10 u 2 43 u 1s 16 ay 18 19 20 2 23 24 S OFFIC. CHARLES A. BONNER, ESQ. SB# 85413 = Pro Hac Vice, Pending UIC MAY -7 PH I2: 03 ‘A. CABRAL BONNER, ESQ. 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 Pro Hac Vice, Pending ‘THE RYDER LAW FIRM JESSE P. RYDER, ESQ. 6739 MYERS RD EAST SYRACUSE, NY 13057 TEL: (315) 382-3617 FAX: (15) 295-2502 ATTORNEYS FOR PLAINTIFFS RODNEY KIM, SR, MARY KIM, MARY KIM GUARDIAN AD LITEM FOR R. K. JR, MINOR CLAIM AGAINST MOBILE COUNTY PUBLIC SCHOOLS SYSTEM. AND MOBILE COUNTY BOARD OF SCHOOL COMMISSIONERS UNITED STATES FEDERAL DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA NOTICE OF CLAIM Alabama Code Title 11. Counties and Municipal Corporations § 11-47-23 FEDERAL CLAIMS 1. Violation Of Title IX Civil Right (42 U.S.C. § 1983-) 2. Violation of Fourth Amendment of U.S. Constitution-Seizure RODNEY K. SR. MARY K., MARY K. GUARDIAN AD LITEM FOR R. K. JR, MINOR, Plaintiffs, vs. MOBILE COUNTY BOARD OF EDUCATION; DOUGLAS HARWELL IR. , In His Individual Capacity-DISTRICT 26 20 20 3 Ss Constitution--Liberty Interest Civil Rights (42 U.S.C. § 1983-) 4, Monel Claim Against Mobile County Board Of Edueation (42 I; DON STRINGFELLOW, In His Individual Capacity - DISTRICT I; REGINALD CRENSHAW, In His Individual Capacity - DISTRICT II; 2 2 ) ) 2 2 2 2d ) q ) 2 CLAIMS RODNEY KIM, SR, MARY KIM, MARY KIM GUARDIAN AD LITEM FOR R. K. JR, MINOR.10 a a2 13 1e 18 16 ” 18 19 20 a 22 23 2a 25 26 20 ROBERT BATTLES , Jn His Individual) US.C. 1983 Capacity - DISTRICT IV; WILLIAM FOSTER, In His Individual Capacity — 3 STATE CLAIMS DISTRICT V; SUPERINTENDENT ) 5. Violations of Alabama Code Title MARTHA L. PEEK, In Her Individual) 16. Education § 16-1-23 “Anti Capacity; PRINCIPAL, LEWIS Hazing” Law COPELAND, In His Individual Capacity; & Asani COACHES FRED RILEY, In His 5 8. False Imprisonment Individual Capacity ; BOBBY J. POPE, In 9. Intention Infliction of Emotion] His Individual Capacity; MILLER, In His) Distress; an Individual Capacity ; REEVES, In His 3 10. Neal gence re Se-Violation Individual Capacity; EUBANKS, In His fi Rel cp eoak Individual Capacity; and Does 1-100, } ‘pene eee eee 12. Premise Liability efendantay: 13. Negligent Training, Hi Retention, And Supervis 14, Respondeat Superior ) Mobile County Public School ¥ System; 15. Violation of Education Code Safety} Laws- Section 16-1-24.1 In Loco Parentis ) 16. DECLARATORY AND } INJUNCTIVE RELIEF ) JURY TRIAL DEMANDED ) ) GS MOBILE COUNTY PUBLIC SCHOOLS SYSTEM, AND MOBILE COUNTY BOARD OF SCHOOL COMMISSIONERS 1, THE NAME AND ADDRESS OF CLAIMANT: RODNEY K, SR, MARY K. MARY K. GUARDIAN AD LITEM FOR R. K. JR, MINOR 7155 Pierson Dr. Mobil, AL 36619 2. A COMMUNICATIONS REGARDING THIS CLAIM SHOULD BE SENT TO CLAIMANT'S ATTORNEYS: 3. THE NATURE OF THE CLAIM Plaintiffs present CLAIMS for personal injuries, losses, damages and harms, lost income, medical costs, violations of civil and constitutional rights Pursuant to Alabama Code Title 11, Counties and Municipal Corporations § 11-47-23, providing” “All claims against the municipality (except bonds and interest coupons and claims for damages) shail be presented to the clerk for payment within two years from the accrual of CLAIMS RODNEY KIM, SR, MARY KIM, MARY KIM GUARDIAN AD LITEM FOR R. K. JR, MINOR. |10 aa 2 as 16 ay 18 19 20 2a 22 said claim or shall be barred. Claims for damages growing out of torts shall be presented within six months from the accrual thereof or shall be barred.’ CLAIMS are listed as Claims above on the Caption of this Notice of Claim, 4. THE TIME WHEN, THE PLACE WHERE, AND THE MANNER IN WHICH THE CLAIM AROSE: See Statement of Facts Below. 5. THE ITEMS OF DAMAGE AND INJURIES SUSTAINED: 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, andl misery. The injuries, illnesses and harms caused, and continue to cause, Plaintiff R.K.JR 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, 6, DEMAND FOR RESOLUTION OF CLAIM: MONETARY: ‘A. $6,000,000 as and for Compensation for R. K., JR. Deprivation of Civil Rights, personal injuries, and harms against all DEFENDANTS; B. $3,000,000 as and for Compensation for PLAINTIFF MARY K. Deprivation of Civil Rights, personal injuries, and harms against all DEFENDANTS; and C. $3,000,000 as and for Compensation for PLAINTIFF RODNEY K. SR. Deprivation of Civil Rights, personal injuries, and harms against all DEFENDANTS. 7, STATEMENT OF FACTS “Getting your ass beat just part of da culture. EVERYBODY go thru Dat s—it been going on for years” 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| CLAIMS RODNEY KIM, SR, MARY KIM, MARY KIM GUARDIAN AD LITEM FOR R. K. JR, MINOR. Tris Friday, April 27, 2018; ayo in the aftermoorr at Davicisor Hight Schvot:——j-——10 a 2 43 u 15 19 20 aa 22 23 26 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 are going to get you too!” RK. JR i ‘thinking about the attack on the new players the day before when the older players attacked| Reggie, a new 11" grader players, hitting him with shoulders pads and belts, and calling him] “Fruit Fruit”. The older players repeatedly hit, beat, and strike Reggie causing bruise to his body. This eating the day before is playing over in R.K.Jr.’s mind. Fearing an attack, RK. 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.KJR., picking him up off the ground, and! throws him inside the locker room. Twenty (20) 10" and 11" boys are now pouncing, punching, pushing, kicking R.K. JR., repeatedly, continuously and unrelentingly. Video tape recording shows 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 al gang of 20 older football players. The boys deliberately target R.K. JR.’S right arm, hi throwing arm, and twist his arm behind his back, while another boy jumps down, like professional T.V. Wrestler, on R.K.JR.’S arm, breaking his arm. Coach Riley admits hq knew of other attacks, admitting his knowledge of “rough housing” in the locker room. R. K. JR. 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 MOBIL 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. This-year-there-have-been-atleast-6-to-7-additional_attacks-on-younger,-weaker players,|__ 26 20 28 called “Fruit-Fruit” by older player during the vicious assaults. “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-go feet CLAIMS RODNEY KIM, SR, MARY KIM, MARY KIM GUARDIAN AD LITEM FOR R. K. JR, MINOR.10 nL a2 3 22 23 24 25 of the loud, savage attack, turned his back on the violent “initiation,” and Mobile Count Schoo] District Superintendent Martha Peek sat in silence for days, DEFENDANTS school employees falsely reported to the parents that R.KJR. had been| injured during football practice, concealing the true facts 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 on and a half hours away and refused to inform the father 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 alon outside the school. All the school officials had left and failed to call the police and 911 to| report this crime and injuries. LEGAL CAUSES OF ACTION Alabama Code Title 16. Education § 16-1-23 ALABAMA HAZING PROHIBITION LAW Definition (2) Hazing is defined as follows: (2) Any willful action taken or situation created, whether on or off any school, college, university, or 5, which recklessly or intentionally endangers the mental or physical health other educational pre 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, 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 this section producing any of the results to such student as define Contrary Definition (does not include) (a)(3) The term hazing as defined in this section does not include customary athletic events or similar -ontests or competitions, and is limited to those actions taken and situations created in connection 26 2 28 with initiation into or affiliation with any organization. The term hazing does not include corporal ered by officials or employees of public schools when in accordance with policies adopted by local boards of education. CLAIMS RODNEY KIM, SR, MARY KIM, MARY KIM GUARDIAN AD LITEM FOR R. K. JR, MINOR.10 u 12 a5 16 a rr] a9 20 aa 22 23 24 26 21 28 (b) No person shall engage in what is commonly known and recognized as hazing, or encourage, aid, or assist any other person thus offending, (©) 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 (@) Any person who shall commit the offense of hazing shall be guilty of a Class C misdemeanor as defined by Title 13. Other Sanctions (©) 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, FEDERAL CLAIMS 1. Violation Of Title IX Civil Rights (42 U.S.C. § 1983-) 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 immunities secured jon and laws, shall be liable to the party injured in an action at law, suit in equity, by the Constit ‘or other proper proceeding for redress” Title IX states: “No person in the United States shall, on the basis of sex, be excludec education program or activity receiving Federal financial assistance.” CLAIMS RODNEY KIM, SR, MARY KIM, MARY KIM GUARDIAN AD LITEM FOR R. K. JR, MINOR.10 u 2 3 u 18 16 ae as 20 2a 22 23 24 Davis v. Monroe County Bd. of Educ. Supreme Court of the United States, May 24, 1999 526 U.S, 629 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 objectivel; offensive that victim's access to educational benefit was barred. Defendants protects 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. ‘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, Where the misconduct occurs during school hours and on school grounds, th 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 th 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. - 2. Violation of Fourth Amendment of U.S. Constitution-Prohibit Seizure of the person. 3. Fourteenth Amendment of U.S. Constitution—Liberty Interest Civil Rights (42 U.S.C. §| 1983-) Plaintiff R. K. JR. has a Liberty interest under the Fourteenth Amendment of the U.S. Constitution to body integrity and safety. Plaintiffs parents have a 14" Amendment Liberty interest to make decisions about their child’s education, health and safety. Defendants, and each of them, stole, deprive, took the Parents Liberty interest rights awa by concealing, hiding, and covering up ther policy, practice and custom of promoting, encouraging, authorizing and permitting “hazing” on the premises of the school campus Defendants violated the 14"" Amendment rights of Plaintiffs. 4, Monel Claim Against Mobile County Board Of Edueation (42 U.S.C, 1983) 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| 26 27 28 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 8. Ct. 1382, 137 L. CLAIMS RODNEY KIM, SR, MARY KIM, MARY KIM GUARDIAN AD LITEM FOR R. K. JR, MINOR.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 sho 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 plainti 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. 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 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 constructiv knowledge of the practice to policymaking officials; and (4) a failure by policymakers to train of 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, a ag |]371 F. Supp. 2d 183, 194 (N.D.N.Y. 2005) (citing Monell, 436 U.S at 690, Pembaur v. City 0 11 || Cincinnati, 475 U.S. 469, 483-84 (1986), and City of Canton v. Harris, 489 U.S. 378, 388 xe |} (1989) 1 Here, DEFENDANTS, and each of them, maintained a policy, practice and custom o! 20 ||promoting, encouraging, authorizing and permitting “hazing” on the premises of the school 2; ||campus. Defendants violated the 14!" Amendment and other U.S. Constitutional rights o! 22 || Plaintiffs. ‘STATE CLAIMS 2 Defendants Conduct, Actions And Inactions Violated Each Of The Following State 24 Laws: 25 26 || 5: Violations of Alabama Code Title 16. Education § 16-1-23 “Anti-Hazing” Law 6. Assault; 7. Batter calle False Imprisonment 29 || 9. Intention Infliction of Emotion Distress; CLAIMS RODNEY KIM, SR, MARY KIM, MARY KIM GUARDIAN AD LITEM FOR R. K. JR, MINOR.10 u aw 13 16 18 7 18 a9 20 a 22 23 24 10. Negligence Per Se-Violation of Ant lazing Law 11. Negligent Infliction of Emotional Distress 12. Premise Liability 13. Negligent Training, Hiring, Retention, And Supervision; 14, Respondeat Superior Liability of Mobile County Public School System; 15. Violation of Education Code Safety Laws- Section 16-1-24.1 In Loco Parentis 16, DECLARATORY AND INJUNCTIVE RELIEF PRAYER FOR RELIEF 1. Forspecial and economic damages, including lost wages, for all Claims For general and non-economic damages for all Causes of Action; 3. For prejudgment interest at the prevailing legal rate; 4, For costs of the suit including reasonable attomey’s fees; and 5. For such other and further relief, including injunctive relief, as the Court may deem proper. Dated: Monday, May 07, 2018 RESPECTFULLY SUBMITTED, Charles A. Bonner, Attorney for RODNEY K. SR., MARY K., MARY K. D LITEM FOR R. K. JR, Kee P. Ryder, Esq., Pro Hac Vice Pending ‘Attorney for RODNEY K. SR., MARY K., MARY K. GUARDIAN AD LITEM FOR R. K. JR, MINOR. 26 20 28 CLAIMS RODNEY KIM, SR, MARY KIM, MARY KIM GUARDIAN AD LITEM FOR R. K. JR, MINOR.