University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Junior Doe v. Allentown School District ED-PA-0008
Docket / Court 2:06-cv-01926-PD ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Education
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On May 5, 2006, plaintiffs, individually and on behalf of their children, filed a complaint in the United States District Court for the Eastern District of Pennsylvania under state and federal law against Allentown School District, Lehigh Valley Hospital, Inc. and various other parties including a ... read more >
On May 5, 2006, plaintiffs, individually and on behalf of their children, filed a complaint in the United States District Court for the Eastern District of Pennsylvania under state and federal law against Allentown School District, Lehigh Valley Hospital, Inc. and various other parties including a minor student. Represented by private counsel, plaintiffs asked the Court for damages and declaratory and injunctive relief, claiming that, as six- and seven-year-old students, they were sexually assaulted by the defendant minor student in the bathrooms at Central Elementary School during the 2003-2004 school year, and that the school district officials failed to provide to plaintiffs adequate levels of protective services, procedures, and policies.

The Court (Judge Thomas M. Golden) issued an opinion granting in part and denying in part defendants' motions to dismiss on September 21, 2007. Junior Doe v. Allentown Sch. Dist., No. 06-1926, 2007 WL 2814587 (E.D. Pa. Sep. 24, 2007). Soon thereafter, the Court (Magistrate Judge Arnold C. Rapoport) denied the defendant minor student's motion for a protective order to preclude plaintiffs' counsel from disclosing defendant's records. Junior Doe v. Allentown Sch. Dist., No. 06-1926, 2008 WL 5111917 (E.D. Pa. Dec. 2, 2008).

Plaintiffs later amended their complaint, adding an additional party plaintiff on February 26, 2009; the Court (Judge Golden) granted in part and denied in part other requests in plaintiffs' amended complaint. Junior Doe v. Allentown Sch. Dist., No. 06-1926, 2009 WL 536671 (E.D. Pa. Mar. 2, 2009). On April 21, 2009, Plaintiffs filed their final amended complaint to include an additional minor plaintiff and a sex discrimination claim pursuant to Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681.

The Civil Rights Division of the U.S. Department of Justice ("DOJ") filed a motion for leave to intervene solely against ASD pursuant to Title IX on June 18, 2009, which the Court granted. Junior Doe v. Allentown Sch. Dist., No. 06-1926, 2009 WL 2058726 (E.D. Pa. Jul. 8, 2009). The DOJ alleged that sexual assaults occurred at ASD on at least five separate occasions; that ASD was made aware of each incident immediately after it occurred; and that despite this notice, ASD did not take appropriate action, and in some circumstances took no action, to prevent the harassment from recurring. The DOJ alleged, in addition, that, both before and after the sexual harassment of the students, ASD failed to adopt and implement adequate and effective sexual harassment policies and procedure as required by federal law; and that, had ASD adopted and implemented such policies and procedures, ASD would have prevented the continued sexual assault of students. Id.

The plaintiffs filed their final amended complaint, adding another minor plaintiff as a party, on August 3, 2011. The Court (Judge Paul S. Diamond) dismissed LVH without prejudice on January 20, 2012 and severed plaintiffs' lawsuit from plaintiff-intervenors' lawsuit on March 13, 2012. The plaintiffs' claims against ASD were dismissed without prejudice in an order acknowledging but not specifying the terms of parties' settlement by the Court (Judge Diamond) on July 16, 2012.

On July 31, 2012, the court approved a consent decree between the DOJ and ASD providing for substantial systemic relief. The case was terminated on July 16, 2012.

Heather Turner - 06/03/2014


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Goals and Timekeeping
Implement complaint/dispute resolution process
Monitor/Master
Monitoring
Recordkeeping
Reporting
Defendant-type
Elementary/Secondary School
Discrimination-basis
Age discrimination
Race discrimination
Sex discrimination
General
Access to lawyers or judicial system
Assault/abuse by residents/inmates/students
Communication skills
Counseling
Failure to discipline
Failure to supervise
Failure to train
Funding
Record-keeping
Staff (number, training, qualifications, wages)
Plaintiff Type
Private Plaintiff
U.S. Dept of Justice plaintiff
Race
Black
Race, unspecified
Type of Facility
Government-run
Causes of Action Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
State law
42 U.S.C. § 1983
Defendant(s) Allentown School District
Plaintiff Description Plaintiffs: John and Jane Does, individually and on behalf of minor sons, Junior Does; plaintiff-intervenor: Civil Rights Division of the U.S. Department of Justice
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2012 - 2015
Case Closing Year 2012
Case Ongoing Yes
Additional Resources
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Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

Links Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance
http://www2.ed.gov/about/offices/list/ocr/index.html
Posted: Sep. 17, 2008
By: United States Department of Education—Office of Civil Rights (U.S. Department of Justice)
[ Detail ] [ External Link ]

Docket(s)
2:06−cv−01926 (E.D. Pa.) 07/12/2013
ED-PA-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Demand for Jury Trial 05/05/2006
ED-PA-0008-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion & Order [Granting in Part and Denying in Part Defendants' Motions to Dismiss] 09/21/2007 (2007 WL 2814587 / 2007 U.S.Dist.LEXIS 70355) (E.D. Pa.)
ED-PA-0008-0009.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion & Order [Denying Plaintiffs’ Motion for Reconsideration] 09/23/2008 (2008 WL 4427136 / 2008 U.S.Dist.LEXIS 74513) (E.D. Pa.)
ED-PA-0008-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Denying Defendant F.H.'s Request for Protective Order] 12/02/2008 (2008 WL 5111917 / 2008 U.S.Dist.LEXIS 97609) (E.D. Pa.)
ED-PA-0008-0008.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Granting in Part and Denying in Part Plaintiffs' Motion for Leave to File a Second Amended Complaint] 02/26/2009 (72 Fed.R.Serv.3d 1021) (E.D. Pa.)
ED-PA-0008-0010.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion [Granting U.S.'s Motion for Leave to Intervene] 07/08/2009 (2009 WL 2058726 / 2009 U.S.Dist.LEXIS 59042) (E.D. Pa.)
ED-PA-0008-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third [Final] Amended Complaint and Demand for Jury Trial 07/13/2011
ED-PA-0008-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 07/30/2012 (E.D. Pa.)
ED-PA-0008-0005.pdf | Detail
Document Source: U.S. DOJ, Civil Rights Division, Education Section
Judges Diamond, Paul Steven (E.D. Pa.)
ED-PA-0008-0005 | ED-PA-0008-9000
Golden, Thomas M. (E.D. Pa.)
ED-PA-0008-0006 | ED-PA-0008-0007 | ED-PA-0008-0009 | ED-PA-0008-0010 | ED-PA-0008-9000
Rapoport, Arnold C. (E.D. Pa.) [Magistrate]
ED-PA-0008-0008 | ED-PA-0008-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bhargava, Anurima (District of Columbia)
ED-PA-0008-0005
Brown, Allison R. (District of Columbia)
ED-PA-0008-9000
Bruno, Charles (Pennsylvania)
ED-PA-0008-0002 | ED-PA-0008-9000
Devine, Kathleen Susan (District of Columbia)
ED-PA-0008-9000
Foster Givhan, Annetta (Pennsylvania)
ED-PA-0008-0005 | ED-PA-0008-9000
Frizzelle, Amanda Downs (District of Columbia)
ED-PA-0008-9000
Levy, Michael L. (Pennsylvania)
ED-PA-0008-9000
Memeger, Zane D. (Pennsylvania)
ED-PA-0008-0005
Michaud, Melissa Julia (District of Columbia)
ED-PA-0008-0005 | ED-PA-0008-9000
Murphy, Nicholas U. (District of Columbia)
ED-PA-0008-9000
Perez, Thomas E. (District of Columbia)
ED-PA-0008-0005
Pfeiffer, James L. (Pennsylvania)
ED-PA-0008-0002 | ED-PA-0008-9000
Rush, Blake William (Pennsylvania)
ED-PA-0008-0001 | ED-PA-0008-0002 | ED-PA-0008-9000 | ED-PA-0008-9000
Schurdak, Ellen C. (Pennsylvania)
ED-PA-0008-9000
Wilhelm, Scott M. (New Jersey)
ED-PA-0008-0001 | ED-PA-0008-9000
Defendant's Lawyers Brown, Stephen D. (Pennsylvania)
ED-PA-0008-9000
Fisher, Marc S. (Pennsylvania)
ED-PA-0008-9000
Freund, John E. III (Pennsylvania)
ED-PA-0008-0005 | ED-PA-0008-9000
Guanowsky, Glenn (Pennsylvania)
ED-PA-0008-9000
Hoffman, Steven E. (Pennsylvania)
ED-PA-0008-9000
Kircher, Philip G. (Pennsylvania)
ED-PA-0008-9000
Kollet, Catherine L. (Pennsylvania)
ED-PA-0008-9000
McConnell, Sean Patrick (Pennsylvania)
ED-PA-0008-9000
Olexa, Georgine A. (Pennsylvania)
ED-PA-0008-9000
Ralston, Andrew H. (Pennsylvania)
ED-PA-0008-9000
Sprague, Peleg (Massachusetts)
ED-PA-0008-9000
Sprague, Jonathan B. (Pennsylvania)
ED-PA-0008-9000
Stevens, Richard F. (Pennsylvania)
ED-PA-0008-9000
Stevens, Howard S. (Pennsylvania)
ED-PA-0008-9000
Wise, Tamar S. (Pennsylvania)
ED-PA-0008-9000
Other Lawyers Caffrey, Thomas M. (Pennsylvania)
ED-PA-0008-9000
Daley, Michael P (Pennsylvania)
ED-PA-0008-9000
Kelly, Elizabeth M. (Pennsylvania)
ED-PA-0008-9000

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