prior to school each day, as well as after school, between classes, and before and after soccer practice. During meetings between classes, Doe and Green would exchange letters kept in a notebook. Plaintiffs allege that Doe was also pulled out of her classes by a campus monitor, Adam Siqueiros ("Mr.Siqueiros"), at Green's request. During their time together on school grounds, Doe and Green engaged in kissing and fondling behind Green's locked classroom door. Doe and Green also began meeting off campus. At some point, Doe began to sneak out of her house in the middle of the night to meet with Green. Their relationship became sexual.
The record indicates that Doe's soccer coach, Ms. Michaels, was aware of the constant meetings between Doe and Green during school hours, and was concerned that those meetings were inappropriate. However, because she never caught them doing anything overtly wrong, and because Doe continued to tell Ms. Michaels, when questioned, that nothing was "going on," Ms. Michaels did not communicate her concerns or observations to the administration. Though the school had video cameras mounted in its hallways, no effort was made to use these devices to monitor Green.
On January 31, 2001, Doe's sister, who was also a soccer player, reported to Ms. Michaels that Green was massaging Doe's thigh, which had apparently been injured during a practice. Ms. Michaels approached Mrs. Gibson, an Assistant Principal, and told her of this. At this point she also described Green and Doe's frequent meetings.
Then, on February 2, 2001, the campus monitor, Mr. Siqueiros, came to Ms. Michaels'...
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