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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 against Allentown School District ("ASD"), Lehigh Valley Hospital, Inc. ("LVH"), and various other parties including a minor ... 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 against Allentown School District ("ASD"), Lehigh Valley Hospital, Inc. ("LVH"), and various other parties including a minor student. The plaintiffs alleged they were sexually harassed at school and that the district officials failed to provide the plaintiffs, six- and seven-year-old African American students, with the same adequate levels of protective services, procedures, and policies they provided to other students. Represented by private counsel, the plaintiffs alleged the defendants' actions violated their Due Process and Equal Protection rights under the Fourteenth Amendment, 42 U.S.C. §§ 1981, 1983, 1985, 1986, and 1988, and various state law claims such as intentional infliction of emotional distress and negligent infliction of emotional distress. The plaintiffs sought compensatory and injunctive relief.

On September 21, 2007, the Court (Judge Thomas M. Golden) issued an opinion granting defendants' motion to dismiss the plaintiffs' claims under 42 U.S.C. §§ 1981, 1985, and 1986, and the Equal Protection Clause, as well as the plaintiffs' claims of negligent infliction of emotional distress as to the employees of Allentown School District and Lehigh Valley Hospital and intentional infliction of emotional distress as to Allentown School District. 2007 WL 2814587. The Court (Judge Thomas M. Golden) denied the plaintiffs' motion to reconsider the previous dismissal of their Equal Protection Clause claims on September 23, 2008. 2008 WL 4427136.

On April 21, 2009, Plaintiffs filed an 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. 2009 WL 2058726. The DOJ alleged that sexual harassment 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 harassment 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 the parties' settlement by the Court (Judge Diamond) on July 16, 2012.

On July 30, 2012, the court approved a consent decree between the DOJ and ASD providing for substantial systemic relief, including the creation and implementation of new sexual harassment policies and age-appropriate sexual harassment training for students, parents, and staff. Effective July 30, 2015, the consent decree was extended until July 30, 2016. The consent decree was extended for an additional year on August 17, 2016.

There has been no additional activity, and the case now appears closed.

Heather Turner - 06/03/2014
Mackenzie Walz - 11/08/2017


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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 42 U.S.C. § 1983
State law
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Defendant(s) Allentown School District
Lehigh Valley Hospital. Inc. (def)
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
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2012 - 2017
Filing Year 2006
Case Closing Year 2016
Case Ongoing No
Docket(s)
2:06−cv−01926 (E.D. Pa.)
ED-PA-0008-9000.pdf | Detail
Date: 01/13/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Demand for Jury Trial [ECF# 1]
ED-PA-0008-0001.pdf | Detail
Date: 05/05/2006
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion & Order [Granting in Part and Denying in Part Defendants' Motions to Dismiss] [ECF# 79] (2007 WL 2814587 / 2007 U.S.Dist.LEXIS 70355) (E.D. Pa.)
ED-PA-0008-0009.pdf | WESTLAW| LEXIS | Detail
Date: 09/21/2007
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion & Order [Denying Plaintiffs’ Motion for Reconsideration] [ECF# 110] (2008 WL 4427136 / 2008 U.S.Dist.LEXIS 74513) (E.D. Pa.)
ED-PA-0008-0007.pdf | WESTLAW| LEXIS | Detail
Date: 09/23/2008
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Denying Defendant F.H.'s Request for Protective Order] [ECF# 113] (2008 WL 5111917 / 2008 U.S.Dist.LEXIS 97609) (E.D. Pa.)
ED-PA-0008-0008.pdf | WESTLAW| LEXIS | Detail
Date: 12/02/2008
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] [ECF# 117] (72 Fed.R.Serv.3d 1021) (E.D. Pa.)
ED-PA-0008-0010.pdf | WESTLAW| LEXIS | Detail
Date: 02/26/2009
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion [Granting U.S.'s Motion for Leave to Intervene] [ECF# 138] (2009 WL 2058726 / 2009 U.S.Dist.LEXIS 59042) (E.D. Pa.)
ED-PA-0008-0006.pdf | WESTLAW| LEXIS | Detail
Date: 07/08/2009
Source: PACER [Public Access to Court Electronic Records]
Third [Final] Amended Complaint and Demand for Jury Trial [ECF# 233]
ED-PA-0008-0002.pdf | Detail
Date: 07/13/2011
Source: PACER [Public Access to Court Electronic Records]
Consent Decree (E.D. Pa.)
ED-PA-0008-0005.pdf | Detail
Date: 07/30/2012
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
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, Jonathan B. (Pennsylvania)
ED-PA-0008-9000
Sprague, Peleg (Massachusetts)
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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