B.L. v. Schuhmann

380 F.Supp.3d 614

B.L., Plaintiff

v.Bradley SCHUHMANN, et al., Defendants

Civil Action No. 3:18-cv-151-RGJ-CHL

SENIOR ACTION CONSOLIDATED WITH: Civil Action No. 3:18-cv-000152-RGJ

Civil Action No. 3:18-cv-000153-RGJ

Civil Action No. 3:18-cv-000157-RGJ

Civil Action No. 3:18-cv-000158-RGJ

Civil Action No. 3:18-cv-000176-RGJ

Civil Action No. 3:18-cv-000306-RGJ

United States District Court, W.D. Kentucky, Louisville Division.

Signed May 2, 2019

Lindsay A. Cordes, Tad Thomas, Thomas Law Offices, PLLC, Louisville, KY, for Plaintiff.

Adam E. Fuller, Carol S. Petitt, Vaughn Petitt Legal Group, PLLC, Pewee Valley, KY, James P. Dilbeck, Jr., Dilbeck & Myers, PLLC, Kayla M. Campbell, Kent Wicker, Nicole S. Elver, William H. Brammell, Jr., Dressman Benzinger LaVelle PSC, Bradley Robert Palmer, Edward L. Lasley, Kenneth A. Bohnert, Conliffe, Sandmann & Sullivan, Kelly M. Rowan, Lee E. Sitlinger, Sitlinger & Theiler, Darryl William Durham, James M. Gary, Weber & Rose, PSC, Annale Renneker Taylor, Lisa A. Schweickart, Matthew J. Golden, Peter Frank Ervin, Jefferson County Attorney, J. Brittany C. Carlson, Marc S. Murphy, Neil E. Barton, Robert M. Connolly, Stites & Harbison, PLLC, Louisville, KY, for Defendants.

MEMORANDUM OPINION & ORDER

Rebecca Grady Jennings, District Judge United States District Court

This matter is before the Court on forty motions filed by the Defendants Bradley Schuhmann ("Schuhmann"), Kenneth Betts ("Betts"), Curtis Flaherty ("Flaherty"), Matthew Gelhausen ("Gelhausen"), Julie Schmidt ("Schmidt"), Brandon Wood ("Wood"), Brandon Paul Paris ("Paris"), Casey Scott ("Scott"), the City of Louisville/Jefferson County/Louisville Consolidated Government ("Metro Government"), Boy Scouts of America ("BSA"), Lincoln Heritage Counsel, Inc. ("LHC"), Learning for Life ("LFL"), and Learning for Life Lincoln Chapter, Inc. ("LFLLC")¹ and one motion filed by Plaintiff C.F. Briefing is complete and the motions are ripe for adjudication.

I. BACKGROUND AND JURISDICTION

This consolidated case² arises out of the alleged sexual abuse of seven individuals participating in the Louisville Metro Police Department's ("LMPD") career education program known as the "Explorer Program." Defendants removed each case from Jefferson Circuit Court based on federal question jurisdiction, 28 U.S.C. § 1331, stemming from Plaintiffs' gender and age discrimination claims under 42 U.S.C.S. § 2000e-2(a) and 42 U.S.C.S. § 2000e-2(d), hostile educational environment and sex discrimination claims under Title IX of 20 U.S.C. § 1681(a), and constitutional claims under 42 U.S.C. § 1983. The Court has supplemental jurisdiction, 28 U.S.C. § 1367, for Plaintiffs' remaining state law claims.

A. B.L.'s Claims

B.L. alleges that in 2008 and 2009, Defendant Schuhmann, while acting as an LMPD officer and Boy Scout leader, sexually harassed and assaulted B.L., solicited sexual photographs, solicited sex, and transmitted sexual material. See B.L. v. Bradley Schuhmann, et al. , 3:18-cv-00151 ("Case 151") [DE 1-4, Sec. Am. Compl. ¶ 2]. B.L. was a minor at that time. Id. at ¶ 76.

B.L. filed suit on October 20, 2017. B.L. claims assault, sexual assault, harassment, and battery against Schuhmann in Count I. Id. at ¶¶ 80–87. In Counts II and III, B.L. claims vicarious liability and negligent hiring, entrustment, training, supervision, and/or retention, against Flaherty, Metro Government, and the Boy Scout Defendants. Id. at ¶¶ 88–97. B.L. asserts claims against these same Defendants, as well as Betts, Gelhausen, Wood, and Schmidt, for intentional infliction of emotional distress, negligence, fraud by omission/duty to disclose, fraudulent concealment, failure to report, and childhood sexual assault in Counts IV, V, VI, VII, VIII, and IX, respectively. Id. at ¶¶ 98–137. In Count X, B.L. brings a gender and age discrimination claim under state and federal statutes against Metro Government. Id. at ¶¶ 138–45. In Count XI, B.L. brings a claim for hostile educational environment and sex discrimination against Metro Government, and the Boy Scout Defendants.³ Id. at ¶¶ 146–52. In Count XII, B.L. brings a claim for violating 42 U.S.C. § 1983 against Metro Government, Betts, Wood, Flaherty, Schmidt, Gelhausen, and Schuhmann. Id. at ¶¶ 153–59.

Motions to dismiss were filed in B.L.'s case by Defendants Schuhmann, Betts, Flaherty, Gelhausen, Schmidt, Wood, Metro Government, and the Boy Scout Defendants. [DE 22; 12; 14; 16; 13; 10; 11; 15; respectively]. B.L. filed responses, [DE 37; 30; 31; 27; 32; 26; 29; 28], and replies were filed by Schuhmann, Betts, Flaherty, Schmidt, Wood, Metro Government, and the Boy Scout Defendants, [DE 52; 42; 45; 50; 38; 44; 43]. No reply was filed by Gelhausen.

B. A.S.'s Claims

A.S. sued on February 15, 2018, for offenses alleged to have occurred in 2010. See A.S. v. Louisville/Jefferson County Metro Government, et al. , 3:18-cv-00152 ("Case 152") [DE 1-1, Ver. Compl. ¶ 2]. A.S. claims assault, sexual assault, harassment, and battery against Betts in Count I. Id. at ¶¶ 65–72. In Counts II and III, A.S. claims vicarious liability and negligent hiring, entrustment, training, supervision, and retention, against Flaherty, Metro Government, and the Boy Scout Defendants. Id. at ¶¶ 73–82. A.S. sues these same Defendants, as well as Betts, Wood, Schmidt, and Paris, for intentional infliction of emotional distress, negligence, fraud by omission/duty to disclose, fraudulent concealment, failure to report, and childhood sexual assault in Counts IV, V, VI, VII, VIII, and IX, respectively. Id. at ¶¶ 83–122. In Count X, A.S. claims gender and age discrimination in violation of state and federal statutes against Metro Government. Id. at ¶¶ 123–30. In Count XI, A.S. brings a claim for hostile educational environment and sex discrimination against Metro Government, and the Boy Scout Defendants.⁴ Id. at ¶¶ 131–37. In Count XII, A.S. brings a claim for violating 42 U.S.C. § 1983 against Metro Government, Betts, and Flaherty. Id. at ¶¶ 138–44.

In A.S.'s case, motions to dismiss were filed by Defendants Betts, Flaherty, Metro Government, and the Boy Scout Defendants. [DE 63; 65; 62; 64]. A.S. filed responses, [DE 69; 70; 68; 66], and replies were filed, [DE 72; 75; 74; 66].

C. K.W.'s Claims

K.W. sued on November 15, 2017, alleging offenses in 2011 and 2013. See K.W. v. Kenneth Betts, et al. , 3:18-cv-00153 ("Case 153") [DE 1-3, First Am. Compl ¶ 2]. K.W. claims assault, sexual assault, harassment, and battery against Betts in Count I. Id. at ¶¶ 85–92. In Counts II and III, K.W. claims vicarious liability and negligent hiring, entrustment, training, supervision, and retention, against Flaherty, Metro Government, and the Boy Scout Defendants. Id. at ¶¶ 93–102. K.W. sues these same Defendants, as well as Betts, Wood, Schmidt, and Paris, for intentional infliction of emotional distress, negligence, fraud by omission/duty to disclose, fraudulent concealment, failure to report, and childhood sexual assault in Counts IV, V, VI, VII, VIII, and IX, respectively. Id. at ¶¶ 103–42. In Count X, K.W. brings gender and age discrimination claims under state and federal statutes against Metro Government. Id. at ¶¶ 143–50. In Count XI, K.W. claims hostile educational environment and sex discrimination against Metro Government, and the Boy Scout Defendants.⁵ Id. at ¶¶ 151–57. In Count XII, K.W. brings a claim for violating 42 U.S.C. § 1983 against Metro Government, Betts, Wood, Flaherty, Schmidt, and Paris. Id. at ¶¶ 158–64.

In K.W.'s case, motions to dismiss were filed by Defendants Betts, Wood, Flaherty, Schmidt, Paris, Metro Government, and the Boy Scout Defendants. [DE 81; 79; 85; 82; 83; 80; 84; respectively]. K.W. responded, [DE 92; 86; 93; 91; 89; 88; 87], and the moving Defendants replied, [DE 97; 94; 102; 101; 99; 98]. No reply was filed by Paris.

D. N.C.'s Claims

N.C. sued on March 8, 2017, alleging offenses in 2011. See N.C. v. Brandon Wood, et al. , 3:18-cv-00157 ("Case 157") [DE 1-115, Sec. Am. Compl. ¶ 2]. N.C. brings claims for assault, sexual assault, harassment, and battery against Wood in Count I. Id. at ¶¶ 69–76. In Count II, N.C. brings a claim for sexual harassment against Betts. Id. at ¶¶ 77–83. In Counts III and IV, N.C. brings claims for vicarious liability and negligent hiring, entrustment, training, supervision, and retention, against Flaherty, Metro Government, and the Boy Scout Defendants. Id. at ¶¶ 84–93. N.C. asserts claims against these same Defendants, as well as Betts and Wood, for intentional infliction of emotional distress, negligence, fraud by omission/duty to disclose, fraudulent concealment, failure to report, and childhood sexual assault in Counts V, VI, VII, VIII, IX, and X, respectively. Id. at ¶¶ 94-133. In Count XI, N.C. claims gender and age discrimination under state and federal statutes against Metro Government. Id. at ¶¶ 134–41. In Count XII, N.C. claims hostile educational environment and sex discrimination against Metro Government, and the Boy Scout Defendants.⁶ Id. at ¶¶ 142–48. In Count XIII, N.C. brings a claim for violating 42 U.S.C. § 1983 against Metro Government, Betts, Wood, and Flaherty. Id. at ¶¶ 149–55.

In Plaintiff N.C.'s case, Defendants Betts, Wood, Flaherty, Metro Government, and the Boy Scout Defendants have moved to dismiss. [DE 107; 104; 108; 105; 106]. N.C. responded, [DE 118; 110; 121; 119; 117], and replies were filed, [DE 131; 123; 132; 126; 128].

E. E.B.'s Claims

E.B. sued on February 19, 2018, alleging offenses between 2010 and 2013. See E.B. v. Kenneth Betts, et al. , 3:18-cv-00158 ("Case 158") [DE 1-2, Compl. at ¶ 2]. Unlike the other Plaintiffs, E.B. does not allege to have been a minor. E.B. brings claims for assault, sexual assault, harassment, and battery against Betts in Count I. Id. at ¶¶ 56–63. In Counts II and III, E.B. brings claims for vicarious liability and negligent hiring, entrustment, training, supervision, and retention, against Flaherty, Metro Government, and the Boy Scout Defendants. Id. at ¶¶ 64–73. E.B. sues...