PATTERSON BUCHANAN roses 3. LEITCH, P.S. mac 2? AVE, an? Hour, Seattle wa, salad Tel. 2GB. 452.5?00 Fax FILED lb. - .. Stan: CU-Jrfla BE 53; $11.13,, AREA .THE SUPERIOR COURT FOR THE STATE OF ALASKA FOURTH JUDICIAL DISTRICT AT BETHEL LE. on behalf of JANE DOEI, a minor child; B.M. ON BEHALF OF JANE No. 4BE-19-455-CI D0132, a minor child, Plaintiffs, v. LOWER KUSKOKWIM SCHOOL DISTRICT, DEFENDANT, LOWER SCHOOL ANSWER TO FIRST ARIENDED Lower Kuskokwim School District (?the District?) answers Plaintiffs? First Amended Complaint (?Complaint?) in this matter as follows, numbering the paragraphs below to coincide with the paragraph numbers being reSponded to in the Complaint. To the extent that any allegation of the Complaint through inadvertence was not speci?cally admitted or denied, the District denies that allegation. The Parties I. Except for the allegation of sexual abuse, the District admits to the allegations of this paragraph and agrees that Plaintiffs may be identi?ed by initials. The District denies that sexual abuse occurred. II. Admit. LOWER KUSKOKWIM SCHOOL ANSWER. TO FIRST AMENDED . P.5. 93104 PATTERSON BUCHANAN FDBES a. LEITCH icon 2? Ave, so? Flour, Seattle WA Tel. 20 5. 461mm Fax 206.452.5ml ?bm?-lan-ih-LIJM Admit. Facts Common to All Claims IV. The District is without information or belief to admit or deny the allegations of this paragraph and on that basis denies those allegations. V. Admit. VI. The term ?contact? used in this paragraph is ambiguous, as is the term "direct contact.? The District admits that as principal of a school, Carmichael had day to dayI interactions with some, though not all students at the school where he was working. The District also notes that the students he interacted with may have changed from day to day. The District also admits that Carmichael from time to time would have had direct interactions with speci?c students at the school where he was working. To the extent paragraph VI of the Complaint alleges anything other than what has been expressly admitted in this paragraph, the District denies the same. VII. The District is without information or belief to admit or deny the allegations of this paragraph and on that basis denies these allegations. The District is without information or belief to admit or deny the allegations of this paragraph and on that basis denies those allegations. IX. The District is without information or belief to admit or deny the allegations of this paragraph and on that basis denies these allegations. X. The District is without information or belief to admit or deny the allegations of this paragraph and on that basis denies those allegations. LOWER KUSKOKWIM SCHOOL DISTRICTS ANSWER TO FIRST AMENDED 2 PATTERSON Poses a LEITCH. P.S. 10cc Ave, so? Floor, Seattle WA, 93104 Tel. 206. 462.5? 00 Fax 205.4 62.6101 First Claim for Relief -- Sexual Abuse of a Minor XI. Deny that Carmichael sexually assaulted Jane Doe 1 or Jane Doc 2 but admit that they were under the age of 16 years old during the 2015?2013 time period. Second Claim for Relief Other Torts XII. The District is without information or belief to admit or deny the allegations of this paragraph and on that basis denies those allegations. Third Claim for Relief -- Negligence The District admits and denies the allegations of the Complaint incorporated into this paragraph just as those allegations have been admitted or denied above. The District denies that sexual abuse occurred. The District admits that it has a duty to exercise reasonable care in the hiring retention, and supervision of its employees. The District is without information or belief to admit or deny the remaining allegations of this paragraph and on that basis denies those allegations. Fourth Claim for Relief - Punitive Damages XIV. The District is a governmental entity and punitive damages may not be awarded against governmental entities in Alaska. The District also denies all allegations of this paragraph of the Complaint. Damages XV. The District admits and denies the allegations of the Complaint incorporated into this paragraph just as these allegations have been admitted or denied above. The District is LOWER. KUSKOKWIM SCHOOL DISTRICT '3 ANSWER TO FIRST AMENDED COMPLAINT- 3 PATTERSON BUCHANAN Faces a LEITCH. P.5. race Ave, so? Floor, Seattle WA, same Ell-5. 462.5?00 Fax ZDEJI 62.6701 without information or belief to admit or deny the allegations of this paragraph and on that basis denies those allegations. Respendeat Superior XVI. The District admits and denies the allegations of the Complaint incorporated into this paragraph just as these allegations have been admitted or denied above. The District admits that Carmichael was an employee of the District. The District is without information or belief to admit or deny the allegations of this paragraph and on that basis denies those allegations. Aided in Agency XVII. The District admits and denies the allegations of the Complaint incorporated into this paragraph just as those allegations have been admitted or denied above. The District is without information or belief to admit or deny the allegations of this paragraph and on that basis denies those allegations. Plaintiffs-3? Prayer for Relief The District is without information or belief as to whether Jane Does 1-2 have been damaged as alleged in the Complaint, and if so, the nature and extent of such damages. On that basis, the District denies that Plaintiffs are entitled to collect any damages alleged in the Prayer for Relief portion of their Complaint. To the extent the District has not speci?cally admitted any allegation in the Complaint, the District expressly denies such allegation(s). I i I LOWER SCHOOL DISTRICTS ANSWER TO FIRST AMENDED 4 usmmHammanEmEE-E PATresscN BUCHANAN Poses a LEITCH, me, FHS. 1000 2" Ave, so? Floor, Seattle WA, 93104 TEL 20-5. 462.6?00 Fax 2?5.452.6?01 Affirmative Defense-s The District asserts the following af?rmative defenses in this matter. 1. Failure to State a Ciaiar: Plaintiff?s? Complaint fails to state any claim upon which relief may be granted against the District. 2. Mitigation afDamages: Plaintiffs have failed to mitigate their damages. 3. C?aase: Plaintift?s? damages, if any, were proximately caused by intervening causes which were the superseding cause of the alleged damages. 4. Third Party Farrit: Plaintiffs? injuries and damages, if any, were proximately caused or contributed to by persons andfor entities other than the District and for whom the District has no responsibility, whether direct or vicarious, so as to bar or reduce their recovery herein. 5. Third Party Criminal anal/0r Intentional Misconduct: Plainti?'s? alleged injuries and damages, if any, were proximately caused or contributed to by the unforeseen criminal andior intentional acts andior omissions of other persons andfor parties for whom the District has no responsibility, whether direct or vicarious. To the extent such intentional acts andior omissions were by a District employee, said District employee was acting outside the course and scope of his employment when committing the intentional misconduct. Therefore, the District is not liable for damages caused. 6. Apportionment: Pursuant to the laws of the State of Alaska, the District is entitled to an allocation of fault under the determination of proportionate share of entities/individuals causing damages if recovery is sought. (AS 09.17.1030.) LOWER KUSKOKWIM SCHOOL DISTRICT '8 ANSWER TO FIRST AMENDED COMPLAINT- 5 PATTERSON BUCHANQN FDBES 3r. LEITCH, 13.5. 1mm Ave, 39? Floor, Seattle WA, 93104 Tel. 205. 452.6?00 Fax Reservation of Rights The District reserves the right to add further affirmative defenses and to make further claims as discovery in this case mayr warrant. District's Prayer for Relief WHEREFORE, having fully answered Plaintiffs? Complaint, the District prays for judgment as follows: (1) For dismissal of the causes of action asserted against the District with prejudice; (2) For an award of attorney fees, costs, and expenses incurred herein by the District to the fullest extent allowed by law; and (3) For such further and other relief as the Court may deem just and equitable. DATED: February 14, 2020. PATTERSON BUCHANAN FOBES c3: LEITCH, INC, P.S. By: 54]" DTJa?ck Guthrie, ABA No. 1709045 Attorney for Defendant Lower Kuskokwim School District LOWER KUSKOKWIM SCHOOL DISTRICT '8 ANSWER TO FIRST AMENDED COMPLAINT- 6 CERTIFICATE OF SERVICE I, Monica L. Schwandt, hereby declare that on this we}! of February 2020, I caused to he delivered via the method listed below the document to which this Certi?cate of Service is attached (plus any exhibits andfor attachments) to the following: seceqmenemp PATTERSON BUCHANAN FDEES 8t LEFTCH, INC., P.5. 100D 2" Ave, so" Floor, Seattle WA. 98104 Tel. 20 5. Fax 206.462.6101 Law Of?ces of David Henderson 3003 Minnesota Dr., Ste. 203 Anchorage, AK 99503 dh?henderson?lawcom ATTORNEY NAME ADDRESS METHOD OF DELIVERY Mr. Jim J. Valcarce I Electronic Mail Valcarce Law Of?ce, LLC ABC Legal Messenger Service P.O. Box 409 I Regular U.S. Mail Bethe], Alaska 99559 Other: iim@bushlamers.eorn David Henderson I Electronic Mail ABC Legal Messenger Service I Regular U.S. Mail Other: I certify under penaltyr of perjury, under the laws of the State of Alaska, that the foregoing is true and correct. DATED this lul?m?dav of Februar}' 2020 at Seattle, Washington. LOWER KUSKOKWIM SCHOOL ANSWER TO FIRST AMEN DED COMPLAINT- 7 Monica L. Schwandt, Legal Assistant VALCARCE LAW OFFICE, LLC P.O. Box 409 Bethel, Alaska 99559 [9 543-2744 Telephone (9 543 -2746 Fax IN THE SUPERIOR COURT FOR THE STATE OF ALASKA FOURTH JUDICIAL DISTRICT AT BETHEL BETHE COURTS as. on behalf of ?Hawaii; JANE DOE 1, a minor child; JAN 13 5" BM. on behalf of JANE nos 2, a By minor child Plaintiffs, VS. LOWER SCHOOL DISTRICT, Defendant. Case No.: 4BE-19- 455 CI FIRST AMENDED COMPLAINT FOR DAMAGES (FILED BEFORE ANSWER) Plaintiffs JANE DOE 1, through her attorneyr Jim J. Valcarce, of the VALCARCE LAW OFFICE, and David Henderson of the HENDERSON LAW OFFICE, for their action against the defendant allege as follows: THE PARTIES I. Plaintiffs JANE DOES 1-2, at all times relevant to the facts of this complaint, were and are residents of Bethel, Alaska within the Fourth Judicial District, State of Alaska. JANE DOES 1-2 are minor children whose respective parent, identi?ed by initials, bring claims on behalf of their minor child. Because the i'x?cxn?ce mw OFFICE. LLC PI). Sex 409 Bethcl, Alaska 99559 543-22914 Telephone Fax events described in this Complaint concern minors who were sexually assaulted and acts that are of an extremely personal name, she chooses to identify herself only pseudonyms in the public documents ?led in this case.1 II. Defendant LOWER KUSKOKWIM SCHOOL DISTRICT, hereinafter is a school district within the State of Alaska. Its Chief School Administrator is the superintendent. Plaintiff, and all agents and employees of LKSD, at all times relevant to the facts of this complaint, were residents of Bethel, Alaska, within the Fourth Judicial District, State of Alaska. 1 The true names of the Plaintiffs, upon request, will he ?led with the Court under seal. on . an - Bass 2 misc VALCARCE OFFICE, LLC PLO. Box 409 Bethe-I, Alaska 99559 (901} 543 ?144 Telephone 543.2??16 Fax FACTS OCT-WON TO ALL CLAIMS IV. That the events which are the subject of this action occurred in Bethe], Alaska, in the Fourth Judicial District, State of Alaska. V. Approximately from 2000, Chris Carmichael (?Principal Carmichael?) was employed by the LKSD, including as a principal in Bethel from approximately 2014. VI. That as an employee, agent, and Principal of LKSD, Principal Carmichael had direct contact with minor children, including the minor plaintiff. VII That Principal Carmichael used his position as an employee of LKSD to meet, befriend, and groom minor plaintiffs JANE DOES 1-2. Principal Carmichael had substantial power, authority and control over the minor plaintiffs. LKSD provided Principal Carmichael with substantial authority and power oxer JANE DOES 1-2. IX. From at at least and approximately 2015-18, Principal Carmichael repeatedly sexually abused children, including minor plaintiff JANE DOES 1-2. Fl 1 ED AMA ES page; 3 LKBD viilIcKR'CE Law OFFICE. LLC P.0. Box 499 Belhcl, Alaska 99559 543-2?? Telephone 543-1346 Fax X. LKSD, through its agents and servants, reasonably should have protected students from Principal Carmichael's proclivity to sexually assault children. FIRST CLAIM FOR RELIEF ABUSE OF A MINOR XI. During the time periods of approximately 2015 to 2018, while employed by the Defendant, Principal Carmichael sexually assaulted JANE DOES 1?2, minors, who were under the age of sixteen?years-old. I SECOND CLAIM FOR RELIEF OTHER TORTS XII. As alleged above, Principal Carmichael?s acts and omissions resulted in numerous other torts being committed against the minor plaintiff JANE DOES 1- 2. Principal Carmichael committed numerous civil torts, including but not limited to, assault and battery; negligence and negligence per se for violation of Alaska Statutes, Criminal Code and other rules that set codes of conduct; intentional and negligent in?iction of emotional distress; indecent acts against, sexual solicitation and exploitation of minors; and harassment. THIRD FOR RELIEF NEGLIGENCE All plaintiffs hereby incorporate by reference the preceding paragraphs of this complaint as they apply to each of them personally, and further allege that - RDAM Fags 4 men va?uilrce?mw?oamcsmifc RC. Box 409 Bethe], Alaska 99559 543-2144 Telephone 543-2?46 Fax the LKSD had a duty to exercise reasonable care in the hiring, retention and supervision of its employees, a duty which includes, but is not limited to, ensuring that Principal Carmichael who had daily contact with children was not prone to sexually abusing children, would not use his position to facilitate sexual abuse of children and would not otherwise endanger children. That LKSD breached its duty of care to the plaintiffs through its actions or inactions, including but not limited to: hiring Principal Carmichael; retaining Principal Carmichael as an employee; failing to provide proper oversight and supervision of Principal Carmichael; failing to appropriately and reasonable act and follow up on prior complaints; and failing to exercise due care and caution. These acts and omissions of defendant the LKSD constitute negligence. FOURTH CLAIM FOR RELIEF PUNITIVE DAMAGES XIV. The conduct of the defendant, as described in the Complaint, was intentional, willful and wanton misconduct, illegal, outrageous and malicious behavior, and conduct which showed a reckless indifference to the interests and well? being of minor children; therefore, Plaintiffs should be awarded punitive damages against the Defendant. DAMAGES XV. Plaintiffs, hereby incorporate by reference the preceding paragraphs of this complaint as they apply to each of them personally, and further allege that LKSD Vii LLC PLO. Box 409 Alaska 99559 543-2144 Telephone Fm: Ahn? direct and proximate result of the sexual abuse, negligent and intentional in?iction of emotional distress, and conduct and torts described in the preceding paragraphs, plaintiffs, and each of them, suffered great past and future damage, loss, injury and harm including, but not limited to, the following: great pain of mind and body, shock, severe emotional distress, great mental anguish, embarrassment, disgrace, humiliation, and loss of enjoyment of life. Other damages include loss of earnings and earning capacity; past and future expense for medical and treatment, therapy, and counseling; and other economic and non-economic injury and loss'all to the damage of each plaintiff in an amount in excess of $100,000.00, the exact amount to be proven at trial. RESPONDEAT SUPERIOR XVI. Plaintiffs JANE DOE 1-2 hereby incorporate by reference the preceding paragraphs of this complaint, and further allege that at all times described herein Principal Carmichael was acting as an agent, servant andfor employee of the institutional defendant, the LKSD. Therefore, LKSD is vicariously liable to the plaintiff for each and every act of the abuser, alleged herein, and all injuries. and damages caused thereby or resulting there AIDED IN AGENCY XVII. Plaintiffs JANE DOE 1-2 hereby incorporates by reference the preceding paragraphs of this complaint as they apply to each of them personally, Fl WNDED INT EE 6 LKSD LAW OFFICE. LLC RD. Box 409 543-2144 Telephone Belhcl, Alaska 99559 543-2315 Fax and further allege that at all times described herein, Principal Carmichael had substantial power and/or authority over the minor; and this power andfor authority played a substantial role in bringing about and causing said torts outlined above. Principal Carmichael was aided in the commission of acts injurious to plaintiffs by his agency relationship with the defendant. Pursuant to the doctrine of ?aided in agency,? LKSD is vicariously liable to the plaintiffs for its agent as alleged herein, and all injuries and damages caused thereby or resulting there from. WHEREFORE, plaintiff requests the following relief from this Court: 1) For damages against defendant in an amount to be determined at trial but in any event greater than 100,000.00, for each plaintiff; 2) For costs, interest and attorney?s fees in bringing this action; and 3) For such other relief as the court considers appropriate. DATED at Bethel, Alaska this of January, 2020 lucid Henderson ABA No. 9806014 VALCARCE LAW OFFICE, LLC Attorneys for Plaintiff MENDED COMP FDR, DAMA 7 LKSD Ft IIE.) ln??Eda-.3" 933$ 55?? pmi? iQua bane. i? {90'3} 543-2146 Fax By: Certi?cate ufService ABA No. 950 1 going was served this day of I hereby ee it}; that a true and co loopy oft ?ail [Edit/nu hand delivered to the following: Jack Guthrie Patterson Buchanan Fobes (E: Leitch 2112 Third Avenue, Suite 500 Seattle, WA 98121 Fax (266) 462-6701 gtjg?] att onbuehanan.eom FIRST AMENDED QOMPLMEI: EUR LICS PAQE n?Ir?dr?n bit?'9 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA FOURTH JUDICIAL DISTRICT AT BETHEL PATTERSON BUCHANAN FDBES 8t LEITCH, 9.5. l?UU'Second Avenue, so? Floor Seattle, WA 93104 Tel. 205. 452.5300 Fax 205.462.5101 IE. on behalf of JANE DOEI, A MINOR, Plaintiftts), No. 4BE-19-455-CI v. AMENDED NOTICE OF LOWER KUSKOKWIM SCHOOL APPEARANCE DISTRICT, DEFENDANTCS), TO: CLERK OF COURT AND TO: ALL PARTIES AND THEIR COUNSEL PLEASE TAKE NOTICE: the appearance of defendants LOWER KUSKOKWM SCHOOL DISTRICT, without waiving objections as to improper service, jurisdiction, and venue, or compliance with the Notice of Claim requirements, is hereby entered by D. Jack Guthrie and Patterson Buchanan Fo?oes dc Leitch, Inc., P.S. Service of all further pleadings, notices, documents, or other papers, exclusive of original process, may be had by serving counsel at the address below stated. AMENDED NOTICE OF APPEARANCE - PATTERSON BUCHANAN FDBES 3: LEITCH, 13.5. 1000 Second Avenue, an? Fleur Sean! 2, WA 93104 TEL 206. Fax 205.4 52.5101 DATED this 30?? day 2019. PATTERSON BUCHANAN FOBES LEITCH, INC., P.S. D. Jack Euthrie, ABA No. 1709045 Of Attorneys for Defendants Lower Kuskewim Scheel District AMENDED NOTICE OF APPEARANCE - 2 PATTERSON BUCHANAN FOBES 3t P.S. 1000 Second Avenu e, 30? Floor Seattle, WA 93104 Tel. 206. JELEIDD Fax 205.4 62.5101 CERTIFICATE OF SERVICE Monica L. Schwandt, hereby declare that on this 30?" day of December, 2019, I caused to be delivered via the method listed below the document to which this Certi?cate of Service is attached (plus anyr exhibits andfor attachments) to the following: ATTORNEY NAME ADDRESS METHOD OF DELIVERY Mr. Jim J. Volcarce I Electronic Mail Valcarce Law Of?ce, LLC ABC Legal Messenger Service PO Box 409 I Regular US. Mail Bethel, Alaska 99559 Other: David Henderson Law Of?ces of David Henderson 3003 Minnesota Dr., Ste. 203 Anchorage, AK 99503 Email: I Electronic Mail ABC Legal Messenger Service I RegularU?. Mail Other: I certify under penalty of perjury, under the laws of the State of Washington, that the foregoing is true and correct, DATED this 30?? day of Dccember2019 at Seattle, Washington. AMENDED NOTICE OF APPEARANCE - 3 Mon'gca L. Schwandt Legal Assistant h-?n CASE DESCRIPTION SUPERIOR Cot. Case Number. tugs? e'a? fr:- 215 5:2: are it. Type of; i1; or is on m? -5. 21E. Jim EFonCourtiUse Onlyo, i 1.13 Checi-z the box that best describes the case. Mark one box only For Case Type Adi district court cases, use form CHI-125D. C0 Tort: Wrongful Death Civil Superior Court CISPIE Automobile Tori: (But Not Wrongful Death) Civil Superior Court CISIDA ?25 Claim Against Owner of Real Property for Personal Injury Civil Superior Court CISPIO Product Liability Civil Superior Court CISPL Intentional Tort assault, battery, vandalism) Civil Superior Court Slander] Libel;l Defamation Civil Sunerior Court CISSLD PA thher Tort Civil Superior Court crsmo a roval of Minor Settlement Civil Petition . . . - ?ii/ray also be ?led asprooate case. Superior Court Misc Petition Malpractice Legal Malpractice Civil SUperior Court CISLM 3 Medical Malpractice Civil Superior Court Other Malpractice Civil Superior Court CISOMP Other Civil Election Contest or Recount Appeal Civil SUperior Court CISELEE Change of Name - Adult Change of Name Change of Name - Minor Change of Name CICOAM Confession of Judgment Civil Superior Court CISCC Dill Structured Settlement AS 09.60.200 Superior Court Misc Petition Administrative Agency Proceeding Request for Court Assistance Superior Court Misc Petition Arbitration - Action Under Uniform Arbitration Act Civil Superior Court CISAP Fraud Civil Superior Court CISFRAL . Civil Superior Court Unfair Trade Practice and Consumer Protection Clerk: Issue form CPU-128 CISUTP Writ of Habeas Corpus Civil Superior Court CIWHC Fish 8t Game - Abatement 8r. Forfeiture of Equipment Suoerior Court Misc Petition CISAF Appointment of Trustee Counsel Superior Court Misc Petition CIST Action Under Alaska Securities Act ICivil Superior Court CISASA Other SUperior Court Complaint {Civil SUperior Court CISOCI Other Superior Court Petition ESUperior Court Misc Petition Post-Conviction Relief to Superior Court I Post-Conviction Relief I [Post-Conviction Relief-Sup Ct I CISPCQ Appeal to Superior Court - From Administrative Agency 3 Election Contest or Recount Appeal SEE OTHER CIVIL DMV Appeal Appeal from Admin Agency CIADI: MV Employment Security Appeal lAppeal from Admin Agency CIADR ESA Administrative Agency Appeal - Other IAppeal from Admin Agency CIADR CSSD License Review Action 'Petition for Review or Relief CICSEZJ Petition for Review from Administrative Agency Petition for Review or Relief CIPRA Petition for Relief from Administrative Agency AS 44. 62.305 [Petition for Review or Relief Appeal to Superior Court - From District Court Civil Appeal IAppeal from District Court CIACIZ Criminal Appeal lAppeal from District Court Minor Offense Appeal lAppeal from District Court CIAMO Small Claims Appeal iAppeal from District Court CIASC Petition for Review from Civil! Criminal, or Minor Offense Case lPetition for Review or Relief CIPRDIE Petition for Review from Small Claims FII .i?lteiition. ,foprl?eyiewu or Relief CIPRSC entities? 1* cry-1255 (4i19)(cs) Page 2 of 2 CASE DESCRIPTION FORM -5UPERIOR COURT - - .. r. so" DEPUTY CLERK 65566 ?3153i? ?F'liia? 60? 3'08 'O'd RC. Box 4H9 Alaska 99559 (907) 543-2344 Telephone 543-27346 Fax. IN THE SUPERIOR COURT FOR THE STATE OF ALASKA FOURTH JUDICIAL DISTRICT AT BETI-IEL .E. on behalf of JANE DOE 1, a minor child Plaintiff, vs. LOWER SCHOOL DISTRICT, Defendant. was: Case L56 CI COMPLAINT FOR DAMAGES Plaintiffs JANE DOE 1, through her attorneyr Jim J. Valcarce, of the VALCARCE LAW OFFICE, and David Henderson of the HENDERSON LAW OFFICE, for their action against the defendant allege as follows: THE PARTIES I. Plaintiffs JANE DOE 1, at all times relevant to the facts of this complaint, were and are residents of Bethel, Alaska within the Fourth Judicial District, State of Alaska. JANE DOES 1 is a minor children whose respective parent, identified by initials, bring claims on her behalf. Because the events described in this Complaint concern minors who were sexually assaulted and acts that are of an extremely personal nature, she chooses to identify herself only pseudonyms in the VALCARCE LAW OFFICE. LLC RD. Box 409 Alaska 995 59 543-2944 Telephone 543-2146 Fax public documents ?led in this case.1 II. Defendant LOWER KUSKOKWIM SCHOOL DISTRICT, hereinafter is a school district within the State of Alaska. Its Chief School Administrator is the superintendent. I Plaintiff, and all agents and employees of LKSD, at all times relevant to the facts of this complaint, were residents of Bethel, Alaska, within the Fourth Judicial District, State of Alaska. 1 The true names of the Plaintiffs, upon request, will be filed with the Court under seal. Emil-E? MA LLC PJD. Box 409 543-1344 TcIcpho nc Bollml, Alaska 99559 (901)543-1145 Fm: FACTS COWON TO ALL CLAIMS IV. That the events which are the subject of this action occurred in Bethe], Alaska, in the Fourth Judicial District, State of Alaska. V. Approximately from 2000, Chris Carmichael (?Principal Carmichael?) was employed by the LKSD, including as a principal in Bethel from approximately 2014. VI. That as an employee, agent, and Principal of LKSD, Principal Carmichael had direct contact with minor children, including the minor plaintiff. VII That Principal Carmichal used his position as an employee of LKSD to meet, be?iend, and groom minor plaintiff. Principal Carmichael had substantial power, authority and control over the minor plaintiff. LKSD provided Principal Carmichael with substantial authority and power oyer Jane Doe 1. IX. From at at least and approximately 2015-18, Principal Carmichael repeatedly sexually abused children, including minor plaintiff JANE DOE 1. TF 1 mg]; 3 LKSD OFFICE, LLC RD. Box 409 Hamel, Alaska 99559 543-2?? Telephone {911?} Fax X. LKSD, through its agents and servants, reasonably should have protected students from Principal Carmichael?s proclivity to sexually assault children. FIRST CLAIM FOR RELIEF ABUSE OF A MINOR XI. During the time periods of approximately 2015 to 2018, while employed by the Defendant, Principal Carmichael sexually assaulted JANE DOES 1, a minor child, who was under the age of sixteen-years-old. SECOND CLAIM FOR RELIEF OTHER TORTS XII. As alleged above, Principal Carmichael?s acts and omissions resulted in numerous other torts being committed against the minor plaintiff JANE DOES 1. Principal Carmichael committed numerous civil torts, including but not limited to, assault, and battery; negligence and negligence per se for violation of Alaska Statutes, Criminal Code and other rules that set codes of conduct; intentional and negligent in?iction of emotional distress; indecent acts against, sexual solicitation and exploitation of minors; and harassment. THIRD CLAIM FOR RELIEF NEGLIGENCE All plaintiffs hereby incorporate by reference the preceding paragraphs of this complaint as they apply to each of them personally, and further allege that FDRDAMAGES PAQE ll LII-SD w. LCARCE LAW OFFICE, LLC PD. Box 409 543-346 Fax Bethul, Alaska 99559 543-2344 Telephone the LKSD had a duty to exercise reasonable care in the hiring, retention and supervision of its employees, a duty which includes, but is not limited to, ensuring that Principal Carmichael who had daily contact with children was not prone to sexually abusing children, would not use his position to facilitate sexual abuse of children and would not otherwise endanger children. That LKSD breached its duty of care to the plaintiffs through its actions or inactions, including but not limited to: hiring Principal Carmichael; retaining Principal Carmichael as an employee; failing to provide proper oversight and supervision of Principal Carmichael; failing to appropriately and reasonable act and follow up on prior complaints; and failing to exercise due care and caution. These acts and omissions of defendant the LKSD constitute negligence. FOURTH CLAIM FOR RELIEF PUNITIVE DAMAGES XIV. The conduct of the defendant, as described in the Complaint, was intentional, willful and wanton misconduct, illegal, outrageous and malicious behavior, and conduct which showed a reckless indifference to the interests and well- being of minor children; therefore, Plaintiffs should be awarded punitive damages against the Defendant. DAMAGES XV. Plaintiff, hereby incorporate by reference the preceding paragraphs of this complaint as they apply to each of them personally, and further allege that as a FQR DAMQJIJE AGE LKSD VALCARCE OFFICE, LLC P.0. Box 409 Alaska 99559 543-2144 Telephone 543-2?46 For. direct and proximate result of the sexual abuse, negligent and intentional inflictiOn of emotional distress, and conduct and torts described in the preceding paragraphs, plaintiffs, and each of them, suffered great past and future damage, loss, injury and harm including, but not limited to, the following: great pain of mind and body, shock, severe emotional distress, great mental anguish, embarrassment, disgrace, humiliation, and loss of enjoyment of life. Other damages include loss of earnings and earning capacity; past and future expense for medical and treatment, therapy, and counseling; and other economic and non-economic injury and loss-all to the damage of each plaintiff in an amount in excess of $100,000.00, the exact amount to be proven at trial. RESPONDEAT SUPERIOR XVI. Plaintiff hereby incorporates by reference the preceding paragraphs of this complaint as they apply to each of them personally, and further allege that at all times described herein Principal Carmichael was acting as an agent, servant andr'or employee of the institutional defendant, the LKSD. Therefore, LKSD is vicariously liable to the plaintiff for each and every act of the abuser, alleged herein, and all -inj uries and damages caused thereby or resulting therefrom. AIDED IN AGENCY XVII. Plainitff hereby incorporates by reference the preceding paragraphs of this complaint as they apply to each of them personally, and further MP TFDR DAMA ES EAEE vsteua: B?Lmv OFFICE. LLC PD. Box 409 Belhcl, Alaska 99559 (901) Sen-ma Telephone 543-1146 Fax allege that at all times described herein, Principal Carmichael had substantial power andfor authority over the minor; and this power andfor authority played a substantial role in bringing about and causing said torts outlined above. Principal Carmichael was aided in the commission of acts injurious to plaintiffs by his agency relationship with the defendant. Pursuant to the doctrine of ?aided in agency,? LKSD is vicariously liable to the plaintiffs for its agent as alleged herein, and all injuries and damages caused thereby or resulting there from. WHEREFORE, plaintiff requests the following relief ?'om this Court: 1) For damages against defendant in an amount to be determined at trial but in any event greater than 100,000.00, for each plaintiff} 2) For costs, interest and attorney's fees in bringing this action; and 8) For such other relief as the court considers appropriate. DATED at Bethel, Alaska this7 Eda}; of December, 2019. LAW FICES 0 AVID HENDERSON David Henderson ABA NO. 9806014 VALCARCE LAW OFFICE, LLC Attorneys for Plaintiff FORD ES PAGE 7 LHSD LLC PD. Box 409 Alaska 99559 (9 07} 543-2144 Telephone 543-346 Fm: LKSD COMPLAINT FOR. DAMAGES 1% By: 505011 Mo 03 Ali.