Case 1:18-cv-00343 Document 1 Filed 08/02/18 Page 1 of 27

UNITED STATES FEDERAL DISTRICT COURT
SOUTHERN DISTRICT OF ALABAMA
)
RODNEY K. SR., MARY K., MARY K.
)
GUARDIAN AD LITEM FOR R. K. JR,
)
MINOR; STACY S. T. AND G. T. B.,
)
MINOR, BY HIS GUARDIAN AD LITEM )
STACY S. T.; KENNESHA Q. AND COLBY )
)
Q., AND J. C., MINOR, BY HIS
)
GUARDIAN AD LITEM KENNESHA Q.
)
)
Plaintiffs,
)
)
vs.
)
MOBILE COUNTY BOARD OF
)
EDUCATION; DOUGLAS HARWELL JR., )
)
In His Official and Individual Capacity–
DISTRICT I; DON STRINGFELLOW, In )
)
His Official and Individual Capacity –
)
DISTRICT II;
)
REGINALD CRENSHAW, In His Official )
)
and Individual Capacity – DISTRICT III;
)
ROBERT BATTLES , In His Official and
)
Individual Capacity – DISTRICT IV;
)
WILLIAM FOSTER, In His Official and
)
)
Individual Capacity – DISTRICT V;
SUPERINTENDENT MARTHA L. PEEK, )
)
In Her Official and Individual Capacity;
)
PRINCIPAL LEWIS COPELAND, In His )
Official and Individual Capacity; COACHES )
FRED RILEY, In His Official and Individual )
Capacity ; BOBBY J. POPE, In His Official )
)
and Individual Capacity; ROBERT MILLER, )
In His Official and Individual Capacity;
)
KELLY EUBANKS, In His Official and
)
)
Individual Capacity; and DOES 1-100,
)
)
Defendants.
)
)
)
)

1

Case No. 18-343
COMPLAINT FOR DAMAGES
FEDERAL CLAIMS
1. Violation Of Title IX Civil Rights
(42 U.S.C. § 1983)
2. Violation of Fourth Amendment of
U.S. Constitution-Seizure
3. Fourteenth Amendment of U.S.
Constitution--Liberty Interest Civil
Rights (42 U.S.C. § 1983)
4. Monel Claim Against Mobile County
Board Of Education (42 U.S.C. 1983)
STATE CLAIMS
5. Violations of Alabama Code Title 16.
Education § 16-1-23 “Anti-Hazing”
Law
6. Assault;
7. Battery;
8. False Imprisonment;
9. Intentional Infliction of Emotional
Distress;
10. Negligence Per Se-Violation of AntiHazing Law;
11. Negligent Infliction of Emotional
Distress;
12. Premises Liability;
13. Negligent Training, Hiring, Retention,
And Supervision;
14. Violation of Education Code Safety
Laws- Section 16-1-24.1
In Loco Parentis
15. Respondeat Superior Liability of
Mobile County Public School System
16. DECLARATORY AND INJUNCTIVE
RELIEF
17. PUNITIVE DAMAGES
JURY TRIAL DEMANDED

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INTRODUCTION
1.

PLAINTIFFS bring this COMPLAINT to vindicate their constitutional, statutory

and common law rights.
2.

PLAINTIFFS allege that DEFENDANT COACH FRED RILEY is the Director of

the Athletic Department and the head football coach at Davidson High School, a division of the
MOBILE COUNTY PUBLIC SCHOOL DISTRICT and is at all times, an employee of
Davidson High School and the MOBILE COUNTY PUBLIC SCHOOL DISTRICT.
3.

On April 27, 2018, during the 2018-2019 football season, DEFENDANT

COACH FRED RILEY was present, knew, should have known, and witnessed, and a video
recording shows, 10-15 of his football players savagely beating, hitting, kicking, jumping on top
of Plaintiff R. K. JR., Minor, 9th Grade Freshman football player. DEFENDANT COACH FRED
RILEY failed to stop the beating of freshman R. K. JR. DEFENDANT COACH FRED RILEY
intentional, negligent, conscious and deliberate disregard of the health, safety, and constitutional
rights of Plaintiffs caused R. K. JR. to suffer severe, permanent, life-long physical and psychic
injuries, including a broken arm, Post Traumatic Disorder, and brain injury.
4.

On MARCH 29, 2018, DEFENDANT COACH FRED RILEY was present, knew,

should have known, and witnessed, and a video tape recording shows, 5-6 boys of
DEFENDANT COACH FRED RILEY’S football players attacking 17 year old J. C., Minor, and
hitting him with fists, beating him with belts, striking him in the stomach, lungs, back, chasing
him and jumping upon him with full body weight, dragging him 10-15 feet across a concrete
sidewalk, and picking him up in the air 5-6 feet of the ground and body slamming him to the
ground on the school campus adjacent to the school football locker room, control.
DEFENDANT COACH FRED RILEY failed to stop the beating of freshman 17 year old J. C.
DEFENDANT COACH FRED RILEY intentional, negligent, conscious and deliberate disregard
of the health, safety, and constitutional rights of Plaintiffs caused 17 year old J. C to suffer
severe, permanent, life-long physical and psychic injuries, including Post Traumatic Disorder,
and brain injury.
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5.

During the football season of 2016-2017, DEFENDANT COACH FRED RILEY

was present, knew, should have known, and witnessed a group of 5-7 of his older football
players beating, hitting, striking, punching, hurting G. T. B, Minor, a freshman, and new to the
football team (similarly to the beating shown on the video tape of R. K. JR.). Coach Fred Riley
walked out of his office and stood for a few minutes, observed the beating of G.T.B. and said:
“Dumb Asses, break it up.” Coach Riley then walked back into his adjacent office and allowed
the beating to continue. DEFENDANT COACH FRED RILEY intentional, negligent, conscious
and deliberate disregard of the health, safety, and constitutional rights of Plaintiffs caused G. T.
B. to suffer severe, permanent, life-long physical and psychic injuries, including Post Traumatic
Disorder.
6.

During the football spring practice of 2018, DEFENDANT COACH FRED

RILEY was present, knew, should have known, and witnessed a group of 5-7 of his older
football players engaging in fierce fist-fighting in the football locker room, adjacent to the open
door of DEFENDANT COACH FRED RILEY’S office, with the light shining on his office desk
On this occasion. DEFENDANT COACH FRED RILEY failed to supervise, stop violent
“Hazing”, “Rough Housing” and assaultive conduct among his football players.
7.

During the football season of Dec 12, 2017, DEFENDANT COACH FRED

RILEY was present, knew, should have known, and witnessed a group of 5-7 of his older
football players beating, hitting, striking, punching, and picking up and carrying a younger
student 10-20 feet and lifting the student up in the air and throwing the student in a thicket of
hedge bushes. On this occasion, DEFENDANT COACH FRED RILEY failed to supervise, stop
violent “Hazing”, “Rough Housing” and assaultive conduct among his football players.
8.

On at least four (4) additional occasions during the 2016-2017 football season,

DEFENDANT COACH FRED RILEY knew, should have known, witnessed and was present
when his football players “Dog-Piled” young players resulting in injuries and DEFENDANT
COACH FRED RILEY failed to supervise, stop violent “Hazing”, “Rough Housing” and
assaultive conduct among his football players.
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9.

Coach Riley’s football players, dating back to 2005 until the present, state that

Defendant Riley permitted, encouraged, and allowed “Hazing” to flourish in the locker room.
“Every year from 2005-2007, when I played football for Coach Riley, the same type of beatings
that happened to Rodney Kim Jr. happened all the time, but not to the extent where players
sustained broken arms. Every year, Coach Riley would stand, with his arms crossed over his
chest and watch the beatings, saying nothing. He would go back in his office inside the locker
room and allow this “horse play” he called it, to continue.” Recently, Players confirmed that
from 2014-2018 Defendant Riley engaged in the same behavior of displaying an “I don’t care
what you do, just win football games” attitude toward his football players.
10.

Defendants Mobile School Board and Coach Riley have engaged in a pattern,

practice and policy of inaction, failure to discipline, failure to supervise and failure to control
student football players. The Board has engaged in a pattern, practice and policy of inaction,
failure to discipline, failure to supervise and failure to control Coach Riley. This pattern, practice
and policy of inaction has directly and proximately caused the deprivation of constitutional rights
of Parents to make decisions for the health, safety and education of their children, and the
deprivation of the constitutional rights of the students to be safe and free from violence in the
educational environment.
11.

Defendants, and each of them, have violated the Alabama Education Code of

Ethics by failure to provide appropriate supervision of students, falsifying, misrepresenting,
omitting and erroneously reporting information regarding the evaluation of students and
endorsing, encouraging and permitting acts of child abuse, both physical and verbal abuse by
failing to control and supervise Defendant Coach Riley’s football players. Defendants, and each
of them, have fostered, nurtured and promoted a culture of violence, causing students to leave
Davidson High School and seeking their education elsewhere.
12.

Defendants, and each of them, have violated Alabama Education Code and

violated the written agreement and authorization by the Plaintiff parents providing:

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“In case of an emergency, I allow school officials to: Administer any treatment
deemed necessary by physician (Paramedics are called in the event of a health
emergency) If hospitalization is considered necessary, to which hospital should
the student be taken? U.S.A.”
13.

Defendants, and each of them, failed to provide appropriate treatment to R. K. JR,

leaving him sitting on the street curb, with a broken arm suffered during the violent vicious
attack by Coach Riley’s football players. R. K. JR was forced to wait for over an hour until his
father could drive from the Mississippi State Boarder to pick him up and seek medical treatment.
In violation of the parents’ written authorization, Defendants negligently failed to determine if
hospitalization was necessary for both R. K JR and J. C., and failed to take these students to a
hospital for an evaluation after sustained, unabated, repeated beatings by gangs of DEFENDANT
COACH RILEY’S football players.
14.

On August 1, 2018, five (5) of nine (10) of DEFENDANT COACH RILEY’S

football players entered guilty pleas, admitting assault and battery conduct against Plaintiff R. K.
JR.. On August 3, 2018 a sixth football player of DEFENDANT COACH RILEY will enter a
guilty plea; and three (3) DEFENDANT COACH RILEY’S football players will stand trial or
enter guilty pleas in October 2018. A tenth football player has fled the jurisdiction.
JURISDICTION AND VENUE
15.

Plaintiffs bring this action pursuant to the laws of the State of Alabama and 42

U.S.C. § 1983. Jurisdiction is invoked pursuant to 28 U.S.C. § 1331 and 1343 based upon the
violations of Plaintiffs’ rights under the United States Constitution. Supplemental jurisdiction
over Plaintiffs’ state law claims is pursuant to 28 U.S.C. § 1367(a).
16.

Venue is proper in this district under 28 U.S.C. §1391(b) because a substantial

part of the events giving rise to Plaintiffs’ injuries, damages, and harm, including the violation of
Plaintiffs’ civil rights, occurred in this judicial district. Further, one or more of the Defendants
reside, are headquartered and conduct business in this judicial district.
17.

Defendants are subject to suit in this county and judicial district and are public

entities that regularly employ 15 or more persons. Defendant Mobile Board of Education
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conducts business and is a government agency operating under the color of state authority in this
judicial district.
18.

Plaintiffs allege upon information or belief that Defendants DOUGLAS

HARWELL JR., DON STRINGFELLOW, REGINALD CRENSHAW, ROBERT BATTLES;
WILLIAM FOSTER, MARTHA L. PEEK, PRINCIPAL LEWIS COPELAND,; COACHES
FRED RILEY, BOBBY J. POPE, ROBERT MILLER, KELLY EUBANKS, and DOES 1-100,
are all employees and managing agents of Defendant MOBILE COUNTY BOARD OF
EDUCATION.
PARTIES
19.

PLAINTIFF RODNEY K. SR. is at all times relevant herein a citizen of the

United States and a resident of Mobile, Alabama.
20.

PLAINTIFF MARY K. is at all times relevant herein a citizen of the United

States and a resident of Mobile, Alabama.
21.

PLAINTIFF R. K. JR, MINOR, BY MARY K. GUARDIAN AD LITEM, is at all

times relevant herein a citizen of the United States and a resident of Mobile, Alabama.
22.

PLAINTIFF G. T. B., MINOR, BY HIS GUARDIAN AD LITEM STACY T. S.

is at all times relevant herein a citizen of the United States and a resident of Mobile, Alabama.
23.

PLAINTIFF STACY S. T. is at all times relevant herein a citizen of the United

States and a resident of Mobile, Alabama.
24.

PLAINTIFF KENNESHA Q. is at all times relevant herein a citizen of the United

States and a resident of Mobile, Alabama.
25.

PLAINTIFF COLBY Q. is at all times relevant herein a citizen of the United

States and a resident of Mobile, Alabama.
26.

PLAINTIFF J. C. MINOR, is at all times relevant herein a citizen of the United

States and a resident of Mobile, Alabama.
27.

DEFENDANT DOUGLAS HARWELL JR. is a citizen of Mobile, Alabama and

is employed by DEFENDANT MOBILE BOARD OF EDUCATION
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28.

DEFENDANT REGINALD CRENSHAW is a citizen of Mobile, Alabama and is

employed by DEFENDANT MOBILE BOARD OF EDUCATION
29.

DEFENDANT ROBERT BATTLES. is a citizen of Mobile, Alabama and is

employed by DEFENDANT MOBILE BOARD OF EDUCATION
30.

DEFENDANT WILLIAM FOSTER is a citizen of Mobile, Alabama and is

employed by DEFENDANT MOBILE BOARD OF EDUCATION
31.

DEFENDANT SUPERINTENDENT MARTHA L. PEEK is a citizen of Mobile,

Alabama and is employed by DEFENDANT MOBILE BOARD OF EDUCATION
32.

DEFENDANT PRINCIPAL LEWIS COPELAND, is a citizen of Mobile,

Alabama and is employed by Davison High School.
33.

DEFENDANT COACH FRED RILEY, is a citizen of Mobile, Alabama and is

employed by Davison High School.
34.

DEFENDANT COACH BOBBY J. POPE, is a citizen of Mobile, Alabama and is

employed by Davison High School.
35.

DEFENDANT COACH MILLER, is a citizen of Mobile, Alabama and is

employed by Davison High School.
36.

DEFENDANT COACH EUBANKS, is a citizen of Mobile, Alabama and is

employed by Davison High School.
DOE DEFENDANTS
37.

Plaintiffs do not know the true names and capacities, whether individual,

corporate, associate, or otherwise of DEFENDANT Does 1 through 200 inclusive, and therefore
sue these Defendants by such fictitious names. Plaintiffs will amend their complaint to allege
their true names and capacities when this has been ascertained.
RESPONDEAT SUPERIOR LIABILITY OF
MOBILE COUNTY PUBLIC SCHOOL SYSTEM
38.

All of the described conduct, acts, and failures to act are attributed to agents,

representatives and employees under the direction and control, and with the permission, consent
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and authorization of DEFENDANTS. Said acts, conduct and failures to act were within the
scope of such agency and employment. At all times relevant herein, each participant was acting
within the course and scope of his or her employment. DEFENDANT MOBILE COUNTY
BOARD OF EDUCATION, AND EACH BOARD MEMBER is liable for the acts and failures
to act of DEFENDANT COACH FRED RILEY, and for the acts and failures to act of each of
their CO-DEFENNDANTS as each DEFENDANT herein acted or failed to act with knowledge,
consent and agreement of each the other DEFENDANTS.
DEFENDANT MOBIL COUNTY BOARD RATIFICATION, ADOPTION AND
AUTHORIZATION OF CONDUCT
39.

DEFENDANT COACH RILEY AND MOBILE BOARD OF EDUCATION

knew, or should have known, that DEFENDANT COACH RILEY has a propensity and
proclivity for ignoring assaultive behavior between students and that DEFENDANT COACH
RILEY’S football players had a propensity and proclivity for violence, including fighting,
striking, and “Hazing” other students. DEFENDANTS BOARD AND RILEY have witnessed
DEFENDANT COACH RILEY’S football players engaged in violent assaultive behavior since
2005, and DEFENDANT BOARD AND DEFENDANT COACH RILEY have willfully,
intentionally, and with a conscious deliberate disregard of the health, safety and constructional
rights of students, failed to provide any protective, remedial or corrective action to protect
students, parents, including Plaintiffs herein.
40.

It is well established that when an employer or a public entity such as a public

school board ratifies the tortious conduct of an employee, or those under the control of the public
entity or school board, the school board becomes liable for the employee's wrongful conduct as a
joint participant. An employer who fails to discipline an employee after being informed of that
employee's improper conduct can be deemed to have ratified that conduct. If an employer is
informed that an employee has committed an intentional tort and nevertheless declines to
censure, criticize, suspend or discharge that employee, a claim can be made for ratification.
41.

Ratification is the voluntary election by a person to adopt in some manner as his

own an act which was purportedly done on his behalf by another person, the effect of which, as
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to some or all persons, is to treat the act as if originally authorized by him. A purported agent's
act may be adopted expressly or it may be adopted by implication based on conduct of the
purported principal from which an intention to consent to or adopt the act may be fairly inferred,
including conduct which is 'inconsistent with any reasonable intention on his part, other than that
he intended approving and adopting it. Hence, DEFENDANT MOBILE COUNTY SCHOOL
BOARD AND DEFENDANT COACH FRED RILEY ratified the assaultive conduct of COACH
FRED RILEY’S football players by failing to implement any corrective, protective and remedial
action to protect student under its control and supervision, a statutory mandatory duty.
DAMAGE AND INJURIES SUSTAINED
42.

Plaintiffs’ damages include, but are not limited to, the following: anxiety, mental

and emotional distress, humiliation, fear, discomfort, loss of enjoyment of life, inconvenience
and suffering, attorneys’ fees, loss of wages, medical bills, loss of work benefits, physical and
psychic injuries, including, but not limited to, broken arm, brain damage, bruise on side of head,
bruised and injured left arm, concussion syndrome with headaches, nightmares, insomnia, and
misery. The injuries, illnesses and harms caused, and continue to cause, Plaintiffs Students
Minors to seek and obtain medical treatment and ongoing medical care for his injuries, illnesses
and medical conditions, and to incur medical expenses, caused by the Defendants, and each of
them.
STATEMENT OF FACTS
A.

R. K. Jr. Beating: Evidence of Pattern, Practice, Policy of Defendants’ Inaction
43.

It is Friday, April 27, 2018, 4:30 in the afternoon at Davidson High School.

After football practice, Head Football Coach Fred Riley tells R.K. JR and the other quarterbacks
to go to the field house get footballs and meet him back on the field. Coach Riley is walking
behind R.K.JR.to the Field House and continues walking inside the building. Afraid to go into
the field house, R.K. Jr. stops at the door because one of the older 11th grade football players,
Jakaio Hunter, about 6’- 200 pounds, said “Fruit Fruit, we’re going to get you too!” R.K. JR is
thinking about the attack on the new players the day before when the older players attacked
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Reggie, a new 11th grader player, hitting him with shoulders pads and belts, and calling him
“Fruit Fruit”. The older players repeatedly hit, beat, and struck Reggie, causing bruises to his
body.
44.

This beating the day before is playing out in R. K. JR.’s mind. Fearing an attack,

R.K. JR. decides to wait outside the door of the Field House until the older players come out and
it’s safe to go inside to get his football. While waiting, R. K. JR. is unware that one of the boys is
quietly walking behind him. The bigger, older boy grabs R. K. JR., picking him up off the
ground, and

throws him inside the locker room. Twenty (20) 10th and 11th boys are now

pouncing, punching, pushing, kicking R. K. JR. repeatedly, continuously and unrelentingly.
Video tape recording shows the 14-year old honor roll freshman R. K. JR. on the floor of the
Field House locker room, frantically attempting to deflect the blows raining down on him as he
is being hit, struck, beaten, stomped, jumped upon with full body weight, and kicked in the head
by a gang of 20 older football players. The boys deliberately target R. K. JR.’S right arm, his
throwing arm, and twist his arm behind his back, while another boy jumps down, like a
professional T.V. Wrestler, on R. K. JR.’S arm, breaking his arm. Coach Riley admits he knew
of other attacks, admitting his knowledge of “rough housing” in the locker room.
45.

R. K. JR. has suffered multiple injuries, including a broken arm, requiring

surgery. He continues to suffer constant pain, mental trauma and symptoms of a concussion,
rendering him, among other things, unable to attend school much less play football. This is why
the parents are demanding not only $12 Million compensation for the harm, but also that the
Davidson High football team be deemed ineligible to play in the 2018-2019 season, and until the
MOBILE COUNTY BOARD OF EDUCATION implements policies and procedures to end the
long-time practice of encouraging a “Fight Club”, some form of “hazing” as initiation of younger
players into the varsity league.
46.

This year there have been at least 6 to 7 additional attacks on younger, weaker

players, called “Fruit-Fruit” by older player during the vicious assaults.

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47.

“We want justice for our son and the other children who have suffered the same

in silence,” Mrs. Kim says. Football Head Coach Fred Riley, in his office within 25-30 feet of
the loud, savage attack, turned his back on the violent “initiation,” and Mobile County School
District Superintendent Martha Peek sat in silence for days.
48.

DEFENDANT school employees falsely reported to the parents that R. K. JR. had

been injured during football practice, concealing the true fact that their son had been viciously
beaten by his own team in the locker room. The school officials abandoned the child, leaving
him bloody in the Field House. The school called the father, working one and a half hours away
and refused to inform the father that the child’s arm was broken, despite the officials’ attempt at
first aid by wrapping the child’s arm in bandages. When the father arrived, he found his son
bloody, with a broken arm, sitting on the curb alone outside the school. All the school officials
had left and failed to call the police and 911 to report this crime and injuries.
B.

KINNESHA Q. GUARDIAN AT LITEM FOR J. C. MINOR
49.

On MARCH 29, 2018, a video tape recording shows 5-6 boys of Coach Fred

Riley’s football players attacking 17 year old J. C. hitting him with fists, beating him with belts,
striking him in the stomach, chasing him and jumping upon him with full body weight, and
picking him up in the air 5-6 feet of the ground and body slamming him to the ground on the
school campus adjacent to the football locker room.
C.

STACY S.T. GUARDIAN AT LITEM FOR G. T. B. MINOR
50.

During the football season of 2016-2017, when G.T.B. was a freshman, and new

to the football team, he was beaten by a group of 5-7 older football players, much as shown on
the video tape of the beating of R. K. JR. Coach Fred Riley walked out of his office and stood for
a few minutes, observed the beating and said: “Dumb Asses, break it up.” Coach Riley then
walked back into his adjacent office and the beating continued.
51.

G.T.B. has seen this beating happen to other kids on at least four (4) occasions:
“Q.

About 4 times, and did …coach, Fred Riley did he know about this kind of

violence that was going on?
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A.

Yeah 100%.

Q.

The school year of 2016, 2017.

A.

Yes sir.

Q.

And what did you see in that year that was part of this violence?

A.

It was like the exact same thing,[like R.K. JR.] but it was everybody, they have it

separated from freshman locker room, junior varsity and senior varsity, and I was in the
freshman and it’s kind of like all contained so once you’re up there and its going to take
you time to get down the stairway. I mean it happened and the coach told everybody to
stop and get down because it starts out everybody just horse playing and stuff like that.
Then it just got too rough and everybody just started fighting and beating each other up.
It started like a brawl. Once you, like usually I would get in first and get out, you could
just hear it people just punching each other. You could tell he heard it.
Q.

He, being the coach?

A.

Coach Riley, he walked in a couple of times and just seen it and just looked for a

second and just laughed and told them break it up.
Q.

Oh that was in 2016, 2017 school year, so Coach Riley walked up and saw you

guys fighting?
A.

Yes.

Q.

Is that true?

A.

But sometimes he’d let it go too far. You could tell that he wasn’t really caring at

some point like if you got hurt he wouldn’t really care.
Q.

He wouldn’t care?

A.

Yeah.

Q.

He would just say break it up and he would go back in his office?

A.

Yeah.

Q.

And you say he laughed on one occasion?

A.

Yeah, his mind isn’t right, it’s bad.
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Q.

He just laughed and walked away?

A.

Yes.

A.

…half the time they did it once but I’d fight them, like literally fighting them, I

was able to get away because, Rodney is a smaller kid then me, I was little bit bigger as a
freshman, not that big but still big enough, it wasn’t going to happen to me as easily
because they got him on the ground fast on the video but I wasn’t even on the ground.
Q.

So this has happened to you though?

A.

Yeah, it happened to me but it didn’t go as far as that.

Q.

You fought back?

A.

Yeah, I fought back.

Q.

Have you seen anyone else that went as far as with Rodney?

A.

Ah, close but it didn’t end that devastating. It ended like a dog pile, but they

didn’t jump on him like they did Rodney.
Q.

What do you mean by “dogpile”?

A.

Everybody like, they didn’t jump up but lunged at him.

Q.

This other kid, who was that, what was the name of that kid that it happened to?

A.

I don’t know if his first name is George but everybody called him George.

Q.

George, okay, what year did that happen?

A.

It was freshman year.

Q.

Freshman, so that was school year of 2016 to 2017?

A.

Yes sir.

A.

….A lot of walk-ons and I was in class in both of them, and they were talking

about how they were scared and all; it’s not a point to be scared if you can defend
yourself which is basically the principle of coach, he just wants to know if you can
defend yourself, if you can defend yourself with them you can defend yourself in
football.

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So the coach encourages this as a way of toughening you up to defend yourself against
the opposing teams?
A.

Yeah.

Q.

Is that your understanding?

A.

That’s what I believe.

Both boys continue to suffer constant pain, mental trauma and symptoms of a concussion.
Like R. K. Jr., G.T. B. and J. C. who has been accepted in the United States Marine Corp,
suffer extreme PTSD, nightmares, sleepless nights and constant fear. This is why the
parents are demanding not only $12 Million compensation for the harm but also that the
Davidson High football team be deemed ineligible to play in the 2018-2019 season, and
until the MOBILE COUNTY BOARD OF EDUCATION implements policies and
procedures to end the long time practice of encouraging a “Fight Club” among Coach
Riley’s football players and to assure STUDENT SAFETY FIRST.
DEFENDANTS’ PATTERN, PRACTICE AND POLICY OF DELIBERATE
INDIFFERENCE TO SAFETY, HEALTH AND CONSTITUTION
VIOLATIONS
52.

Coach Riley’s football players, dating back to 2005 until the present, state that

Defendant Riley permitted, encouraged, and allowed hazing to flourish in the locker room.
“Every year from 2005-2007, when I played football for Coach Riley, the same type of beatings
that happened to Rodney Kim Jr. happened all the time, but not to the extent where players
sustained broken arms. Every year, Coach Riley would stand, with his arms crossed over his
chest and watch the beatings, saying nothing. He would go back in his office inside the locker
room and allow this “horse play” he called it, to continue.” Recently, Players confirmed that
from 2014-2017 Defendant Riley engaged in the same behavior of displaying an “I don’t care
what you do, just win football games” attitude toward his football players.
53.

Defendants Mobile School Board and Coach Riley have engaged in a pattern,

practice and policy of inaction, failure to discipline, failure to supervise and failure to control
student football players. The Board has engaged in a pattern, practice and policy of inaction,

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failure to discipline, failure to supervise and failure to control Coach Riley. This pattern, practice
and policy of inaction has directly and proximately caused the deprivation of constitutional rights
of Parents to make decisions for the health, safety and education of their children, and the
deprivation of the constitutional rights of the students to be safe and free from violence in the
educational environment.
54.

Further, Defendants, and each of them, have violated the Alabama Education

Code of Ethics by failure to provide appropriate supervision of students, falsifying,
misrepresenting, omitting and erroneously reporting information regarding the evaluation of
students and endorsing, encouraging and permitting acts of child abuse, both physical and verbal
abuse by failing to control and supervise Defendant Coach Riley’s football players. Defendants,
and each of them, have fostered, nurtured and promoted a culture of violence, causing students to
leave Davidson High School and seeking their education elsewhere.
FIRST CAUSES OF ACTION

Violations Alabama Code Title 16. Education § 16-1-23\
(Against All Defendants)
55. Plaintiffs hereby incorporate the allegations contained in the preceding paragraphs, as
though fully set forth herein.
FEDERAL CLAIMS
FIRST CAUSE OF ACTION
VIOLATION OF TITLE IX CIVIL RIGHTS
(42 U.S.C. § 1983)
(Against All Defendants)
56.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of the

complaint as though set forth here in full.
57.

Federal Law 42. U.S.C. §1983 provides in pertinent part: “Every person who,

under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or
the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or
other person within the jurisdiction thereof to the deprivation of any rights, privileges, or

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immunities secured by the Constitution and laws, shall be liable to the party injured in an action
at law, suit in equity, or other proper proceeding for redress”
58.

Title IX states: “No person in the United States shall, on the basis of sex, be

excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any education program or activity receiving Federal financial assistance.” Davis v. Monroe
County Bd. of Educ. Supreme Court of the United States, May 24, 1999 526 U.S. 629
59.

A school district, a Title IX funding recipient, can be liable for deliberate

indifference to known acts of peer harassment and discrimination that were so severe, pervasive,
and objectively offensive that victim's access to educational benefit was barred. Defendants
protect girls athletes, but do not protect boys. Rather, Defendants permit a “culture” of “Fight
Club” “hazing” by boys in violation of Federal Law and state law.
60.

The Supreme Court held that “(1) under Title IX, a private damages action may

lie against a public school board in cases of student-on-student harassment, where (a) the school
board acted with deliberate indifference to known acts of harassment in the school board's
programs or activities, and (b) the harassment was so severe, pervasive, and objectively offensive
that it effectively barred the victim's access to an educational opportunity or benefit.
61.

“Where the misconduct occurs during school hours and on school grounds, the

misconduct is taking place "under" an "operation" of the federal education funding recipient. In
these circumstances, the recipient retains substantial control over the context in which the
harassment occurs. More importantly, however, in this setting the board of education exercises
significant control over the harasser. The nature of the state's power over public schoolchildren is
custodial and tutelary, permitting a degree of supervision and control that could not be exercised
over free adults.”
62.

PLAINTIFFS allege that DEFENDANTS have a practice, custom, and policy of

protecting female student athletes from violent behavior but have a policy, practice, custom and
policy of encouraging a “Hazing “ritual” among male students. This discrimination in the

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DEFENDANT MOBIL COUNTY SCHOOL SYSTEM results in a violation of the rights of
male students under Title IX.
63.

DEFENDANTS conduct has directly and proximately caused injury, damages and

harm to Plaintiffs in violations of Title IX and Plaintiffs’ United States Constitutional Rights,
resulting in economic and non-economic damages.
Wherefore, Plaintiff prays for judgment as more fully set forth below.

SECOND CAUSE OF ACTION:
VIOLATION OF FOURTH AMENDMENT OF U.S. CONSTITUTION
PROHIBIT SEIZURE OF THE PERSON
(Against All Defendants)
64. PLAINTIFFS incorporate by reference herein the preceding paragraphs of the
complaint as though set forth here in full.
65.

The United States Constitution prohibit the government from unreasonable

searches and seizures of citizens. DEFENDANTS, and each of them, ratified, endorsed,
encouraged and enabled DEFENDANT COACH FRED RILEY’S football players to seize, false
imprison and imped the liberty of PLAINTIFF minor students herein, in violation of their Fourth
Amendment rights, resulting in the damages as hereinabove asserted and alleged.
Wherefore, Plaintiff prays for judgment as more fully set forth below.
THIRD CAUSE OF ACTION
VIOLATION OF FOURTEENTH AMENDMENT OF CONSTITUTION
LIBERTY INTEREST CIVIL RIGHTS
(42 U.S.C. § 1983)
66.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of the

complaint as though set forth here in full.
67.

PLAINTIFFS minor students have a Liberty interest under the Fourteenth

Amendment of the U.S. Constitution to body integrity, health and safety. PLAINTIFFS parents
have a 14th Amendment Liberty interest to make decisions about their child’s education, health
and safety.

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68.

Defendants, and each of them, stole, deprive, took the Parents Liberty interest

rights away by concealing, hiding, and covering up their policy, practice and custom of
promoting, encouraging, authorizing and permitting “hazing” on the premises of the school
campus. Defendants violated the 14th Amendment rights of Plaintiffs. Plaintiffs suffered
damages, injuries and harm as hereinabove alleged.
Wherefore, Plaintiff prays for judgment as more fully set forth below.

FOURTH CAUSE OF ACTION
MONEL CLAIM AGAINST MOBILE COUNTY BOARD OF EDUCATION
(42 U.S.C. 1983)
(Against All Defendants)
69.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of the

complaint as though set forth here in full.
70.

Under Monel, local governments and their agencies can be sued as "persons"

under § 1983 and may be liable where a government policy or custom gives rise to a
constitutional deprivation. A "custom" does not require official sanction; instead, a custom "may
fairly subject a municipality to liability on the theory that the relevant practice is so widespread
as to have the force of law." Board of County Comm'rs v. Brown, 520 U.S. 397, 404, 117 S. Ct.
1382, 137 L. Ed. 2d 626 (1997) [88] (citations omitted). To make a claim for municipal liability,
it is not sufficient to allege merely conduct attributable to the municipality. Id. "A plaintiff must
show that the municipal action was taken with the requisite degree of culpability and must
demonstrate a direct causal link between the municipal action and the deprivation of federal
rights." Id. Thus, the elements of a Monel claim include: 1) an official policy or custom that, 2)
causes the plaintiff to be subjected to, 3) a deprivation of a constitutional right. Batista v.
Rodriguez, 702 F.2d 393, 397 (2d Cir. 1987). A City may not be held liable for the actions of its
employees or agents under a theory of respondeat superior. Id. at 397.
71.

An “official policy or custom” can be shown in several ways: (1) a formal policy

officially endorsed by the municipality; (2) actions taken by government officials responsible for
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establishing municipal policies related to the particular deprivation in question; (3) a practice so
consistent and widespread that it constitutes a custom or usage sufficient to impute constructive
knowledge of the practice to policymaking officials; and (4) a failure by policymakers to train or
supervise subordinates to such an extent that it amounts to deliberate indifference to the rights of
those who come in contact with the municipal employees. Dorsett-Felicelli v. C’nty of Clinton,
371 F. Supp. 2d 183, 194 (N.D.N.Y. 2005) (citing Monell, 436 U.S at 690, Pembaur v. City of
Cincinnati, 475 U.S. 469, 483-84 (1986), and City of Canton v. Harris, 489 U.S. 378, 388
(1989)).
72.

Here, Defendants, and each of them, maintained a policy, practice and custom of

promoting, encouraging, authorizing and permitting “hazing” on the premises of the school
campus. Defendants violated the 14th Amendment and other U.S. Constitutional rights of
Plaintiffs. Plaintiffs sustained damages as hereinabove alleged.

Wherefore, Plaintiff prays for judgment as more fully set forth below
STATE CLAIMS
FIFTH CAUSES OF ACTION
Violations Alabama Code Title 16. Education § 16-1-23\
(Against All Defendants)
73.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of

the complaint as though set forth here in full
ALABAMA HAZING PROHIBITION LAW
Definition
(a) Hazing is defined as follows:
74.

(1) Any willful action taken or situation created, whether on or off any school,

college, university, or other educational premises, which recklessly or intentionally endangers
the mental or physical health of any student, or (2) Any willful act on or off any school, college,
university, or other educational premises by any person alone or acting with others in striking,
beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat,

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bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical violence to any
student of any such educational institution or any assault upon any such students made for the
purpose of committing any of the acts, or producing any of the results to such student as defined
in this section.
75.

“The term hazing as defined in this section does not include customary athletic

events or similar contests or competitions, and is limited to those actions taken and situations
created in connection with initiation into or affiliation with any organization. The term hazing
does not include corporal punishment administered by officials or employees of public schools
when in accordance with policies adopted by local boards of education.
Prohibition: (b) No person shall engage in what is commonly known and recognized as
hazing, or encourage, aid, or assist any other person thus offending.
(c) No person shall knowingly permit, encourage, aid, or assist any person in committing
the offense of hazing, or willfully acquiesce in the commission of such offense, or fail to report
promptly his knowledge or any reasonable information within his knowledge of the presence and
practice of hazing in this state to the chief executive officer of the appropriate school, college,
university, or other educational institution in this state. Any act of omission or commission shall
be deemed hazing under the provisions of this section.
Misdemeanor: (d) Any person who shall commit the offense of hazing shall be guilty of a
Class C misdemeanor as defined by Title 13A.
Other Sanctions:(e) Any person who participates in the hazing of another, or any
organization associated with a school, college, university, or other educational institution in this
state which knowingly permits hazing to be conducted by its members or by others subject to its
direction or control, shall forfeit any entitlement to public funds, scholarships, or awards which
are enjoyed by him or by it and shall be deprived of any sanction or approval granted by the
school, college, university, or other educational institution.

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76.

Defendants’ conduct, actions and inactions violated the Alabama Hazing Laws by

intentionally, and repeatedly permitting, and participating in the hazing of Plaintiff minor
students. Plaintiffs have suffered damages, injuries and harm as stated herein.
Wherefore, Plaintiff prays for judgment as more fully set forth below
Wherefore, Plaintiff prays for judgment as more fully set forth below.
SIXTH CAUSE OF ACTION
ASSAULT and BATTERY
(Against Coach Riley)
77.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of the

complaint as though set forth here in full.
78.

DEFENDANT COACH RILEY witnessed the assault and battery on Plaintiff

Minor students and failed to stop the assault and battery.
79.

DEFENDANT COACH is directly liable for the assault and battery on Plaintiff

minor students.
80.

As to DEFENDANT COACH RILEY only, the acts of this Defendant as alleged

herein, were intentional, outrageous, despicable, oppressive, fraudulent, and done with ill will
and intent to injure PLAINTIFF MINORS and to cause, and did cause PLAINTIFF MINORS
serious bodily injury, pain, mental anguish, anxiety, loss of enjoyment of life, severe mental and
emotional distress, humiliation, inconvenience and misery.
81.

DEFENDANT COACH RILEY’S acts were done in conscious disregard of

PLAINTIFF MINORS health, safety, constitutional rights, and of the risk of severe emotional
harm to PLAINTIFF MINORS and with the intent to injure, constituting oppression, fraud, and
malice entitling PLAINTIFFS to punitive damages and attorney’s fees against DEFENDANTS.
Wherefore, Plaintiff prays for judgment as more fully set forth below.
SEVENTH CAUSE OF ACTION
FALSE IMPRISONMENT
(Against Defendant Coach Riley)
82.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of the

complaint as though set forth here in full.

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83.

DEFENDANT COACH RILEY’S intentional, violent, and criminal conduct

constitutes non-consensual, intentional confinement of PLAINTIFF MINORS, without lawful
privilege, and created the opportunity for the serious harm that was done to PLAINTIFF
MINORS. DEFENDANT COACH RILEY intentional conduct impeded, stopped, and arrested
PLAINTIFF MINORS’ freedom and liberty of movement.
84.

As to DEFENDANT COACH RILEY only, the acts of this Defendant as alleged

herein, were intentional, outrageous, despicable, oppressive, fraudulent, and done with ill will
and intent to injure PLAINTIFF MINORS and to cause, and did cause, PLAINTIFF MINORS
serious bodily injury, pain, mental anguish, anxiety, loss of enjoyment of life, severe mental and
emotional distress, humiliation, inconvenience and misery.
85.

COACH RILEY’S acts were done in conscious disregard of PLAINTIFF

MINORS’ health, safety, constitutional rights, and of the risk of severe emotional harm to
PLAINTIFF MINORS and with the intent to injure, constituting oppression, fraud, and malice
entitling PLAINTIFF MINORS to punitive damages and attorney’s fees against DEFENDANT
COACH RILEY only.
Wherefore, Plaintiff prays for judgment as more fully set forth below.
EIGHTH CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(Against Defendant Coach Riley)
86.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of the

complaint as though set forth here in full.
87.

DEFENDANT COACH RILEY intentionally engaged in extreme and outrageous

conduct, which should not be tolerated in a civilized society, and is not tolerated in this society.
88.

DEFENDANT COACH RILEY’S actions have caused and continue to cause

PLAINTIFFS substantial losses in attorneys' fees, and medical expenses, loss of future earnings
and benefits, cost of suit, humiliation, embarrassment and anguish, all to their damage in an
amount according to proof.

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89.

As to DEFENDANT COACH RILEY only, the acts of this Defendant as alleged

herein, were intentional, outrageous, despicable, oppressive, fraudulent, and done with ill will
and intent to injure PLAINTIFF MINORS and to cause, and did cause, PLAINTIFF MINORS
serious bodily injury, pain, mental anguish, anxiety, loss of enjoyment of life, severe mental and
emotional distress, humiliation, inconvenience and misery.
90.

DEFENDANT COACH RILEYS acts were done in conscious disregard of

PLAINTIFF MINORS health, safety, constitutional rights, and of the risk of severe emotional
harm to PLAINTIFFS and with the intent to injure, constituting oppression, fraud, and malice
under California Civil Code §3294, entitling PLAINTFFS to punitive damages and attorney’s
fees against DEFENDANT COACH RILEY only.
Wherefore, Plaintiff prays for judgment as more fully set forth below.
NINTH CAUSE OF ACTION
NEGLIGENCE
(Against All Defendants)
91.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of the

complaint as though set forth here in full.
92.

DEFENDANTS, and each of them, acted and failed to act in an unreasonable

manner, breaching the duty of safety and care of the Plaintiff minor students entrusted in their
care. Defendants are liable for the damages as stated hereinabove
93.

Wherefore, Plaintiff prays for judgment as more fully set forth below.
TENTH CAUSE OF ACTION
NEGLIGENCE PER SE- VIOLATION OF ANTI-HAZING LAW
(Against All Defendants)

94.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of the

complaint as though set forth here in full.
95.

At all relevant times herein, DEFENDANT COACH RILEY was aware and

knowledgeable of Alabama Law prohibiting “Hazing”.
96.

DEFENDANTS and each of them were negligent in allowing the violence to

continue.
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97.

DEFENDANTS actions have caused and continue to cause PLAINTIFFS

substantial losses in attorneys' fees, and medical expenses, loss of future earnings and benefits,
cost of suit, humiliation, embarrassment and anguish, all to their damage in an amount according
to proof.
98.

As to DEFENDANT COACH RILEY only, the acts of this Defendant as alleged

herein, were intentional, outrageous, despicable, oppressive, fraudulent, and done with ill will
and intent to injure PLAINTIFF MINORS and to cause, and did cause, PLAINTIFF MINORS
serious bodily injury, pain, mental anguish, anxiety, loss of enjoyment of life, severe mental and
emotional distress, humiliation, inconvenience and misery. DEFENDANT COACH RILEY
intentional violations of Alabama Laws prohibiting “Hazing’ entitle Plaintiffs to punitive
damages to protect the public.
Wherefore, Plaintiff prays for judgment as more fully set forth below.
ELEVENTH CAUSE OF ACTION
PREMISE LIABILITY
(Against Defendant County School Board
99.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of the

complaint as though set forth here in full.
100.

Defendant Mobile County School Board has a duty to protect students on its

premises. Defendant Board breached that duty resulting in severe damages, injuries and harm to
Plaintiff minor students.
Wherefore, Plaintiff prays for judgment as more fully set forth below.
TWELFTH CAUSE OF ACTION
NEGLIGENT TRAINING, HIRING, RETENTON, AND SUPERVISION
(Against Mobile County School Board)
101.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of the

complaint as though set forth here in full.
102.

Defendant Mobile County School Board failed to train Defendant Coach Riley to

protect students and to prevent students from engaging in Hazing.
103.

Defendant Board conduct caused Plaintiffs damages, harm and injuries.

Wherefore, Plaintiff prays for judgment as more fully set forth below.
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THIRTEENTH CAUSE OF ACTION
VIOLATION OF EDUCATION CODE SAFETY LAWS
SECTION 16-1-24.1
In Loco Parentis
(Against All Defendants)

104.

PLAINTIFFS incorporate by reference herein the preceding paragraphs of the

complaint as though set forth here in full.
105.

DEFENDANTS, and each of them, failed to protect Plaintiff minor students as is

mandated by Alabama Law and violated Alabama Education Code Section 16-1-24.1, causing
injuries, damages and harm to Plaintiffs.
Wherefore, Plaintiff prays for judgment as more fully set forth below.
PRAYER FOR RELIEF
1.

For special and economic damages, including lost wages, for all Claims

2.

For general and non-economic damages for all Causes of Action;

3.

A. $6,000,000 as and for Compensation for R. K., JR. Deprivation of Civil
Rights, personal injuries, and harms against all DEFENDANTS;

4.

B. $3,000,000 as and for Compensation for PLAINTIFF MARY K. Deprivation
of Civil Rights, personal injuries, and harms against all DEFENDANTS; and

5.

C. $3,000,000 as and for Compensation for PLAINTIFF RODNEY K. SR.
Deprivation of Civil Rights, personal injuries, and harms against all
DEFENDANTS.

6.

A. $6,000,000 as and for Compensation for GARY TREY SHONDETTS.
Deprivation of Civil Rights, personal injuries, and harms against all
DEFENDANTS;

7.

B. $3,000,000 as and for Compensation for PLAINTIFF STACY TERRY.
Deprivation of Civil Rights, personal injuries, and harms against all
DEFENDANTS;

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8.

C. $6,000,000 as and for Compensation for KENNESHA QUINNIE AND
COLBY QUINNIE. Deprivation of Civil Rights, personal injuries, and harms
against all DEFENDANTS;

9.

D. $6,000,000 as and for Compensation for JEREMIAH CHATMAN.
Deprivation of Civil Rights, personal injuries, and harms against all
DEFENDANTS;

10.

Plaintiff alleges as follows

11.

For prejudgment interest at the prevailing legal rate;

12.

Punitive Damages against Defendant Riley in the amount of $3,000,000 for the
conscious, deliberate indifference to health, safety and constitutional rights of the
parent and student Plaintiffs herein and for the protection of the community.

13.

For costs of the suit including reasonable attorney’s fees; and

14.

For such other and further relief, including injunctive relief, as the Court may
deem proper.

Dated: August 1, 2018

RESPECTFULLY SUBMITTED,
LAW OFFICES OF BONNER & BONNER
/s/Charles A. Bonner
CHARLES A. BONNER, ESQ. CA SB# 85413
Pro Hac Vice, Pending
A. CABRAL BONNER, ESQ. CA SB# 247528
Pro Hac Vice, Pending
LAW OFFICES OF BONNER & BONNER
475 GATE FIVE RD, SUITE 212
SAUSALITO, CA 94965
TEL: (415) 331-3070
FAX: (415) 331-2738
charles@bonnerlaw.com
cabral@bonnerlaw.com
Attorneys for
GARY TREY SHONDETTS, MINOR; BY
GUARDIAN AD LITEM STACY TERRY, AND
STACY TERRY, AND KENNESHA QUINNIE,
AND COLBY QUINNIE, AND JEREMIAH
CHATMAN, MINOR, BY GUARDIAN AD
LITEM KENNESHA QUINNIE
26

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RYDER LAW FIRM
/s/ Jesse P. Ryder
JESSE P. RYDER, ESQ. N.Y. SB 3923190
Pro Hac Vice, Pending
THE RYDER LAW FIRM
6739 MYERS RD
EAST SYRACUSE, NY 13057
TEL: (315) 382-3617
FAX: (315) 295-2502
ryderlawfirm@gmail.com
Attorney for
GARY TREY SHONDETTS, MINOR; BY
GUARDIAN AD LITEM STACY TERRY, AND
STACY TERRY, AND KENNESHA QUINNIE,
AND COLBY QUINNIE, AND JEREMIAH
CHATMAN, MINOR, BY GUARDIAN AD
LITEM KENNESHA QUINNIE

27

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CIVIL COVER SHEET

JS 44 (Rev. 06/17)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

GARY TREY SHONDETTS, MINOR; BY GUARDIAN AD LITEM STACY
TERRY, AND STACY TERRY, et al.

(b) County of Residence of First Listed Plaintiff

MOBILE

DEFENDANTS

MOBILE COUNTY BOARD OF EDUCATION; DOUGLAS HARWELL
JR. , In His Individual Capacity–DISTRICT I; DON STRINGFELLOW,
In His Individual Capacity, et al.
County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

LAW OFFICES OF BONNER & BONNER
475 GATE FIVE RD, SUITE 212
SAUSALITO, CA 94965 415-331-3070

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
’ 1

U.S. Government
Plaintiff

’ 3

Federal Question
(U.S. Government Not a Party)

’ 2

U.S. Government
Defendant

’ 4

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
’ 1

’
’
’
’
’

’ 2

’

2

Incorporated and Principal Place
of Business In Another State

’ 5

’ 5

Citizen or Subject of a
Foreign Country

’ 3

’

3

Foreign Nation

’ 6

’ 6

’
’
’
’
’
’
’

’
’
’
’
’
’
’
’
’
’

’
’
’
’
’
’

Click here for: Nature of Suit Code Descriptions.

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

’
’
’
’
’
’
’

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
’ 4
’ 4
of Business In This State

Citizen of Another State

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT

DEF
’ 1

FORFEITURE/PENALTY

PERSONAL INJURY
’ 365 Personal Injury Product Liability
’ 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
’ 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
’ 370 Other Fraud
’ 371 Truth in Lending
’ 380 Other Personal
Property Damage
’ 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
’ 463 Alien Detainee
’ 510 Motions to Vacate
Sentence
’ 530 General
’ 535 Death Penalty
Other:
’ 540 Mandamus & Other
’ 550 Civil Rights
’ 555 Prison Condition
’ 560 Civil Detainee Conditions of
Confinement

’ 625 Drug Related Seizure
of Property 21 USC 881
’ 690 Other

LABOR
’ 710 Fair Labor Standards
Act
’ 720 Labor/Management
Relations
’ 740 Railway Labor Act
’ 751 Family and Medical
Leave Act
’ 790 Other Labor Litigation
’ 791 Employee Retirement
Income Security Act

BANKRUPTCY
’ 422 Appeal 28 USC 158
’ 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
’ 820 Copyrights
’ 830 Patent
’ 835 Patent - Abbreviated
New Drug Application
’ 840 Trademark
SOCIAL SECURITY
’ 861 HIA (1395ff)
’ 862 Black Lung (923)
’ 863 DIWC/DIWW (405(g))
’ 864 SSID Title XVI
’ 865 RSI (405(g))

FEDERAL TAX SUITS
’ 870 Taxes (U.S. Plaintiff
or Defendant)
’ 871 IRS—Third Party
26 USC 7609

IMMIGRATION
’ 462 Naturalization Application
’ 465 Other Immigration
Actions

OTHER STATUTES
’ 375 False Claims Act
’ 376 Qui Tam (31 USC
3729(a))
’ 400 State Reapportionment
’ 410 Antitrust
’ 430 Banks and Banking
’ 450 Commerce
’ 460 Deportation
’ 470 Racketeer Influenced and
Corrupt Organizations
’ 480 Consumer Credit
’ 490 Cable/Sat TV
’ 850 Securities/Commodities/
Exchange
’ 890 Other Statutory Actions
’ 891 Agricultural Acts
’ 893 Environmental Matters
’ 895 Freedom of Information
Act
’ 896 Arbitration
’ 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
’ 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original
Proceeding

’ 2 Removed from
State Court

’ 3

’ 6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Remanded from
Appellate Court

’ 4 Reinstated or
Reopened

’ 5 Transferred from
Another District

’ 8 Multidistrict
Litigation Direct File

Violation Of Title IX Civil Rights (42 U.S.C. § 1983)

VI. CAUSE OF ACTION Brief description of cause:

PLAINTIFFS ALLEGE ASSAULT & BATTERY, FALSE IMPRISONMENT AND NEGLIGENCE BY DEFENDANTS

’ CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:
’ Yes
’ No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/CHARLES A. BONNER

08/02/2018
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

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JUDGE

MAG. JUDGE

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 JS 44 Reverse (Rev. 06/17)

Case 1:18-cv-00343 Document 1-1 Filed 08/02/18 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V.

Origin. Place an "X" in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

 Case 1:18-cv-00343 Document 1-2 Filed 08/02/18 Page 1 of 3
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Southern District of Alabama
GARY TREY SHONDETTS, MINOR; BY
GUARDIAN AD LITEM STACY TERRY, AND
STACY TERRY, AND KENNESHA QUINNIE,
AND COLBY QUINNIE, AND JEREMIAH
CHATMAN, MINOR, BY GUARDIAN AD LITEM
KENNESHA QUINNIE
Plaintiff(s)

v.
MOBILE COUNTY BOARD OF EDUCATION;
DOUGLAS HARWELL JR. , In His Individual
Capacity–DISTRICT I; DON STRINGFELLOW, In
His Individual Capacity – DISTRICT II;
REGINALD CRENSHAW, In His Individual
Capacity – DISTRICT III; ROBERT BATTLES , In
His Individual Capacity – DISTRICT IV; WILLIAM
FOSTER, In His Individual Capacity – DISTRICT
V; SUPERINTENDENT MARTHA L. PEEK, In Her
Individual Capacity; PRINCIPAL LEWIS
COPELAND, In His Individual Capacity; COACHES
FRED RILEY, In His Individual Capacity ; BOBBY
J. POPE, In His Individual Capacity; MILLER, In His
Individual Capacity; REEVES, In His Individual
Capacity; EUBANKS, In His Individual Capacity;
and DOES 1-100,,

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

1:18-cv-343

Defendant(s)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
MOBILE COUNTY BOARD OF EDUCATION
1 MAGNUM PASS - BUILDING I
MOBILE, AL 36618

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
CHARLES A. BONNER, ESQ.
LAW OFFICES OF BONNER & BONNER
475 GATE FIVE ROAD, SUITE 212
SAUSALITO, CA 94965

 Case 1:18-cv-00343 Document 1-2 Filed 08/02/18 Page 2 of 3
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

18-343

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

I personally served the summons on the individual at (place)
; or

on (date)
I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

.

 Case 1:18-cv-00343 Document 1-2 Filed 08/02/18 Page 3 of 3
Printed name and title

Server’s address

Additional information regarding attempted service, etc: