NO. A.A., a minor by and through her mother and next friend, MARY AMES -Filed Electronically- v. COMPLAINT DONNA HARGANS, SUPERINTENDENT OF JEFFERSON COUNTY PUBLIC SCHOOLS, IN HER OFFICIAL CAPACITY AND INDIVIDUALLY Serve: Donna Hargans (at place of employment) Jefferson County Public Schools 3332 Newburg Road Louisville, Kentucky 40218 and MARY MINYARD, PRINCIPAL OF WHITNEY YOUNG ELEMENTARY SCHOOL, IN HER OFFICIAL CAPACITY AND INDIVIDUALLY Serve: Mary Minyard (at place of employment) Whitney Young Elementary School 3526 W. Muhammad Ali Blvd. Louisville, KY 40212 and FAITH ASHTON, IN HER OFFICIAL CAPACITY AND INDIVIDUALLY Serve: Faith Ashton (at place of employment) Whitney Young Elementary School 3526 W. Muhammad Ali Blvd. Louisville, KY 40212 and CAROLYN FASSIO, IN HER OFFICIAL CAPACITY AND INDIVIDUALLY Serve: Carolyn Fassio (at place of employment) Whitney Young Elementary School 3526 W. Muhammad Ali Blvd. Louisville, KY 40212 JEFFERSON CIRCUIT COURT DIVISION JUDGE PLAINTIFFS 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000001 of 000027 COM : 000001 of 000011
and JAHI PEAKE, IN HER OFFICIAL CAPACITY AND INDIVIDUALLY Serve: Jahi Peake (at place of employment) Whitney Young Elementary School 3526 W. Muhammad Ali Blvd. Louisville, KY 40212 and LAURIE WORKMAN, IN HER OFFICIAL CAPACITY AND INDIVIDUALLY Serve: Laurie Workman (at place of employment) Whitney Young Elementary School 3526 W. Muhammad Ali Blvd. Louisville, KY 40212 and ALLEN BAKER, IN HER OFFICIAL CAPACITY AND INDIVIDUALLY Serve: Allen Baker (at place of employment) Whitney Young Elementary School 3526 W. Muhammad Ali Blvd. Louisville, KY 40212 and THE ESTATE OF BESSIE E. WADLINGTON, IN ITS OFFICIAL CAPACITY AND INDIVIDUALLY, BY AND THROUGH THE ADMINISTRATOR, RICHARD E. WADLINGTON Serve: Richard E. Wadlington 2543 Algonquin Parkway Louisville, KY 40210 * * * * * * * * * The Plaintiff, A.A., a minor by and through her natural mother and next friend, Mary Ames, by and through counsel, and for her Complaint against the Defendants, Donna Hargans, Superintendent of Jefferson County Public Schools, individually and in her official capacity, Mary Minyard, Principal of Whitney Young Elementary School, individually and in her official capacity, Faith Ashton, individually and in her official capacity, Carolyn Fassio, individually and 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000002 of 000027 COM : 000002 of 000011 2
in her official capacity, Jahi Peake, individually and in her official capacity, Laurie Workman, individually and in her official capacity, Allen Baker, individually and in her official capacity, and the Estate of Bessie E. Wadlington, in its official capacity and individually, by and through the administrator, Richard E. Wadlington (hereinafter collectively referred to as "Defendants"), states as follows: 1. This is a case about an innocent five year old girl who was sexually assaulted twice by another child while in school at Whitney Young Elementary School. The second incident of sexual assault occurred after Whitney Young administrators purportedly put measures into place to prevent another sexual assault from happening. 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000003 of 000027 2. It was not safe for this student and likely many other students to attend Whitney Young Elementary, and because of that, the student s parents moved to Indiana where their daughter could get educated without concern of repeated sexual assault. 3. A.A. is a minor child, having been born June 5, 2010 and having no guardian, curator, or committee, sues by her mother, Mary Ames, as her mother and next friend. 4. At all times relevant herein, Mary Ames and A.A. (date of birth 6/5/10) were citizens and residents of Jefferson County, Kentucky, and I.L. was a student at Whitney Young Elementary School in Jefferson County, Kentucky. 5. Mary Ames is the natural and legal mother of A.A. 6. At all times relevant herein, Defendant Donna Hargans (hereinafter "Hargans") was the Superintendent of Jefferson County Public Schools, and is responsible, in part, pursuant to KRS 160.370, for administering, monitoring, and supervising the policies and activities involved in the Jefferson County Public Schools, including Whitney Young Elementary School. 7. Hargans is being sued in her official capacity and individually. COM : 000003 of 000011 3
8. At all times relevant herein Defendant Mary Minyard (hereinafter Minyard ) was the Principal of Whitney Young Elementary School located in Louisville, Jefferson County, Kentucky. 9. Minyard is being sued in her official capacity and individually. 10. At all times relevant herein Faith Ashton (hereinafter Ashton ) was an employee, agent, or servant of the Jefferson County Public Schools working at Whitney Young Elementary School. 11. Ashton is being sued in her official capacity and individually. 12. At all times relevant herein Carolyn Fassio (hereinafter Fassio ) was an 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000004 of 000027 employee, agent, or servant of the Jefferson County Public Schools working at Whitney Young Elementary School. 13. Fassio is being sued in her official capacity and individually. 14. At all times relevant herein Jahi Peake (hereinafter Peake ) was an employee, agent, or servant of the Jefferson County Public Schools working at Whitney Young Elementary School. 15. Peake is being sued in her official capacity and individually. 16. At all times relevant herein Laurie Workman (hereinafter Workman ) was an employee, agent, or servant of the Jefferson County Public Schools working at Whitney Young Elementary School. 17. Workman is being sued in her official capacity and individually. 18. At all times relevant herein Allen Baker (hereinafter Baker ) was an employee, agent, or servant of the Jefferson County Public Schools working at Whitney Young Elementary School. COM : 000004 of 000011 4
19. Baker is being sued in her official capacity and individually. 20. At all times relevant herein Bessie Wadlington (hereinafter Wadlington ) was an employee, agent, or servant of the Jefferson County Public Schools working at Whitney Young Elementary School. 21. Wadlington passed away on or about July 17, 2016, and on or about November 11, 2016 Richard E. Wadlington was appointed administrator of the estate of Bessie E. Wadlington. 22. The Estate of Bessie E. Wadlington, by and through the administrator, Richard E. Wadlington, is being sued in its official capacity and individually, for acts referenced herein 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000005 of 000027 taken by Wadlington in her official capacity and individually. 23. At the time of the incidents that form the basis of this complaint, Bessie E. Wadlington was insured under a liability insurance policy and/or a policy of self insurance, Plaintiff has complied with statutory requirements related to the estate before filing this matter, and said insurance is primarily labile for this claim made against the Estate of Bessie E. Wadlington, in its official capacity and individually, by and through the administrator, Richard E. Wadlington,. 24. Each Defendant had a duty, pursuant to common law and/or statute and/or other written or unwritten policies, regulations and/or rules to A.A. to exercise due care for her safety while A.A. was under their direction and control. 25. Each Defendant breached said duty, and said breach caused injury to A.A. 26. The acts and/or omissions complained of herein occurred in Louisville, Jefferson County, Kentucky and Plaintiff has been damaged in excess of the minimal jurisdictional limits of this Court. COM : 000005 of 000011 5
27. At all times relevant hereto, A.A. was a five year old student at Whitney Young Elementary School. 28. In or about January 2016, A.A. was sexually assaulted by a male student hereinafter referred to for anonymity purposes as John Doe while both students were under the supervision of certain Defendants herein. 29. Specifically, without the consent of A.A., John Doe put his hands in A.A. s pants and digitally penetrated A.A. s vagina. 30. The incident described in the foregoing numerical paragraph constitutes a sexual assault. 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000006 of 000027 31. A.A. should not have been sexually assaulted. 32. Immediately after learning of the foregoing incident, A.A. s mother Mary informed Whitney Young administration, including some or all Defendants, that A.A. had been sexually assaulted during school hours. 33. Mary was informed that A.A. was not the first female student sexually assaulted in this manner by John Doe, and that administration would assign another adult to stay with John Doe at all times to prevent him from sexually assaulting anyone else. 34. Put another way, Mary was assured that Whitney Young was a safe place for its students and that A.A. would not be sexually assaulted again. 35. Unfortunately, those assurances rang hollow. 36. A.A. was sexually assaulted again. 37. Specifically, on or about February 23, 2016, John Doe again put his hands in A.A. s pants and again digitally penetrated A.A. s vagina, again while both students were under the supervision of certain Defendants herein. COM : 000006 of 000011 6
38. The incident described in the foregoing numerical paragraph constitutes a sexual assault. 39. A.A. should not have been sexually assaulted. 40. A.A. sustained severe physical and psychological injuries as a result of the foregoing incidents. 41. The foregoing incidents of sexual assault occurred because A.A. and/or John Doe were either not being supervised or was not being supervised adequately by Defendants. 42. Pursuant to common law and/or statute and/or other written or unwritten policies, regulations and/or rules, Defendants herein had a ministerial duty to adequately supervise 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000007 of 000027 students in their charge, including A.A. 43. The conduct of Defendants was ministerial in nature, and/or was taken in bad faith, and/or was outside of the scope of their respective employment or authority, and/or violated Plaintiff s constitutional, statutory, or other well-established rights (which include but are not limited to rights contained in policies or procedures and/or case law and/or Kentucky Administrative Regulations), and/or is otherwise conduct for which Defendants are not entitled to immunity. 44. Defendants negligently and inadequately supervised A.A., thus breaching their ministerial duty. 45. Defendants had a duty to reasonably supervise A.A. while A.A. was at school to prevent A.A. from being sexually assaulted and to otherwise avoid and minimize injury to A.A., and that Defendants breached this duty. COM : 000007 of 000011 7
46. Defendants had a duty to reasonably supervise John Doe while John Doe was at school to prevent John Doe from assaulting (sexually or otherwise) other students, and Defendants breached this duty, causing harm and damages to A.A. 47. In Kentucky, a special relationship is formed between a school district and its students whereby the protective custody of teachers is mandatorily substituted for that of the parent. See Williams, et al. v. Kentucky Department of Education, et al., 113 S.W.3d 145, 148 (Ky. 2003). 48. Persons standing in a special relationship with others in their charge may be held liable for failure to protect them from harm. See Lane v. Commonwealth, 956 S.W.2d 874 (Ky. 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000008 of 000027 1997); Williams, supra. 49. Defendants had a special relationship with A.A. pursuant to the foregoing cases and their progeny. 50. Defendants special relationship with A.A., particularly when coupled with their knowledge that John Doe had a history of sexually assaulting A.A. and other female students, required them to take all reasonable steps to protect A.A. from harm, ensure A.A. s safety, and otherwise prevent A.A. from needlessly being injured and/or sexually assaulted by fellow students. 51. The Defendants herein failed to take reasonable steps to protect A.A., and Defendants took no action to prevent A.A. s injury and damages. 52. The Defendants herein further had a common law duty to A.A. requiring them to exercise reasonable care to ensure her safety while at Whitney Young Elementary School. 53. Defendants' acts and/or omissions described herein above breached their duty to exercise reasonable care to ensure A.A. s safety at Whitney Young Elementary School. COM : 000008 of 000011 8
54. Each Defendant was negligent in failing to exercise due care for A.A. s safety. 55. Each Defendant was negligent in failing to provide supervision reasonably necessary to safeguard A.A. 56. Defendants failure to appropriately supervise A.A. constituted a violation of Kentucky law, including but not limited to law regarding the general supervision of the general conduct of the schools pursuant to KRS 160.370 and law requiring the implementation and enforcement of student discipline guidelines pursuant to KRS 158.148 et seq., and Defendants are therefore negligent per se. 57. Defendants negligence per se caused A.A. to endure and will continue to endure 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000009 of 000027 in the future extensive mental and physical pain and suffering and medical expenses all in an amount sufficient to invoke the jurisdiction of this Court. 58. Plaintiff s injury was further directly and proximately caused by Defendants negligent hiring, training, supervision, and/or retention of others, including but not limited to employees, independent contractors, or volunteers. 59. As a direct and proximate result of Defendants' conduct described above, A.A. has endured and will in the future endure extensive mental and physical pain and suffering and medical expenses, all in an amount sufficient to invoke the jurisdiction of this Court. WHEREFORE Mary Ames, as Natural Mother, Next Friend, and Natural Guardian of A.A., a Minor, demand as judgment against the Defendants, Donna Hargans, Superintendent of Jefferson County Public Schools, individually and in her official capacity, Mary Minyard, Principal of Whitney Young Elementary School, individually and in her official capacity, Faith Ashton, individually and in her official capacity, Carolyn Fassio, individually and in her official capacity, Jahi Peake, individually and in her official capacity, Laurie Workman, individually and COM : 000009 of 000011 9
in her official capacity, Allen Baker, individually and in her official capacity, and the Estate of Bessie E. Wadlington, in its official capacity and individually, by and through the administrator, Richard E. Wadlington, jointly and severally, as follows: 1. Her physical injuries, past, present and future; 2. Her pain and suffering, past, present and future; 3. Her emotional distress, past, present, and future; 4. Her medical expenses, past, present, and future; 5. Any additional amounts necessary to fairly and reasonably compensate Plaintiff for the damages sustained by her herein; 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000010 of 000027 6. Trial by jury on all issues so triable; 7. Her costs herein expended, including a reasonable attorneys fee; 8. Any and all other relief to which she may be properly entitled. Respectfully submitted, A. Nicholas Naiser NAISER LAW OFFICE 600 W. Main Street, Suite 500 Louisville, Kentucky 40202 (502) 584-1210 By: /s/ A. Nicholas Naiser A. Nicholas Naiser CERTIFICATE OF SERVICE This will certify that a true copy of the foregoing has been filed electronically for service by Certified U.S. Mail to the agents for service of process listed above, on this the 4th day of January, 2017. /s/ A. Nicholas Naiser A. Nicholas Naiser COM : 000010 of 000011 10
It is further certified that a copy of the foregoing pleading was served via Certified U.S. Mail on this the 4th day of January, 2017. The following parties are hereby notified that they are parties which may take the position that they hold a lien or subrogation interest in the proceeds of this action. Pursuant to KRS 411.188, this shall serve as notification by certified mail that these parties may hold such a lien or subrogation interest, and that the failure to assert subrogation rights by intervention pursuant to Kentucky Civil Rule 24 will result in a loss of those rights with respect to any final award received by the plaintiff as a result of the action. This pleading shall serve as a certified list filed with the Court that the following parties were notified pursuant to KRS 411.188: Anthem Blue Cross Blue Shield 220 Virginia Ave. Mail-Point IN0202-B560 Indianapolis, IN 46204 /s/ A. Nicholas Naiser A. Nicholas Naiser COM : 000011 of 000011 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000011 of 000027 11
NO. A.A., a minor by and through her mother and next friend, MARY AMES -Filed Electronically- JEFFERSON CIRCUIT COURT DIVISION JUDGE PLAINTIFFS v. PLAINTIFF S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS DONNA HARGANS, et al. * * * * * * * * * DEFENDANTS The Plaintiff, by and through counsel, and for her First Set of Interrogatories and 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000012 of 000027 Requests for Production of Documents to the Defendants, Donna Hargans, Superintendent of Jefferson County Public Schools, individually and in her official capacity, Mary Minyard, Principal of Whitney Young Elementary School, individually and in her official capacity, Faith Ashton, individually and in her official capacity, Carolyn Fassio, individually and in her official capacity, Jahi Peake, individually and in her official capacity, Laurie Workman, individually and in her official capacity, Allen Baker, individually and in her official capacity, and the Estate of Bessie E. Wadlington, in its official capacity and individually, by and through the administrator, Richard E. Wadlington (hereinafter collectively referred to as "Defendants"), states as follows: INTERROGATORIES INTERROGATORY NO. 1: Please state the name, address, official position and/or job title of any and all persons who participated in preparation of the answers to these Interrogatories. INTERROGATORY NO. 2: As to Donna Hargans, please state as follows: IRPD : 000001 of 000016
(a) The inclusive dates of her employment with Jefferson County Public Schools ( JCPS ); (b) Her employment status with JCPS (i.e., hourly employee, salary employee, independent contractor, etc.); (c) Any and all job titles/duties she held during her working relationship with JCPS (including dates she held such job titles); and (d) Please describe in detail any reason why she has been demoted or promoted or terminated or suspended or reprimanded or put on leave or otherwise disciplined with regard to her employment with the JCPS, including a description of any discipline, reprimand, etc. that was instituted or undertaken. INTERROGATORY NO. 3: As to Mary Minyard, please state as follows: (a) The inclusive dates of her employment with Jefferson County Public Schools ( JCPS ); (b) Her employment status with JCPS (i.e., hourly employee, salary employee, independent contractor, etc.); (c) Any and all job titles/duties she held during her working relationship with JCPS (including dates she held such job titles); and (d) Please describe in detail any reason why she has been demoted or promoted or terminated or suspended or reprimanded or put on leave or otherwise disciplined with regard to her employment with the JCPS, including a description of any discipline, reprimand, etc. that was instituted or undertaken. INTERROGATORY NO. 4: As to Faith Ashton, please state as follows: (a) The inclusive dates of her employment with Jefferson County Public Schools ( JCPS ); (b) Her employment status with JCPS (i.e., hourly employee, salary employee, independent contractor, etc.); (c) Any and all job titles/duties she held during her working relationship with JCPS (including dates she held such job titles); and 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000013 of 000027 IRPD : 000002 of 000016 2
(d) Please describe in detail any reason why she has been demoted or promoted or terminated or suspended or reprimanded or put on leave or otherwise disciplined with regard to her employment with the JCPS, including a description of any discipline, reprimand, etc. that was instituted or undertaken. INTERROGATORY NO. 5: As to Carolyn Fassio, please state as follows: (a) The inclusive dates of her employment with Jefferson County Public Schools ( JCPS ); (b) Her employment status with JCPS (i.e., hourly employee, salary employee, independent contractor, etc.); (c) Any and all job titles/duties she held during her working relationship with JCPS (including dates she held such job titles); and (d) Please describe in detail any reason why she has been demoted or promoted or terminated or suspended or reprimanded or put on leave or otherwise disciplined with regard to her employment with the JCPS, including a description of any discipline, reprimand, etc. that was instituted or undertaken. INTERROGATORY NO. 6: As to Jahi Peake, please state as follows: (a) The inclusive dates of her employment with Jefferson County Public Schools ( JCPS ); (b) Her employment status with JCPS (i.e., hourly employee, salary employee, independent contractor, etc.); (c) Any and all job titles/duties she held during her working relationship with JCPS (including dates she held such job titles); and (d) Please describe in detail any reason why she has been demoted or promoted or terminated or suspended or reprimanded or put on leave or otherwise disciplined with regard to her employment with the JCPS, including a description of any discipline, reprimand, etc. that was instituted or undertaken. INTERROGATORY NO. 7: As to Laurie Workman, please state as follows: 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000014 of 000027 IRPD : 000003 of 000016 3
(a) The inclusive dates of her employment with Jefferson County Public Schools ( JCPS ); (b) Her employment status with JCPS (i.e., hourly employee, salary employee, independent contractor, etc.); (c) Any and all job titles/duties she held during her working relationship with JCPS (including dates she held such job titles); and (d) Please describe in detail any reason why she has been demoted or promoted or terminated or suspended or reprimanded or put on leave or otherwise disciplined with regard to her employment with the JCPS, including a description of any discipline, reprimand, etc. that was instituted or undertaken. INTERROGATORY NO. 8: As to Allen Baker, please state as follows: (a) The inclusive dates of her employment with Jefferson County Public Schools ( JCPS ); (b) Her employment status with JCPS (i.e., hourly employee, salary employee, independent contractor, etc.); (c) Any and all job titles/duties she held during her working relationship with JCPS (including dates she held such job titles); and (d) Please describe in detail any reason why she has been demoted or promoted or terminated or suspended or reprimanded or put on leave or otherwise disciplined with regard to her employment with the JCPS, including a description of any discipline, reprimand, etc. that was instituted or undertaken. INTERROGATORY NO. 9: As to Bessie Wadlington, please state as follows: (b) The inclusive dates of her employment with Jefferson County Public Schools ( JCPS ); (c) Her employment status with JCPS (i.e., hourly employee, salary employee, independent contractor, etc.); (d) Any and all job titles/duties she held during her working relationship with JCPS (including dates she held such job titles); and 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000015 of 000027 IRPD : 000004 of 000016 4
(e) Please describe in detail any reason why she has been demoted or promoted or terminated or suspended or reprimanded or put on leave or otherwise disciplined with regard to her employment with the JCPS, including a description of any discipline, reprimand, etc. that was instituted or undertaken. INTERROGATORY NO. 10: the reasonable possibility of litigation. INTERROGATORY NO. 11: Please state when the Defendants first anticipated State whether the Defendants are, or were insured under, a policy or policies of insurance, which the Defendants claim or believe may provide coverage for the claims made herein by Plaintiff, whether such coverage is primary, excess, or umbrella, or other type of coverage. If so, state for each policy that policy number, insurance carrier, type and limits of liability coverage, and whether the carrier has denied coverage and/or reserved rights. Please state whether the Defendants are self-insured and, if so, state the limits of self-insurance. INTERROGATORY NO. 12: Please describe in detail any lawsuits, court actions, administrative or board actions, or formal or informal complaints filed, made, or brought against the Defendants with regard to the issue of supervision, injury, or negligence during the normal course of the school day from 2010 through the present. Please include in your response the following: (a) The name and address of any complaining person(s); (b) Date such complaint was filed and/or brought (approximate if necessary); (c) Describe in detail what the complaint was about; 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000016 of 000027 IRPD : 000005 of 000016 5
(d) Any corrective action or affirmative steps taken by the Defendant(s); and (e) The resolution or conclusion of, or the decision regarding, any such complaint, lawsuit, action, etc. INTERROGATORY NO. 13: Please describe in detail the substance of any statements made by any of the Plaintiffs or relatives of the Plaintiffs that in any way relate to this litigation. INTERROGATORY NO. 14: Please describe with specificity any review and/or investigation conducted by the Defendants with regard to A.A., including, but not limited to, any reviews or investigations (whether formal or informal) related to the incident that is the subject matter of this litigation. Please include in your response the following: (a) The reason for such review and/or investigation, including the name and address of who instituted and/or requested such a review and/or investigation; (b) The names and addresses of any and all individuals interviewed or spoken to in regard to such review and/or investigation; (c) The name and address of any court reporter or other individual who transcribed any statements or interviews made at such an investigation and/or review; (d) The name and address of any individuals (including attorneys) who were present at or participated as a consulting party, on behalf of the Defendant with regard to the aforementioned investigation/review; and (e) The substance of any formal or informal conclusions or findings of said review/investigation; and (f) The substance of any other documents prepared in the course of said reviews or investigations. 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000017 of 000027 IRPD : 000006 of 000016 6
INTERROGATORY NO. 15: Has the Compliance and Investigations division, department, or section of JCPS created any documents referencing the allegations that A.A. was sexually assaulted or otherwise touched against her will by anyone? INTERROGATORY NO. 16: Have any of Defendants received any courses or classes or other training for its agents or employees related to the supervision of students and/or the investigation into sexual assaults committed by students? If so, please list the dates and times such classes were offered, the reason for such classes, the name and current addresses of any and 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000018 of 000027 all individuals in charge of and/or who organized such classes or other such training, and the names and addresses of the specific Defendants present at such course, class or training. INTERROGATORY NO. 17: State the names, last known address, and telephone number of any person who may have knowledge of facts material to this litigation. INTERROGATORY NO. 18: State the name, address, and telephone number of any person who may be called as a non-expert witness at the trial of this matter, including a brief synopsis of the facts known by each person listed and the testimony expected of each person. INTERROGATORY NO. 19: State the name, address, telephone number and qualifications of any person who may be called as an expert witness on behalf of the Defendants. For each person so identified, state the subject matter to which the expert witness is expected to IRPD : 000007 of 000016 7
testify, a synopsis of the facts and opinions that he/she is expected to testify to, and a summary of the ground for each such opinion held. INTERROGATORY NO. 20: Please identify any and documents or other tangible things (such as computer records) which reflect that Plaintiffs have failed to mitigate their damages. INTERROGATORY NO. 21: Please identify any and all exhibits, demonstrative evidence, or other documentary evidence, that Defendants intend to utilize at the trial of this 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000019 of 000027 matter. INTERROGATORY NO. 22: Please identify any and all documents which relate in any way to the incident that is the subject matter of this litigation, including but not limited to any investigatory materials prepared regarding the incident that is the subject matter of this litigation, any statements made by or taken by any employees of JCPS, any other statements made by any other persons, and any correspondence (including but not limited to letters, memos, faxes, and emails) regarding the incident that is the subject matter of this litigation. INTERROGATORY NO. 23: Please identify by name any and all individuals who supervised or watched A.A. at any time on February 23, 2016, and state which of these individuals (if any) witnessed the individual identified as John Doe in the Complaint place his hands in A.A. s pants. IRPD : 000008 of 000016 8
INTERROGATORY NO. 24: Please identify by name any and all individuals who supervised or watched A.A. at any time on the day in January 2016 on which she was first sexually assaulted by the individual identified as John Doe in the Complaint, and state which of these individuals (if any) witnessed the individual identified as John Doe in the Complaint place his hands in A.A. s pants. INTERROGATORY NO. 25: Please state the date on which each Defendant first learned of allegations that the individual identified as John Doe in the Complaint either sexually assaulted A.A. or placed his hands inside of A.A. s pants, and please state how each Defendant 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000020 of 000027 acquired such knowledge. INTERROGATORY NO. 26: Please identify by name any and all individuals who ever witnessed or heard of the individual identified as John Doe in the Complaint either sexually assaulting other students or placing his hands inside of another student s pants. For each individual identified, state how that individual acquired such knowledge, and when that individual acquired such knowledge. REQUEST FOR PRODUCTION OF DOCUMENTS RPOD 1: Please produce a copy of the entire employee file and/or personnel file and/or any file materials or other documents in the possession, custody, or control of the Defendants or JCPS regarding Donna Hargans. Designate by name and address, the official custodian of any such personnel file and/or employee file and/or file materials or other documents. IRPD : 000009 of 000016 9
RPOD 2: Please produce a copy of the entire employee file and/or personnel file and/or any file materials or other documents in the possession, custody, or control of the Defendants or JCPS regarding Mary Minyard. Designate by name and address, the official custodian of any such personnel file and/or employee file and/or file materials or other documents. RPOD 3: Please produce a copy of the entire employee file and/or personnel file and/or any file materials or other documents in the possession, custody, or control of the 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000021 of 000027 Defendants or JCPS regarding Faith Ashton. Designate by name and address, the official custodian of any such personnel file and/or employee file and/or file materials or other documents. RPOD 4: Please produce a copy of the entire employee file and/or personnel file and/or any file materials or other documents in the possession, custody, or control of the Defendants or JCPS regarding Carolyn Fassio. Designate by name and address, the official custodian of any such personnel file and/or employee file and/or file materials or other documents. RPOD 5: Please produce a copy of the entire employee file and/or personnel file and/or any file materials or other documents in the possession, custody, or control of the Defendants or JCPS regarding Jahi Peake. Designate by name and address, the official custodian of any such personnel file and/or employee file and/or file materials or other documents. IRPD : 000010 of 000016 10
RPOD 6: Please produce a copy of the entire employee file and/or personnel file and/or any file materials or other documents in the possession, custody, or control of the Defendants or JCPS regarding Laurie Workman. Designate by name and address, the official custodian of any such personnel file and/or employee file and/or file materials or other documents. RPOD 7: Please produce a copy of the entire employee file and/or personnel file and/or any file materials or other documents in the possession, custody, or control of the 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000022 of 000027 Defendants or JCPS regarding Allen Baker. Designate by name and address, the official custodian of any such personnel file and/or employee file and/or file materials or other documents. RPOD 8: Please produce a copy of the entire employee file and/or personnel file and/or any file materials or other documents in the possession, custody, or control of the Defendants or JCPS regarding Bessie Wadlington. Designate by name and address, the official custodian of any such personnel file and/or employee file and/or file materials or other documents. RPOD 9: Please produce a copy of any and all documents and tangible things, including performance appraisals or discharge notices or documents or disciplinary documents or documents or tangible things reflecting any fraud or deception or unlawful or inappropriate activity of Donna Hargans, Mary Minyard, Faith Ashton, Carolyn Fassio, Jahi Peake, Laurie IRPD : 000011 of 000016 11
Workman, Allen Baker, and/or Bessie Wadlington that are not contained in or were not produced in response to to the previous requests for production. Designate by name and address, the official custodian of any such documents. RPOD 10: Please produce copies of any and all documents or tangible things relating to any investigation by the Defendants or JCPS, and/or effective or appropriate corrective action taken by, and/or conclusions of, the Defendants or JCPS, as such relates to any review or investigation as described in the Defendants response to Interrogatories. This request includes but is not limited to a request for any documentation whatsoever received, generated, or prepared 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000023 of 000027 by JCPS Compliance and Investigations or any other unit or division within JCPS. Designate by name and address the official custodian of any such documents. RPOD 11: Please produce copies of any all policies and procedures, manuals, guidelines, statutes, regulations, employee handbooks or other documents that are published by, disseminated by, or applicable to Defendants or JCPS, reflecting any policy on student supervision or discipline, including but not limited to supervision of children during testing. This specifically includes but is not limited to a request for any documents, guidelines, or policies created pursuant to KRS 158.148. Please limit your response to documents in force and effect from 2010 to the present. Please state the name and address, and the official custodian of any such policies, procedures, etc. RPOD 12: Please produce copies of any all policies and procedures, manuals, guidelines, statutes, regulations, employee handbooks or other documents that are published by, IRPD : 000012 of 000016 12
disseminated by, or applicable to Defendants or JCPS, reflecting any policy regarding the receipt or processing of complaints made by students, including but not limited to complaints regarding the behavior of other students. Please limit your response to documents in force and effect from 2010 to the present. Please state the name and address, and the official custodian of any such policies, procedures, etc. RPOD 13: Please produce a copy of any all statements previously made by the Plaintiffs including, but not limited to, any written statements signed or otherwise adopted or approved by the Plaintiffs, any stenographic, audio tapes, electrical types of recordings or any 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000024 of 000027 other transcription of any statement made by the Plaintiffs at any time. RPOD 14: Please produce a curriculum vitae or resume of each individual whom the Defendants may call as an expert witness at the trial of this matter. RPOD 15: Please produce copies of any and all exhibits, documentary evidence, or demonstrative evidence which the Defendants intend to rely on and/or utilize at the trial of this matter. This includes, but is not limited to, any videotapes or audiotapes in the possession, custody, or control of the Defendants or any agent, servant, or employee, thereof. RPOD 16: Please produce copies of any all charts, drawings, sketches, diagrams, pictures, videos, etc. in the possession of the Defendants or its attorneys, or other agents or employees or servants of the Defendants, that in any way relate to the Plaintiffs claims or the defenses in this action. IRPD : 000013 of 000016 13
RPOD 17: Please produce a copy of any insurance policy or policies, including declarations pages that may provide coverage to the Defendants with regard to this lawsuit. RPOD 18: Please produce copies of any all policies and procedures, manuals, guidelines, statutes, regulations, employee handbooks or other documents published by, disseminated by, or applicable to Defendants or JCPS, reflecting any policy or procedure regarding on the supervision of A.A., the supervision of the student identified as John Doe in the complaint, and/or the supervision of students in like or similar circumstances as A.A. or John 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000025 of 000027 Doe. Please limit your response to documents in force and effect from 2010 to the present. Please state the name and address, and the official custodian of any such policies, procedures, etc. RPOD 19: Please provide a copy of any correspondence between or among Defendants or any JCPS employee or representative and any of A.A. s relatives (including but not limited to Mary Ames), including but not limited to letters, memoranda, faxes, emails, and text messages. RPOD 20: Please provide a copy of any and all educational records or files maintained regarding A.A., including but not limited to any records or documents that relate to A.A. s school performance and disciplinary history (if any). IRPD : 000014 of 000016 14
RPOD 21: Please provide a copy of any and all educational records or files maintained regarding the student identified in the Complaint as John Doe, including but not limited to any records or documents that reference A.A. or that relate to inappropriate sexual conduct committed by John Doe. RPOD 22: Please produce a copy of any and all documents described, referred to, or referenced in your response to Interrogatory Nos. 13, 14, 15, and 22. This request includes but is not limited to a request for any statements (original, supplemental, and/or amended) made by students involved in and/or who witnessed and/or who were interviewed regarding the incident 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000026 of 000027 that is the subject matter of this litigation. RPOD 23: Please provide a copy of any and all correspondence, including but not limited to emails, between employees of JCPS and anyone else in which the allegations made by A.A. or the student identified as John Doe in the Complaint are raised or referenced in any way. This request does not include a request for such correspondence between employees of JCPS the lawyers who represent the JCPS employees in this action. RPOD 24: Please provide a copy of any policies, procedures, guidelines, or rules addressing investigations performed by employees JCPS into 1) allegations of student injuries, 2) allegations that a JCPS employee was not adequately supervising a student or students, or 3) allegations that any JCPS employee did anything inadequately, improperly, incorrectly, or negligently. This includes but is not limited to a request for any policies that apply to investigations performed by the Compliance and Investigations unit of JCPS. IRPD : 000015 of 000016 15
RPOD 25: Provide a copy of any and all documents that relate in any way to any interactions at any time between A.A and the student identified in the Complaint as John Doe. RPOD 26: Please produce a copy of any and all documents referred to, relied upon, or referenced in responding to the above interrogatories and requests for production of documents. Respectfully submitted, A. Nicholas Naiser NAISER LAW OFFICE 600 W. Main Street, Suite 500 Louisville, Kentucky 40202 (502) 584-1210 By: /s/ A. Nicholas Naiser A. Nicholas Naiser CERTIFICATE OF SERVICE This will certify that a true copy of the foregoing has been filed electronically for service by the Court upon the agents for service of process listed in the complaint, on this the 4th day of January, 2017. /s/ A. Nicholas Naiser A. Nicholas Naiser 0058BA77-6D8D-4916-9588-16B52C1A8511 : 000027 of 000027 IRPD : 000016 of 000016 16