Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MODUPE WILLIAMS Plaintiff, v. PENNRIDGE SCHOOL DISTRICT, DR. TOM CREEDEN, and NICHOLAS SCHOONOVER, Defendants. : : : : : : : No. 15-4163 The Honorable Mitchell S. Goldberg ANSWER WITH AFFIRMATIVE DEFENSES TO PLAINTIFF’S SECOND AMENDED COMPLAINT I. INTRODUCTION 1. Denied. Paragraph 1 contains legal conclusions to which no response is required. In the event a response is required, paragraph 1 is denied. 2. Denied. Paragraph 2 contains legal conclusions to which no response is required. In the event a response is required, paragraph 2 is denied. 3. Denied. Paragraph 3 contains legal conclusions to which no response is required. In the event a response is required, paragraph 3 is denied. II. JURISDICTION AND VENUE 4. Admitted. 5. Admitted. III. PARTIES 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part. It is specifically denied that Defendant Pennridge School District is a “subdivision of the Borough of Perkasie”. 9. Admitted. {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 2 of 17 10. Admitted in part and denied in part. It is admitted only that Defendant Tom Creeden (hereinafter “Creeden”) is an adult citizen of the United States and was the Principal of Pennridge High School at all relevant times. It is specifically denied that Defendant Creeden was “the designee of the Superintendent of Schools responsible for the final policy decisions involving complaints of student bullying, racial and sexual harassments”. The remaining averments in paragraph 10 are legal conclusions to which are denied. 11. Admitted in part and denied in part. It is admitted only that Defendant Nicholas Schoonover (hereinafter “Schoonover”) is an adult citizen of the United States. It is specifically denied that Schoonover was the “9th Grade Principal of the Pennridge High School.” On the contrary, Schoonover was the Assistant Principal at the High School At all relevant times. The remaining averments in paragraph 10 are legal conclusions to which are denied. IV. BRIEF STATEMENT OF THE FACTS 12. Admitted. 13. Denied. On the contrary, there were other self-reported African American students in the 9th grade during the 2011-2012 school year. 14. Admitted. 15. Admitted in part and denied in part. It is admitted that Plaintiff was the recipient of the “Presidential Award”. Defendants deny Plaintiff’s characterizations and mischaracterizations of the circumstances surrounding Plaintiff’s receipt of the award. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 3 of 17 remaining averments contained in paragraph 15, therefore the same are denied and strict proof demanded. 16. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 16, therefore the same are denied and strict proof demanded. 17. Admitted in part and denied in part. It is admitted that Plaintiff later reported receiving phone calls on or about April 4, 2012. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph 17, therefore the same are denied and strict proof demanded. 18. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 18, therefore the same are denied and strict proof demanded. 19. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 19, therefore the same are denied and strict proof demanded. 20. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 20, therefore the same are denied and strict proof demanded. {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 4 of 17 21. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 21, therefore the same are denied and strict proof demanded. 22. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 22, therefore the same are denied and strict proof demanded. 23. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 23, therefore the same are denied and strict proof demanded. 24. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 24, therefore the same are denied and strict proof demanded. 25. Admitted in part and denied in part. It is admitted that Plaintiff’s mother reported phone calls to Schoonover and had him listen to some of the voice messages. It is specifically denied that it was revealed that some of the calls came into Plaintiff’s phone prior to Spring Break and during school hours. By way of further answer, Plaintiff’s mother never reported any other phone calls to Schoonover. The remaining averments in paragraph 25 are denied {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 5 of 17 26. Admitted in part and denied in part. It is admitted that Plaintiff’s mother requested remedial actions be taken by Defendants. It is admitted that Defendant Schoonover said he would investigate the matter. It is specifically denied that Plaintiff’s mother advised Defendant Schoonover that “some of the phone calls and messages took place during school hours.” The remaining averments in paragraph 26 are denied. 27. Admitted in part and denied in part. It is admitted that Frankie Buccafuri, Tom Kantor and Henry Savage were arrested as a result of Plaintiff’s complaint. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph 27, therefore the same are denied and strict proof demanded. 28. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 28, therefore the same are denied and strict proof demanded. 29. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 29, therefore the same are denied and strict proof demanded. 30. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 6 of 17 averments contained in paragraph 30, therefore the same are denied and strict proof demanded. 31. Admitted in part and denied in part. It is specifically denied that any meeting took place on May 2, 2012. It is admitted only that a meeting took place on May 25, 2012, with Deborah Williams, Modupe Williams, Schoonover and Lori D’Angelo. It is further denied that Deborah Williams or Modupe Williams complained at the May 25, 2012 meeting of any retaliatory actions. It is specifically denied that Creeden ever talked to Modupe Williams about any matters pertaining to the incidents. The remaining averments in paragraph 31 are denied. 32. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 32, therefore the same are denied and strict proof demanded. By way of further answer, none of the comments alleged in paragraph 32 was ever reported to the School District by Deborah Williams or Modupe Williams 33. Admitted in part and denied in part. It is admitted that the School District did not take any actions against the students that called Plaintiff as it did not have any basis to discipline the students for events that occurred outside of school. It is specifically denied that Defendants told Plaintiff she should attend another school. It is further denied that Defendants suggested Plaintiff “consider hospitalization until she feels she could cope with the students at Pennridge.” The remaining averments in paragraph 33 are denied. {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 7 of 17 34. Denied. Paragraph 34 contains legal conclusions to which no response is required. In the event a response is required, paragraph 34 is denied. 35. Admitted in part and denied in part. It is admitted that a meeting took place on May 25, 2012, with Deborah Williams, Modupe Williams, Schoonover and Lori D’Angelo. It is specifically denied that Creeden ever talked to Modupe Williams about any matters pertaining to the incidents. It is further denied that Deborah Williams or Modupe Williams complained at the May 25, 2012 meeting of any retaliatory actions. The remaining averments in paragraph 35 are denied. 36. Denied. Defendants deny Plaintiff’s characterizations and mischaracterizations of Schoonover’s comments. The remaining averments in paragraph 36 are denied. 37. Admitted in part and denied in part. It is admitted that Plaintiff presented a written letter to Creeden on May 31, 2012 in which she made allegations of harassment. Defendants deny Plaintiff’s characterizations and mischaracterizations of the May 31, 2012 letter. By way of further answer, Exhibit A speaks for itself. 38. Denied. It is specifically denied that Defendants failed to conduct any investigation of Plaintiff’s complaints. The remaining averments in paragraph 38 are legal conclusions to which no response is required. If a response is required, the remaining averments in paragraph 38 are denied. 39. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 8 of 17 averments contained in paragraph 39, therefore the same are denied and strict proof demanded. 40. Denied. Paragraph 40 contains legal conclusions to which no response is required. In the event a response is required, paragraph 40 is denied. 41. Denied. Paragraph 41 contains legal conclusions to which no response is required. In the event a response is required, paragraph 41 is denied. 42. Denied. Paragraph 42 contains legal conclusions to which no response is required. In the event a response is required, paragraph 42 is denied. 43. Admitted in part and denied in part. It is admitted that Defendant School District has an anti-bullying policy. Defendants deny Plaintiff’s characterizations and mischaracterizations of the policy. By way of further answer, exhibits B and C speak for themselves. 44. Denied. Paragraph 44 contains legal conclusions to which no response is required. In the event a response is required, paragraph 44 is denied. 45. Denied. Paragraph 45 contains legal conclusions to which no response is required. In the event a response is required, paragraph 45 is denied. By way of further answer, Plaintiff’s parents are not parties to this action and therefore cannot obtain damages. 46. Denied. Paragraph 46 contains legal conclusions to which no response is required. In the event a response is required, paragraph 46 is denied. 47. Denied. Paragraph 47 contains legal conclusions to which no response is required. In the event a response is required, paragraph 47 is denied. By way of {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 9 of 17 further answer, it is specifically denied that Plaintiff’s mother was “compelled” to remove Plaintiff from PHS and transfer to another school. 48. Denied. Paragraph 48 contains legal conclusions to which no response is required. In the event a response is required, paragraph 48 is denied. 49. Admitted in part and denied in part. It is admitted only that Plaintiff’s mother requested Plaintiff’s transcripts be forwarded to Plaintiff’s new school. The remaining averments in paragraph 49 are denied. 50. Denied. Paragraph 50 contains legal conclusions to which no response is required. In the event a response is required, paragraph 50 is denied. 51. Denied. Paragraph 51 contains legal conclusions to which no response is required. In the event a response is required, paragraph 51 is denied. V. STATEMENT OF CLAIM COUNT ONE – Title VI –Race Discrimination Plaintiff v. Pennridge School District 52. Defendants incorporate by reference their answer to paragraphs 1 through 51, inclusive, as fully as though the same were set forth herein at length. 53. Admitted. 54. Denied. Paragraph 54 contains legal conclusions to which no response is required. In the event a response is required, paragraph 54 is denied. 55. Denied. Paragraph 55 contains legal conclusions to which no response is required. In the event a response is required, paragraph 55 is denied. {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 10 of 17 COUNT TWO – Title IX – Gender Discrimination Plaintiff v. Pennridge School District 56. Defendants incorporate by reference their answer to paragraphs 1 through 55, inclusive, as fully as though the same were set forth herein at length. 57. Denied. Paragraph 57 contains legal conclusions to which no response is required. In the event a response is required, paragraph 57 is denied. 58. Denied. required. Paragraph 58 contains legal conclusions to which no response is In the event a response is required, Title IX speaks for itself and paragraph 58 is denied. 59. Denied. required. Paragraph 59 contains legal conclusions to which no response is In the event a response is required, Title IX speaks for itself and paragraph 59 is denied. 60. Denied. Paragraph 60 contains legal conclusions to which no response is required. In the event a response is required, paragraph 60 is denied. 61. Denied. Paragraph 61 contains legal conclusions to which no response is required. In the event a response is required, paragraph 61 is denied. 62. Denied. Paragraph 62 contains legal conclusions to which no response is required. In the event a response is required, paragraph 62 is denied. 63. Admitted. 64. Denied. Paragraph 64 contains legal conclusions to which no response is required. In the event a response is required, paragraph 64 is denied. 65. Denied. Paragraph 65 contains legal conclusions to which no response is required. In the event a response is required, paragraph 65 is denied. {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 11 of 17 66. a. through d., inclusive. Denied. Paragraph 66 a. through d., inclusive contains legal conclusions to which no response is required. In the event a response is required, paragraph 62 a. through d. is denied. 67. Denied. Paragraph 67 contains legal conclusions to which no response is required. In the event a response is required, paragraph 67 is denied. 68. Denied. Paragraph 68 contains legal conclusions to which no response is required. In the event a response is required, paragraph 68 is denied. 69. Denied. Paragraph 69 contains legal conclusions to which no response is required. In the event a response is required, paragraph 69 is denied. 70. Denied. Paragraph 70 contains legal conclusions to which no response is required. In the event a response is required, paragraph 70 is denied. 71. Denied. Paragraph 71 contains legal conclusions to which no response is required. In the event a response is required, paragraph 71 is denied. 72. Denied. Paragraph 72 contains legal conclusions to which no response is required. In the event a response is required, paragraph 72 is denied. 73. Denied. Paragraph 73 contains legal conclusions to which no response is required. In the event a response is required, paragraph 73 is denied. 74. Denied. Paragraph 74 contains legal conclusions to which no response is required. In the event a response is required, paragraph 74 is denied. COUNT THREE – PHRA VIOLATIONS – RACE AND GENDER DISCRIMINATION Plaintiff v. All Defendants 75. Defendants incorporate by reference their answer to paragraphs 1 through 74, inclusive, as fully as though the same were set forth herein at length. {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 12 of 17 76. Denied. Paragraph 76 contains legal conclusions to which no response is required. In the event a response is required, paragraph 76 is denied. 77. Denied. Paragraph 77 contains legal conclusions to which no response is required. In the event a response is required, paragraph 77 is denied. 78. Denied. Paragraph 78 contains legal conclusions to which no response is required. In the event a response is required, paragraph 78 is denied. 79. Denied. Paragraph 79 contains legal conclusions to which no response is required. In the event a response is required, paragraph 79 is denied. COUNT FIVE 1 - Title VI Violation – Retaliation Plaintiff v. Pennridge School District 80. Defendants incorporate by reference their answer to paragraphs 1 through 79, inclusive, as fully as though the same were set forth herein at length. 81. By Order of August 7, 2017, the Honorable Mitchell S. Goldberg granted Defendants’ Motion to Dismiss Count Five of Plaintiffs’ complaint with prejudice. To the extent a response is required, paragraph 81 is denied. 82. By Order of August 7, 2017, the Honorable Mitchell S. Goldberg granted Defendants’ Motion to Dismiss Count Five of Plaintiffs’ complaint with prejudice. To the extent a response is required, paragraph 82 is denied. COUNT SIX – Title IX Violations – Retaliation Plaintiff v. Pennridge School District 83. Defendants incorporate by reference their answer to paragraphs 1 through 82, inclusive, as fully as though the same were set forth herein at length. 1 The Second Amended Complaint does not contain a Count 4 – it jumps from Count 3 to Count 5. {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 13 of 17 84. By Order of August 7, 2017, the Honorable Mitchell S. Goldberg granted Defendants’ Motion to Dismiss Count Five of Plaintiffs’ complaint with prejudice. To the extent a response is required, paragraph 84 is denied. 85. By Order of August 7, 2017, the Honorable Mitchell S. Goldberg granted Defendants’ Motion to Dismiss Count Five of Plaintiffs’ complaint with prejudice. To the extent a response is required, paragraph 85 is denied. COUNT SEVEN – PHRA Violations – Retaliation Plaintiff v. All Defendants 86. Defendants incorporate by reference their answer to paragraphs 1 through 85, inclusive, as fully as though the same were set forth herein at length. 87. By Order of August 7, 2017, the Honorable Mitchell S. Goldberg granted Defendants’ Motion to Dismiss Count Five of Plaintiffs’ complaint with prejudice. To the extent a response is required, paragraph 87 is denied. 88. By Order of August 7, 2017, the Honorable Mitchell S. Goldberg granted Defendants’ Motion to Dismiss Count Five of Plaintiffs’ complaint with prejudice. To the extent a response is required, paragraph 88 is denied. COUNT EIGHT – SECTION 1983 VIOLATION Plaintiff v. All Defendants 89. Defendants incorporate by reference their answer to paragraphs 1 through 88, inclusive, as fully as though the same were set forth herein at length. 90. Denied. Paragraph 90 contains legal conclusions to which no response is required. In the event a response is required, the Fourteenth Amendment speaks for itself and paragraph 90 is denied. {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 14 of 17 91. Denied. required. Paragraph 91 contains legal conclusions to which no response is In the event a response is required, the Fourteenth Amendment speaks for itself and paragraph 91 is denied. By way of further answer, By Order of August 7, 2017, the Honorable Mitchell S. Goldberg granted Defendants’ Motion to Dismiss Plaintiff’s claims relating to her right to bodily integrity. 92. Denied. Paragraph 92 contains legal conclusions to which no response is required. In the event a response is required, paragraph 92 is denied. 93. Denied. Paragraph 93 contains legal conclusions to which no response is required. In the event a response is required, paragraph 93 is denied. By way of further answer, By Order of August 7, 2017, the Honorable Mitchell S. Goldberg granted Defendants’ Motion to Dismiss Plaintiff’s claims relating to her right to bodily integrity. 94. Denied. Paragraph 94 contains legal conclusions to which no response is required. In the event a response is required, paragraph 94 is denied. 95. Denied. Paragraph 95 contains legal conclusions to which no response is required. In the event a response is required, paragraph 95 is denied. 96. Denied. Paragraph 96 contains legal conclusions to which no response is required. In the event a response is required, paragraph 96 is denied. 97. Denied. Paragraph 97 contains legal conclusions to which no response is required. In the event a response is required, paragraph 97 is denied. 98. Denied. Paragraph 98 contains legal conclusions to which no response is required. In the event a response is required, paragraph 98 is denied. {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 15 of 17 99. Denied. Paragraph 99 contains legal conclusions to which no response is required. In the event a response is required, paragraph 99 is denied. 100. By Order of August 7, 2017, the Honorable Mitchell S. Goldberg granted Defendants’ Motion to Dismiss Plaintiff’s First Amendment claim. To the extent a response is required, paragraph 100 is denied. 101. Denied. Paragraph 101 contains legal conclusions to which no response is required. In the event a response is required, paragraph 101 is denied. 102. Denied. Paragraph 102 contains legal conclusions to which no response is required. In the event a response is required, paragraph 102 is denied. 103. Denied. Paragraph 103 contains legal conclusions to which no response is required. In the event a response is required, paragraph 103 is denied. 104. Denied. Paragraph 104 contains legal conclusions to which no response is required. In the event a response is required, paragraph 104 is denied. 105. Denied. Paragraph 105 contains legal conclusions to which no response is required. In the event a response is required, paragraph 105 is denied. 106. Denied. Paragraph 106 contains legal conclusions to which no response is required. In the event a response is required, paragraph 106 is denied. VI. PRAYER FOR RELIEF A. Through B. WHEREFORE, Defendants Pennridge School District, Dr. Tom Creeden and Nicholas Schoonover respectfully requests Plaintiff’s complaint be dismissed. {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 16 of 17 AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiff fails to state a cause of action against Defendants under Title VI, Title IX, 42 U.S.C. §1983 and the PHRA. SECOND AFFIRMATIVE DEFENSE Section 1983 liability against the Pennridge School District is precluded under the Monell doctrine insofar as there is no practice, policy or custom regarding the alleged unconstitutional treatment of Plaintiff. THIRD AFFIRMATIVE DEFENSE Plaintiff is not entitled to punitive damages against individual Defendants Creeden and Schoonover. FOURTH AFFIRMATIVE DEFENSE Plaintiff is not entitled to attorneys’ fees as she is not a prevailing party. FIFTH AFFIRMATIVE DEFENSE Defendants Creeden and Schoonover are protected from liability under the doctrine of Qualified Immunity. SIXTH AFFIRMATIVE DEFENSE Any damages suffered by Plaintiff, the existence of which is denied, were not caused by Defendants and were outside Defendants’ control. SEVENTH AFFIRMATIVE DEFENSE By Order of August 7, 2017, the Honorable Mitchell S. Goldberg granted Defendants’ Motion to Dismiss Count Five, Count Six and Count Seven of Plaintiffs’ complaint with prejudice. {00433589} Case 2:15-cv-04163-MSG Document 29 Filed 08/28/17 Page 17 of 17 EIGHTH AFFIRMATIVE DEFENSE By Order of August 7, 2017, the Honorable Mitchell S. Goldberg granted Defendants’ Motion to Dismiss Plaintiff’s First Amendment claims and claims relating to her right to bodily integrity NINTH AFFIRMATIVE DEFENSE Defendants were without legal authority to address actions that were taken outside of school. TENTH AFFIRMATIVE DEFENSE Actions outside school environment cannot constitute the basis for hostile educational environment. WHEREFORE, Defendants Pennridge School District, Dr. Thomas Creeden and Nicholas Schoonover respectfully requests that this Honorable Court enter judgment against Plaintiffs and enter judgment in favor of Defendants. King, Spry, Herman, Freund & Faul, LLC /s/ John E. Freund, III John E. Freund, III, Esquire jef@kingspry.com One West Broad Street, Suite 700 Bethlehem PA 18018 Attorney for Defendants {00433589} Case 2:15-cv-04163-MSG Document 29-1 Filed 08/28/17 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MODUPE WILLIAMS Plaintiff, v. PENNRIDGE SCHOOL DISTRICT, DR. TOM CREEDEN, and NICHOLAS SCHOONOVER, Defendants. : : : : : : : No. 15-4163 The Honorable Mitchell S. Goldberg CERTIFICATE OF SERVICE The undersigned, John E. Freund, attorney for Defendants hereby certifies that a true and correct copy of the foregoing document has been electronically filed and is available for viewing and downloading from the ECF system in accordance with the local Federal Rules of Civil Procedure and has been served upon the following counsel of record on this day, August 28, 2017: Olugbenga O. Abiona, Esquire 1433 South 4th Street, First Floor Philadelphia PA 19147 oluesq@aol.com Attorney for Plaintiff Adaku Onyeka-Crawford, Esquire aocrawford@nwlc.org Neen Chaudhry, Esquire nchaudhry@nwlc.com National Women’s Law Center 11 Dupon Circle, NW Suite 800 Washington DC 20036 DATE: August 28, 2017 {00248028} BY: /s/ John E. Freund, III John E. Freund, III, Esquire