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1:19-cv-430

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

JANE LTISD-DD DOE, §

Plaintiff, §
v. § C.A. No. _______________
LAKE TRAVIS INDEPENDENT §
SCHOOL DISTRICT and §
BILLY COLEMAN §
Defendants. §

PLAINTIFF’S ORIGINAL COMPLAINT

COMES NOW, Plaintiff JANE LTISD-DD DOE, to file this, her

“Plaintiff’s Original Complaint” and in support thereof states as follows:

PREAMBLE

Plaintiff Jane was a typical high school girl attending a school owned and
operated by Defendant LTISD. Jane’s life was forever changed when her softball
coach sexually harassed Jane. After Jane reported the sexual harassment,
Defendants began an ongoing path of retaliation and bullying which still
continues, resulting in further physical harm to Jane. Defendant LTISD has
done absolutely nothing to redress the harm done, but continues to award
Defendant Coleman. This lawsuit is for damages resulting from Defendants’
violations of Plaintiff Jane’s civil rights.

A. NATURE OF SUIT

1. Plaintiff Jane files this action for relief seeking damages for the

violation of federal law and the United States Constitution pursuant to 20 U.S.C. §

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1681 et. seq. (Title IX of the Education Amendments of 1972) and under 42 U.S.C.

§ 1983, as well as for equitable relief provided by the Constitution of the State of

Texas.

B. PARTIES

2. Plaintiff JANE LTISD-DD DOE (“Jane”) is an individual residing in

Travis County, Texas. Jane is a minor, and this matter is being asserted by her

parents as her Next Friend. Because of the privacy issues involved in this matter,

Jane is hereby exercising her rights to proceed with this matter anonymously.

3. The need to protect the identity of Jane (being a minor) shall not hinder

the defense of this matter, for the facts are well known to the Defendants. When

applying the balancing tests to determine the needed protection of the minor vs. the

small inconvenience to the Defendants, the protection of the minor prevails.

Further, with the importance of keeping the identity of Jane protected, it is

impossible (at this time) to disclose the name of the parents of Jane.

4. At such time as the Court might agree on procedures designed to

protect the privacy of Plaintiff Jane, Jane’s identity (and the identity of Jane’s

parents) shall be disclosed.

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5. Defendant LAKE TRAVIS INDEPENDENT SCHOOL DISTRICT

(“LTISD”) is a school district formed under the laws of the State of Texas and

operates numerous schools in Travis County, Texas. Defendant LTISD may be

served with summons by serving its superintendent as follows:

Lake Travis Independent School District

Attn: Brad Lancaster
3322 Ranch Road 620 South
Austin, Texas 78738

6. Defendant BILLY COLEMAN (“Coleman”) is an individual working

in Travis County, Texas. Defendant Coleman may be served with summons at his

place of employment as follows:

Billy Coleman
Lake Travis High School
3324 Ranch Road 620 South
Austin, Texas 78738

C. JURISDICTION and VENUE

7. The jurisdiction of this Court is in accordance with 28 U. S. C. § 1331

as involving a federal question proceeding arising under 20 U.S.C. § 1681 et. seq.

(Title IX of the Education Amendments of 1972) (“Title IX”) and Section 1983 of

Title 42 of U.S.C. (“Section 1983”).

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8. Venue is proper in the Western District of Texas (Austin Division)

because Defendant LTISD operates its schools in Travis County, Texas. which is

within the Western District of Texas in the Federal District Courts, and, the

underlying events occurred in Travis County, Texas within the Western District of

Texas.

D. FACTUAL ALLEGATIONS

Just another one of the students

9. Prior to September 2017 (“September 2018”), Plaintiff Jane was a

typical student attending Lake Travis High School (“School”), being a public

school owned and operated by Defendant LTISD.

10. Plaintiff Jane’s parents had made specific efforts to have Jane enrolled

in the School, because they believed that Jane would obtain a good education, and,

be safe.

11. Plaintiff Jane is a bright young woman. Plaintiff Jane’s school days

were filled with the excitement and adventure of learning.

12. Playing women’s softball is also one of Plaintiff Janes’ passions.

13. In September 2017, however, Plaintiff Jane’s life was changed forever.

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Sexually Harassed and Bullied by Jane’s Softball Coach

14. On that September day in 2017, Plaintiff Jane was attending school and

softball practice when she was sexually touched and harassed by Defendant

Coleman (“Harassment”), being her softball coach.

15. Plaintiff Jane’s parents promptly reported the Harassment to Defendant

LTISD. However, Defendant LTISD did little other than to attempt to cover up the

Harassment.

16. As a result of Plaintiff Jane’s reporting of the Harassment by

Defendant Coleman, Jane became the target of bullying (“Bullying”) by Defendants

and even members of the community that supported Defendant Coleman.

Apparently, to certain families then attending the School, having a winning softball

program is far more important than protecting a minor female from sexual

harassment.

17. In an effort to placate Plaintiff Jane’s parents, Defendant LTISD did

place Defendant Coleman on a short, paid administrative leave, pending an

“Investigation.”

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18. The Investigation, however, was a sham and a cover up. Defendant

LTISD has repeatedly withheld evidence that would confirm Plaintiff Jane’s

allegations.

19. After the conclusion of the Investigation, Defendant LTISD, acting

through its superintendent and its Board of Trustees (“Board”) then returned

Defendant Colman back to his teaching and coaching duties.

20. To ensure the safety of the daughter, Plaintiff Jane left Lake Travis and

enrolled into a neighboring school district, where Jane continues to play softball.

21. However, attending another school district has not stopped the

Harassment and Bullying of Plaintiff Jane by Defendant Coleman, which has now

resulted in further physical harm.

22. Within the last two weeks of this filing, Plaintiff Jane was playing

softball for her current school, against the School’s team still being coached by

Defendant Coleman.

23. At the direct instruction of Defendant Coleman (as confirmed by at

least one player of Defendant Coleman), the opposing pitcher intentionally struck

Plaintiff Jane at the plate with a fast pitch, causing physical injuries.

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24. Prior to obtaining his coaching and teaching position at the School,

Defendant Coleman had taught and coached softball at Randall High School in

Amarillo.

25. Upon information and belief, Defendant Coleman’s pattern of sexually

harassing his female players was ongoing while at Randall High School.

26. Tasked with the duty of investigating teacher and coaches before prior

to offering an employment position, the superintendent and Board of Defendant

LTISD knew, or should have known, of Defendant Coleman’s pattern of physically

touching his female players. Nonetheless, Defendant LTISD hired Defendant

Coleman, and continues to employ Coleman to teach and coach at the School.

27. Although the Harassment and Bullying by Defendant Coleman is a

clear violation of the Code of Ethics adopted by the Teas State Board for Educator

Certification (“SBEC”), there is no indication that anyone at Defendant LTISD,

(including the superintendent and the Board) have ever filed a complaint with

SBEC over Coleman’s Harassment and Bullying of Plaintiff Jane.

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28. For the purposes hereof, the Harassment and Bullying of Plaintiff Jane;

the sham Investigation; ensuing cover up; the blatant refusal to do anything to

redress the Harassment and Bullying of Plaintiff Jane; the blatant refusal to ensure

the safety of Jane; and the employment of Defendant Coleman despite his prior

harassment actions towards young women, shall be collectively referred to hereafter

as the “Violations of Jane’s Rights.”

Defendant LTISD’s Action Under the Color of State Law

29. As described, Defendant LTISD’s Violations of Jane’s Rights were

implemented under the color of law by the referenced employees and respective

agents of Defendant LTISD, including the superintendent and Board, who were

implementing the policies, practices, and procedures of Defendant LTISD.

30. If such policies, practices, and procedures are not, in fact written, then

Defendant LTISD and its respective agents, including the superintendent and the

Board, were implementing the policies, practices, and procedures in accord with the

customs and practices of the policy makers of Defendant LTISD (being the Board

itself) when committing the Violations of Jane’s Rights as to Plaintiff Jane.

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31. As referenced, the Violations of Jane’s Rights targeted at Plaintiff Jane

were supervised and conducted by administrators and representatives of Defendant

LTISD, while such persons were performing their assigned LTISD duties, as

prescribed by the superintendent of Defendant LTISD and the LTISD Board.

32. Defendant LTISD’s Violations of Jane’s Rights were committed

intentionally and in bad faith, or with reckless disregard for the outcome.

33. Defendant LTISD’s Violations of Jane’s Rights as to Plaintiff Jane are

so extreme and unconscionable, that such actions show the conscious indifference

held by Defendant LTISD as to Jane.

Harm suffered by Plaintiff Jane

34. Plaintiff Jane has suffered severe physical, emotional, and economic

harm as a result of Defendant LTISD’s Violations of Jane’s Rights, and, shall suffer

future physical, emotional, and economic harm, including actual and consequential

damages.

Futility of Alternative Remedies

35. As set forth, Plaintiff Jane’s parents attempted to pursue various non-

judicial remedies (“Remedies”) with regard to Defendant LTISD’s Violations of

Jane’s Rights. All such efforts were summarily dismissed.

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36. However, no such Remedies are required by Title IX or Section 1983,

as other rulings of the Texas Commissioner of Education has repeatedly ruled that

the Commissioner of the Texas Education Agency has absolutely no jurisdiction,

power, right, or duty to redress complaints and remedies under Title IX or Section

1983.

37. As a result, any asserted allegations that Plaintiff Jane must pursue any

further such Remedies prior to the institution of this matter are inapplicable and

would, as well, be futile.

38. As a result of Defendant LTISD’s Violations of Jane’s Rights, Jane

was forced to engage an attorney and pursue this action to redress such wrongs.

39. All conditions precedent to Plaintiff Jane bringing these claims have

been met.

E. PLAINTIFF’S CAUSES OF ACTION

40. Plaintiff Jane incorporates by reference the facts set forth in the

foregoing ARTICLE D: GENERAL BACKGROUND hereof.

COUNT ONE: TITLE IX VIOLATIONS

41. Defendant LTISD’s Violations of Jane’s Rights are so severe,

pervasive, and objectively offensive that Plaintiff Jane has been deprived access to

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educational opportunities and benefits provided by Defendant LTISD in violation

of Title IX.

42. Defendant LTISD failed to protect Plaintiff Jane from the Violations

of Jane’s Rights in violation of Title IX.

43. Defendant LTISD’s Violations of Jane’s Rights constitute disparate

treatment of females (including Plaintiff Jane) and has had a disparate impact on

female students (including Plaintiff Jane) in violation of Title IX.

44. Plaintiff Jane has suffered physical, emotional, and psychological harm

and damages as a result of Defendant LTISD’s Violations of Jane’s Rights in

violation of Title IX entitling Jane to compensatory damages (actual and

consequential) pursuant to Title IX, for which Plaintiff Jane now sues.

COUNT TWO: SECTION 1983

45. Section 1983 of Title 42 of the United States Code provides, in part:

“Every person who under color of any statute,

ordinance, regulation, custom, or usage, of any
State…subjects, or causes to be subjected, and citizen
of the United States…to the deprivation of any rights,
privileges, or immunities secured by the Constitution
and laws, shall be liable to the part injured in an
action at law, suit in equity, or other proper
proceeding for redress…”

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46. Defendants LTISD’s Violations of Jane’s Rights were committed

under the color of law and resulted in the violation of Plaintiff Jane’s rights under:

(a) Title IX:

(b) the procedural due process requirements of the United

States Constitution as set forth in the Fourteenth
Amendment, in violation of Jane’s rights;

(d) the substantive due process requirements of the United

States Constitution set forth in the Fourteenth
Amendment in violation of Jane’s rights; and

(e) the equal protection requirements of the United States

Constitution set forth in the Fourteenth Amendment in
violation of Jane’s rights.

Hereafter, the foregoing shall be collectively referred to as the “Section 1983

Violations.”

47. Defendant LTISD’s Violations of Jane’s Rights were committed under

the color of law and resulted in the violation of Plaintiff Jane’s’ procedural and

substantive due process rights, and equal protection rights, afforded Jane under the

United States Constitution and other federal laws.

48. Plaintiff Jane has suffered physical, emotional, and psychological harm

and damages as a result of the Section 1983 violations set forth herein and

committed by Defendant LTISD entitling Jane to compensatory damages (actual

and consequential) pursuant to Section 1983, for which Plaintiff Jane now sues.
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COUNT FOUR: VIOLATIONS OF THE TEXAS CONSTITUTION

49. As a school district owned and operated by the State of Texas,

Defendant LTISD action are also subject to scrutiny under the protections created

by the Texas Constitution.

50. Defendant LTISD’S Violations of Jane’s Rights were committed under

the color of law and resulted in the violation of Plaintiff Jane’s’ rights under the

Constitution of the State of Texas.

51. Specifically, Defendant LTISD’S Violations of Jane’s Rights were

committed under the color of law and resulted in the violation of Plaintiff Jane’s

rights under:

(a) the procedural due process requirements of the Texas

Constitution found in Article 1, Section 19;

(b) the substantive due process requirements of the Texas

Constitution found in Article 1, Section 19;

(c) the equal protection requirements of the Texas

Constitution found in Article I, Section 3; and

(d) the Equal Rights Amendment to of the Texas

Constitution found in Article 1, Section 3a.

Hereafter, the foregoing shall be collectively referred to as “Violations of the Texas

Constitution.”

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52. Defendant LTISD’s Violations of the Texas Constitution as to Plaintiff

Jane have caused Plaintiff Jane to suffer a loss of benefits and created economic

losses.

53. Defendant LTISD’s Violations of the Texas Constitution as to

Plaintiff Jane have caused Plaintiff Jane to suffer mental and emotional distress

and damages.

54. Although Plaintiff Jane, as a private party living in the State of Texas,

has no standing to seek monetary damages for Defendant LTISD’S Violations of

the Texas Constitution as to Plaintiff Jane, Plaintiff Jane does seek the equitable

relief to which Plaintiff Jane is entitled by Texas jurisprudence, including but not

being limited to:

The expungement from all of Jane records of all

materials related to any allegation of misbehaver by
Plaintiff Jane.

COUNT FOUR: EXEMPLARY DAMAGES

55. Defendant LTISD’s Title IX violations described herein toward

Plaintiff Jane were pursued with malice or reckless indifference to Plaintiff Jane’s

federally protected rights, thereby entitling Jane to punitive damages pursuant to

Title IX, in an aggregate amount of $5,000,000.00.

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56. Defendant LTISD’s Section 1983 violations described herein toward

Plaintiff Jane were pursued with malice or reckless indifference to the Plaintiff

Jane’s federally protected rights, thereby entitling Jane to punitive damages

pursuant to Section 1983, for which Plaintiff Jane now seeks in an aggregate

amount of $5,000,000.00.

COUNT Five: POST JUDGMENT INTEREST

57. Plaintiff Jane also requests post judgment interest as may be allowed

by applicable law.

COUNT SIX: ATTORNEYS’ FEES

58. Plaintiff Jane should be awarded her reasonable and necessary

attorneys’ fees incurred in relation to the foregoing as allowed by applicable law.

F. REQUEST FOR JURY TRIAL

59. Plaintiff Jane hereby requests that a jury be empaneled, and, that the

foregoing causes of actions and requests for relief be presented to such jury for

resolution.

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G. PRAYER FOR RELIEF

WHEREFORE, Plaintiff JANE LTISD-DD DOE prays that Defendant

LTISD be served with summons hereof, that upon final trial hereof, that judgment

be entered in favor of Plaintiff Jane for the actual, consequential, and exemplary

damages set forth herein including post judgment interest; that Plaintiff Jane be

reimbursed her reasonable and necessary attorneys’ fees required to bring this

matter; that all costs of Court be taxed against Defendant LTISD; and that Plaintiff

Jane have such further and other relief, general and special, both at law or in equity,

to which she may show herself to be justly entitled.

Respectfully submitted,

GORMAN LAW FIRM, pllc

By:
Terry P Gorman, Esq.
Texas Bar No. 08218200
[email protected]
Chigozie F. Odediran, Esq.
Texas Bar No. 24098196
[email protected]
901 Mopac Expressway South, Suite 300
Austin, Texas 78746
Telephone: (512) 980-4556 (direct)
Telecopier: (512) 597-1455
COUNSEL FOR PLAINTIFF
JANE LTISD-DD DOE
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