Willey v. Bd. of Educ. of St. Mary's Cnty.

• Decision Date: 30 August 2021
• Docket Number: Case No.: PWG-20-161
• Citation: 557 F.Supp.3d 645
• Parties: Melissa and Daniel WILLEY, et al., Plaintiffs, v. BOARD OF EDUCATION OF ST. MARY'S COUNTY, et al., Defendants.
• Court: U.S. District Court — District of Maryland

557 F.Supp.3d 645

Melissa and Daniel WILLEY, et al., Plaintiffs,

v.BOARD OF EDUCATION OF ST. MARY'S COUNTY, et al., Defendants.

Case No.: PWG-20-161

United States District Court, D. Maryland, Southern Division.

Signed August 30, 2021

Lauren Monica Geisser, Lauren M. Bell, Gilman & Bedigian LLC, Timonium, MD, Alycia Stack, Kathleen McClernan-Walz, Marsha Lynette Williams, Williams, McClernan, & Stack LLC, Leonardtown, MD, for Plaintiffs.

Edmund J. O'Meally, Adam E. Konstas, Pessin Katz Law PA, Towson, MD, for Defendant Board of Education of St. Mary's County.

John F. Breads, Jr., Raymond R. Mulera, Local Government Insurance Trust, Hanover, MD, for Defendants Board of County Commissioners of St. Mary's County, Blaine Gaskill.

Adam E. Konstas, Pessin Katz Law PA, Towson, MD, for Defendants Jake Heibel, Ph.D., James Scott Smith, PH.D., Troy Kroll, F. Michael Wyant, Karin Bailey, Cathy Allen, Mary Washington, James Davis, Rita Weaver.

MEMORANDUM OPINION AND ORDER

Paul W. Grimm, United States District Judge

On March 20, 2018, Austin Rollins, a student at Great Mills High School ("GMHS") in St. Mary's County, Maryland, shot and killed a fellow student, Jaelynn Willey. Her parents, Melissa and Daniel Willey, individually, and as Personal Representative of the Estate of Jaelynn Willey ("the Estate"), bring multiple claims against Defendants: Board of Education of St. Mary's County ("Board"); Board of County Commissioners of St. Mary's County ("County"); Board individual members Karin Bailey, Cathy Allen, Mary Washington, James Davis, Rita Weaver ("Individual Board Members"); Jane/John Does 1-10 (administrators, teachers, counselors, and/or school employees); James Scott Smith, Ph.D., Superintendent of St. Mary's County Public Schools; F. Michael Wyant, Chief of Safety and Security of St. Mary's County Public Schools ("Central Office Defendants"); Jake Heibel, Ph.D., GMHS Principal; Troy Kroll, GMHS teacher and girls’ swim coach ("GMHS Defendants"); and Blaine Gaskill, Deputy Sheriff and School Resource Officer.¹ Am. Compl., ECF No. 15. Plaintiffs allege that Defendants failed to take meaningful action to protect Jaelynn and prevent her murder, and they bring claims of federal civil rights violations under 42 U.S.C. § 1983 ; violations of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681(a) ; state-law tort claims of Negligence, Premises Liability, Wrongful Death, Survival Action, and Respondeat Superior; and violations of Maryland Declaration of Rights Articles 24 and 26. Id.

Defendants move to dismiss the Plaintiffs’ claims: (1) Motion to Dismiss or, in the Alternative, for Summary Judgment by the Board of Education of St. Mary's County ("Mot. I"), ECF No. 22; (2) Motion to Dismiss by Karin Bailey, Cathy Allen, Mary Washington, James Davis, and Rita Weaver ("Individual Board Members"), and J. Scott Smith and F. Michael Wyant ("Central Office Defendants") ("Mot. II"), ECF No. 23; (3) Motion to Dismiss by Jake Heibel and Troy Kroll ("GMHS Defendants") ("Mot. III"), ECF No. 24; and (4) a letter request by Board of County Commissioners of St. Mary's County and Blaine Gaskill to join their Co-Defendants’ motions, ECF No. 32. I have reviewed the filings² and find a hearing unnecessary. See Loc. R. 105.6 (D. Md. 2021). For the reasons stated below, the Board's motion to dismiss is GRANTED IN PART and DENIED IN PART; the Individual Board Members and Central Office Defendants’ motion to dismiss is GRANTED, and the GMHS Defendants’ motion to dismiss is GRANTED. Count IV (the Title IX claim) may proceed against the Board, and Counts VI, VII, VIII, and IX (state-law tort claims) may proceed against the Board and the County.

BACKGROUND³

Jaelynn Willey and Austin Rollins both attended Great Mills High School in St. Mary's County, Maryland. Am. Compl. 4-5. Beginning in 2017, they entered a romantic relationship. Id. at ¶ 66. But Rollins began to physically and verbally pressure Jaelynn to engage in sexual activity, which she did not want; he became possessive, controlling, and manipulative, and the relationship quickly soured. Id. at ¶¶ 67-68. At school, after school, and during school events, Rollins would text Jaelynn and contact her over social media even though she repeatedly requested that he stop contacting her. Id. He also texted and harassed her friends at school. Id. at ¶ 70.

Rollins’ behavior escalated. He grabbed, pushed, and yelled at Jaelynn outside her classrooms, and stalked her on school property by following her to her vehicle after school, and by showing up after each class, and following her around the hallways. Id. at ¶¶ 71-76. He frequently harmed her physically, causing pain by grabbing and squeezing her arms and wrists. Id. at ¶¶ 71, 77. Rollins also smashed his hands against the walls to make his hands bleed. Id. And he texted Jaelynn's friends indicating that he was planning on killing himself. Id.

Jaelynn's parents advised her swim coach and teacher, Mr. Kroll, whom they trusted, that they were concerned about their daughter's well-being because of Rollins’ behavior. Id. at ¶ 80. In the mornings at school, Jaelynn and her friends would meet in Mr. Kroll's classroom, frequently discussing Rollins and his behavior. Id. at ¶ 81. Plaintiffs allege that they believe Mr. Kroll heard Jaelynn's conversations and was aware not only that Rollins was sexually harassing Jaelynn but also that Rollins was becoming increasingly violent. Id. at ¶¶ 81-82. Plaintiffs believe that Mr. Kroll followed the school's reporting policies and requirements and reported these concerns to his superiors. Id. at ¶ 83. However, no one reached out to Jaelynn to see if she needed help or advise her, and no one confronted Rollins or took any steps to stop the stalking, harassment, abuse, and violent behaviors. Id. at ¶¶ 86-90, 111-12. Plaintiffs allege that on several occasions, Rollins physically attacked a fellow student and threatened multiple students. Id. at ¶ 99.

On February 20, 2018, a month before Jaelynn was killed, GMHS had a threat of a shooter at the school. Id. at ¶ 95. Additional security was added for that day only. Id. at ¶ 96. A day before Jaelynn was killed, the school again received a threat of mass violence. Id. at ¶ 97. Plaintiffs allege that no additional security was added as a result of the threat, despite the school having available to it metal detecting wands as well as safety vestibules and surveillance cameras. Id. at ¶¶ 98, 100-103. On March 20, 2018, Blaine Gaskill, Deputy Sheriff and School Resource Officer, was present at the school but did not screen the students entering the school, even though there had been a threat the day before. Id. at ¶¶ 120-21. Incoming students were not checked for weapons, and no precautionary actions were taken regarding Rollins. Id.

On March 20, 2018, "at the beginning of the school day, Rollins entered Great Mills High School with a 9mm handgun, proceeded all the way to hallway F, and shot Jaelynn in the head outside classroom F06." Id. at ¶ 122. The bullet exited Jaelynn and hit another student in the leg. Id. at ¶ 123. Rollins then continued to walk around the school with the gun. Id. at ¶ 124. Rollins was ultimately confronted by Deputy Gaskill in Hallway D near rooms D01 and D02. Id.

Plaintiffs assert that "[t]here is a contract and a commitment that when students are mandated to attend public schools, that the school will in turn appropriately and adequately care for its most precious resources – this nation's children." Id. at 4. One of those children, Jaelynn, was harassed and murdered at her school by a fellow student. Plaintiffs allege that Defendants were aware of the risks, took no actions to prevent this loss of life, and actively increased the danger to her.

Plaintiffs assert eleven causes of action against Defendants, as follows:

• Count I – Federal Civil Rights Violations 42 U.S.C. § 1983 (Special Relationship) – against Individual Board Members, GMHS Defendants, and John/Jane Does in their individual capacities; and against Deputy Gaskill in his individual capacity and in his official capacity with the County.

• Count II – Federal Civil Rights Violations 42 U.S.C. § 1983 (State-Created Danger) – against Individual Board Members, GMHS Defendants, and John/Jane Does in their individual capacities; and against Deputy Gaskill in his individual capacity and in his official capacity with the County.

• Count III – Federal Civil Rights Violations 42 U.S.C. § 1983 (Arbitrary or Conscience-Shocking Conduct) – against Individual Board Members, GMHS Defendants, and John/Jane Does in their individual capacities; and against Deputy Gaskill in his individual capacity and in his official capacity with the County.

• Count IV – Deliberate Indifference and/or Actual Knowledge Under Title IX – by the Estate against Board of Education; Individual Board Members, GMHS Defendants, and John/Jane Does in their official capacities; and Deputy Gaskill in his official capacity with the Board.

• Count V – Failure to Train – Violation of Equal Protection Under Fourteenth Amendment – 42 U.S.C. § 1983 – against the County; Deputy Gaskill in his official capacity with the County; and John/Jane Does in their official capacities with the County.

• Count VI – Negligence – against all Defendants (Individual Board Members and Central Office Defendants in individual capacities).

• Count VII – Premises Liability – against all Defendants (Individual Board Members and Central Office Defendants in individual capacities).

• Count VIII – Wrongful Death – by Daniel Willey and Melissa Willey against all Defendants (Individual Board Members and Central Office Defendants in individual capacities).

• Count IX – Survival Action – by the Estate against all Defendants (Individual Board Members and Central Office Defendants in individual capacities).

• Count X – Respondeat Superior – against Board of Education and County.

• Count XI – Violation of Maryland Declaration of Rights Articles 24 and 26 – against all Defendants (

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