Professional Documents
Culture Documents
Lawsuit Against Lake Travis School District and Softball Coach
Lawsuit Against Lake Travis School District and Softball Coach
1:19-cv-430
PREAMBLE
Plaintiff Jane was a typical high school girl attending a school owned and
operated by Defendant LTISD. Jane’s life was forever changed when her softball
coach sexually harassed Jane. After Jane reported the sexual harassment,
Defendants began an ongoing path of retaliation and bullying which still
continues, resulting in further physical harm to Jane. Defendant LTISD has
done absolutely nothing to redress the harm done, but continues to award
Defendant Coleman. This lawsuit is for damages resulting from Defendants’
violations of Plaintiff Jane’s civil rights.
A. NATURE OF SUIT
1. Plaintiff Jane files this action for relief seeking damages for the
violation of federal law and the United States Constitution pursuant to 20 U.S.C. §
1681 et. seq. (Title IX of the Education Amendments of 1972) and under 42 U.S.C.
§ 1983, as well as for equitable relief provided by the Constitution of the State of
Texas.
B. PARTIES
Travis County, Texas. Jane is a minor, and this matter is being asserted by her
parents as her Next Friend. Because of the privacy issues involved in this matter,
Jane is hereby exercising her rights to proceed with this matter anonymously.
3. The need to protect the identity of Jane (being a minor) shall not hinder
the defense of this matter, for the facts are well known to the Defendants. When
applying the balancing tests to determine the needed protection of the minor vs. the
impossible (at this time) to disclose the name of the parents of Jane.
protect the privacy of Plaintiff Jane, Jane’s identity (and the identity of Jane’s
2
PLAINTIFF’S ORIGINAL COMPLAINT
tpg 2019.04.17
Case 1:19-cv-00430-RP Document 1 Filed 04/18/19 Page 3 of 16
1:19-cv-430
(“LTISD”) is a school district formed under the laws of the State of Texas and
in Travis County, Texas. Defendant Coleman may be served with summons at his
Billy Coleman
Lake Travis High School
3324 Ranch Road 620 South
Austin, Texas 78738
as involving a federal question proceeding arising under 20 U.S.C. § 1681 et. seq.
(Title IX of the Education Amendments of 1972) (“Title IX”) and Section 1983 of
because Defendant LTISD operates its schools in Travis County, Texas. which is
within the Western District of Texas in the Federal District Courts, and, the
underlying events occurred in Travis County, Texas within the Western District of
Texas.
D. FACTUAL ALLEGATIONS
typical student attending Lake Travis High School (“School”), being a public
10. Plaintiff Jane’s parents had made specific efforts to have Jane enrolled
in the School, because they believed that Jane would obtain a good education, and,
be safe.
11. Plaintiff Jane is a bright young woman. Plaintiff Jane’s school days
13. In September 2017, however, Plaintiff Jane’s life was changed forever.
4
PLAINTIFF’S ORIGINAL COMPLAINT
tpg 2019.04.17
Case 1:19-cv-00430-RP Document 1 Filed 04/18/19 Page 5 of 16
1:19-cv-430
14. On that September day in 2017, Plaintiff Jane was attending school and
softball practice when she was sexually touched and harassed by Defendant
LTISD. However, Defendant LTISD did little other than to attempt to cover up the
Harassment.
Apparently, to certain families then attending the School, having a winning softball
program is far more important than protecting a minor female from sexual
harassment.
“Investigation.”
18. The Investigation, however, was a sham and a cover up. Defendant
LTISD has repeatedly withheld evidence that would confirm Plaintiff Jane’s
allegations.
through its superintendent and its Board of Trustees (“Board”) then returned
20. To ensure the safety of the daughter, Plaintiff Jane left Lake Travis and
enrolled into a neighboring school district, where Jane continues to play softball.
21. However, attending another school district has not stopped the
Harassment and Bullying of Plaintiff Jane by Defendant Coleman, which has now
22. Within the last two weeks of this filing, Plaintiff Jane was playing
softball for her current school, against the School’s team still being coached by
Defendant Coleman.
least one player of Defendant Coleman), the opposing pitcher intentionally struck
Plaintiff Jane at the plate with a fast pitch, causing physical injuries.
6
PLAINTIFF’S ORIGINAL COMPLAINT
tpg 2019.04.17
Case 1:19-cv-00430-RP Document 1 Filed 04/18/19 Page 7 of 16
1:19-cv-430
24. Prior to obtaining his coaching and teaching position at the School,
Defendant Coleman had taught and coached softball at Randall High School in
Amarillo.
harassing his female players was ongoing while at Randall High School.
26. Tasked with the duty of investigating teacher and coaches before prior
Coleman, and continues to employ Coleman to teach and coach at the School.
clear violation of the Code of Ethics adopted by the Teas State Board for Educator
(including the superintendent and the Board) have ever filed a complaint with
28. For the purposes hereof, the Harassment and Bullying of Plaintiff Jane;
the sham Investigation; ensuing cover up; the blatant refusal to do anything to
redress the Harassment and Bullying of Plaintiff Jane; the blatant refusal to ensure
the safety of Jane; and the employment of Defendant Coleman despite his prior
implemented under the color of law by the referenced employees and respective
agents of Defendant LTISD, including the superintendent and Board, who were
30. If such policies, practices, and procedures are not, in fact written, then
Defendant LTISD and its respective agents, including the superintendent and the
Board, were implementing the policies, practices, and procedures in accord with the
customs and practices of the policy makers of Defendant LTISD (being the Board
8
PLAINTIFF’S ORIGINAL COMPLAINT
tpg 2019.04.17
Case 1:19-cv-00430-RP Document 1 Filed 04/18/19 Page 9 of 16
1:19-cv-430
LTISD, while such persons were performing their assigned LTISD duties, as
intentionally and in bad faith, or with reckless disregard for the outcome.
so extreme and unconscionable, that such actions show the conscious indifference
34. Plaintiff Jane has suffered severe physical, emotional, and economic
harm as a result of Defendant LTISD’s Violations of Jane’s Rights, and, shall suffer
future physical, emotional, and economic harm, including actual and consequential
damages.
35. As set forth, Plaintiff Jane’s parents attempted to pursue various non-
as other rulings of the Texas Commissioner of Education has repeatedly ruled that
power, right, or duty to redress complaints and remedies under Title IX or Section
1983.
37. As a result, any asserted allegations that Plaintiff Jane must pursue any
further such Remedies prior to the institution of this matter are inapplicable and
was forced to engage an attorney and pursue this action to redress such wrongs.
39. All conditions precedent to Plaintiff Jane bringing these claims have
been met.
40. Plaintiff Jane incorporates by reference the facts set forth in the
pervasive, and objectively offensive that Plaintiff Jane has been deprived access to
10
PLAINTIFF’S ORIGINAL COMPLAINT
tpg 2019.04.17
Case 1:19-cv-00430-RP Document 1 Filed 04/18/19 Page 11 of 16
1:19-cv-430
of Title IX.
42. Defendant LTISD failed to protect Plaintiff Jane from the Violations
treatment of females (including Plaintiff Jane) and has had a disparate impact on
44. Plaintiff Jane has suffered physical, emotional, and psychological harm
consequential) pursuant to Title IX, for which Plaintiff Jane now sues.
45. Section 1983 of Title 42 of the United States Code provides, in part:
under the color of law and resulted in the violation of Plaintiff Jane’s rights under:
Violations.”
the color of law and resulted in the violation of Plaintiff Jane’s’ procedural and
substantive due process rights, and equal protection rights, afforded Jane under the
48. Plaintiff Jane has suffered physical, emotional, and psychological harm
and damages as a result of the Section 1983 violations set forth herein and
and consequential) pursuant to Section 1983, for which Plaintiff Jane now sues.
12
PLAINTIFF’S ORIGINAL COMPLAINT
tpg 2019.04.17
Case 1:19-cv-00430-RP Document 1 Filed 04/18/19 Page 13 of 16
1:19-cv-430
Defendant LTISD action are also subject to scrutiny under the protections created
the color of law and resulted in the violation of Plaintiff Jane’s’ rights under the
committed under the color of law and resulted in the violation of Plaintiff Jane’s
rights under:
Constitution.”
Jane have caused Plaintiff Jane to suffer a loss of benefits and created economic
losses.
Plaintiff Jane have caused Plaintiff Jane to suffer mental and emotional distress
and damages.
54. Although Plaintiff Jane, as a private party living in the State of Texas,
the Texas Constitution as to Plaintiff Jane, Plaintiff Jane does seek the equitable
relief to which Plaintiff Jane is entitled by Texas jurisprudence, including but not
Plaintiff Jane were pursued with malice or reckless indifference to Plaintiff Jane’s
14
PLAINTIFF’S ORIGINAL COMPLAINT
tpg 2019.04.17
Case 1:19-cv-00430-RP Document 1 Filed 04/18/19 Page 15 of 16
1:19-cv-430
Plaintiff Jane were pursued with malice or reckless indifference to the Plaintiff
pursuant to Section 1983, for which Plaintiff Jane now seeks in an aggregate
amount of $5,000,000.00.
57. Plaintiff Jane also requests post judgment interest as may be allowed
by applicable law.
59. Plaintiff Jane hereby requests that a jury be empaneled, and, that the
foregoing causes of actions and requests for relief be presented to such jury for
resolution.
LTISD be served with summons hereof, that upon final trial hereof, that judgment
be entered in favor of Plaintiff Jane for the actual, consequential, and exemplary
damages set forth herein including post judgment interest; that Plaintiff Jane be
reimbursed her reasonable and necessary attorneys’ fees required to bring this
matter; that all costs of Court be taxed against Defendant LTISD; and that Plaintiff
Jane have such further and other relief, general and special, both at law or in equity,
Respectfully submitted,
By:
Terry P Gorman, Esq.
Texas Bar No. 08218200
[email protected]
Chigozie F. Odediran, Esq.
Texas Bar No. 24098196
[email protected]
901 Mopac Expressway South, Suite 300
Austin, Texas 78746
Telephone: (512) 980-4556 (direct)
Telecopier: (512) 597-1455
COUNSEL FOR PLAINTIFF
JANE LTISD-DD DOE
16
PLAINTIFF’S ORIGINAL COMPLAINT
tpg 2019.04.17