Jane Doe v. Maury Cnty. Bd. of Educ.
| Decision Date | 30 October 2018 |
| Docket Number | Case No. 1:18-cv-00006 |
| Parties | JANE DOE, a minor child, by and through her next friend, ANTHONY EDWARD THOMAS, Plaintiffs, v. MAURY COUNTY BOARD OF EDUCATION, and TAD ERIC CUMMINS, Defendants. |
| Court | United States District Courts. 6th Circuit. United States District Court of Middle District of Tennessee |
MEMORANDUM
Pending before the court is a Motion for Leave to File First Amended Complaint (Docket No. 26), filed by the plaintiff, Jane Doe by and through her next friend, Anthony Edward Thomas, to which one of the defendants, Maury County Board of Education ("MCBE"), has filed a Response (Docket No. 29). For the reasons discussed herein, Doe's motion will be granted in part.
Doe is a minor child residing in Maury County, Tennessee. Thomas is Doe's father. MCBE is a public school board organized under the laws of Tennessee. Previously homeschooled, Doe and several of her siblings enrolled at Culleoka Unit School ("CUS") in the fall of 2015. Thomas obtained sole legal custody of his children, including Doe, shortly before their enrollment at CUS. The change in custody occurred after serious allegations arose that the children, and in particular Doe, had been physically abused by their mother. MCBE was aware of these allegations and shared them with teachers and administration at CUS.
When Doe enrolled, Cummins had taught high school health science at CUS since 2011. He was known as a friendly and informal teacher. Many CUS students sought out Cummins' class, which had little structure. Students regularly used the class as a gathering spot, and Cummins acted as a counselor to some students. Cummins' reputation for informality with students, including the lack of emphasis on academics, was known to CUS administration.
Doe met Cummins in her first semester at CUS. She was fourteen years old at that time. The following semester, she was assigned to his class. Cummins, aware of Doe's background of domestic abuse, counseled her. Doe was again assigned to Cummins' class the following semester. Cummins instructed Doe to sit next to his desk during class. He encouraged Doe to eat her lunch with him in his classroom. Cummins had an open class period during the school day, during which he had Doe visit him. He allowed her to nap on a hospital bed located in his classroom.2 Doe also regularly left other classes with teacher permission for counseling sessions with Cummins. His and Doe's unique arrangement was generally known to CUS students, teachers and administrators.
At one point during the fall 2016 semester, Cummins told Doe he wanted to see her naked. He invited her into a closet in his classroom, where he touched her inappropriately. By mid-semester, he was regularly kissing and fondling her during school hours. He eventually convinced her to perform oral sex on him, which occurred regularly until mid-January 2017.
Doe confessed to Cummins that she felt depressed and needed professional help, which Cummins dissuaded her from seeking. Meanwhile, the developing relationship between Cummins and Doe was apparent to other CUS students and teachers. Teachers with nearby classrooms noticed the inordinate amount of time Doe spent in Cummins' classroom. One student complainedto CUS administration and asked to be removed from Cummins' class, due to discomfort with Cummins' and Doe's relationship.
On January 23, 2017, a seventh-grade student witnessed Doe being kissed by Cummins in his classroom. The student was understandably troubled and, accompanied the following day by two other students, confronted Cummins about his relationship with Doe. Cummins claimed that he was a father figure to Doe and considered her a close friend. The student reported the incident to CUS administration. CUS initiated an investigation. Neither of Doe's parents nor law enforcement were informed of the kissing incident or subsequent investigation. Doe was not removed from Cummins' class during the investigation. No students with knowledge of Cummins' and Doe's unique relationship were interviewed.
Despite the ongoing investigation, on January 27, 2017, Cummins chaperoned a field trip facilitated by the school and attended by Doe. During the field trip, Cummins propositioned Doe for sex and she refused, afraid of being discovered by other students. Days after the field trip, CUS Principal Penny Love issued a directive to both Cummins and Doe that they have no contact with one another. As word of the kissing incident spread, Doe endured ridicule from students and teachers, many of whom saw Cummins as a victim. Some CUS employees thought Cummins had been falsely accused or that Doe had instigated the incident and, therefore, was at fault.
On January 30, 2017, Maury County Schools completed its investigation and found that it could not confirm that the kissing incident occurred. The investigation report recommended that Doe be removed from Cummins' classroom. It further recommended that Doe be instructed to seek guidance from school administrators for any anxiety issues she was having. Cummins was to be reprimanded, and his classroom was to be monitored to ensure he was not hosting students outside of class.
Thomas learned of the kissing incident the following day from an investigator with the Maury County Sheriff's Department. On February 1, 2017, Thomas contacted CUS to seek information and express his extreme concern. On February 3, 2017, Principal Love issued two reprimands to Cummins: one for non-professional conduct in allowing a student to spend an excessive amount of time in his classroom, and another for insubordination in allowing Doe in his classroom contrary to Principal Love's directive. Unsatisfied by CUS's response, Thomas hired a lawyer. On February 6, 2017, Thomas's counsel sent a letter to MCBE, demanding that further action be taken to protect Doe from Cummins. That same day, MCBE suspended Cummins pending a second investigation.
Despite his suspension, Cummins continued to speak with Doe on the phone and by text message. Some students and teachers blamed Doe for Cummins' suspension, resulting in more ridicule levied at Doe. MCBE issued a directive to CUS faculty that there be no discussion about the kissing incident. Citing this directive, some CUS teachers refused to speak with or counsel Doe in response to the ridicule she received. Doe became isolated and felt unwelcome at CUS. She sought comfort from Cummins. The two continued to communicate and have contact over the following weeks and, on March 13, 2017, they absconded. Their whereabouts remained unknown for weeks, sparking an Amber Alert and a nationwide manhunt. On April 20, 2017, Doe was found with Cummins in California.
On January 19, 2018, Doe brought suit against MCBE for violations of 20 U.S.C. § 1681, et seq. (Title IX), and against Cummins under 42 U.S.C. § 1983. On September 18, 2018, Doe filed a motion for leave to file an amended complaint. She seeks to add a claim against MCBE under § 1983 based on MCBE's failure to prevent Cummins' actions. The proposed new claim reads as follows:
(Docket No. 26-1.) In addition, Doe seeks to make a stylistic amendment for continuity purposes, replacing all references to MCBE in her Complaint—such as "the Board" or "Maury County Schools" —with the acronym "MCBE."
Federal Rule of Civil Procedure 15(a) governs amending pleadings before trial. A party may amend a pleading once as a matter of course within (a) twenty-one days after serving it, or (b) if the pleading is one to which a responsive pleading is required, twenty-one days after service of a responsive pleading or twenty-one days after service of a motion under Rule 12(b), (e) or (f), whichever is earlier. Fed. R. Civ. P. 15(a)(1). In all other cases, a party may only amend a pleading by obtaining the opposing party's written consent or receiving leave of the court. Fed. R. Civ. P. 15(a)(2). Where it is requested, "[t]he court should freely give leave when justice so requires." Id....
To continue reading
Request your trial