This case was last updated from U.S. District Courts on 01/09/2023 at 07:59:00 (UTC).

Doe et al v. St Johns Northwestern Military Academy Inc et al

Case Summary

On November 10, 2022, John Doe, Father Doe, and Mother Doe (collectively, “Plaintiffs”), represented by Martin D. Gould of Romanucci & Blandin LLC, filed a civil rights lawsuit against St. John’s Northwestern Military Academy, Inc.; St. John’s Northwestern Military Academy Foundation, Inc.; and Pablo Gonzalez Carvajal (collectively, “Defendants”), seeking damages for alleged negligence and fraud by the defendants. This case was filed in the U.S. District Court for the Eastern District of Wisconsin with Judge Lynn Adelman presiding.

In the complaint, the plaintiffs stated, “During the 2011 through 2012 school year, JOHN DOE was a minor.”

Plaintiffs then claimed that “SJNMAI, by its administration, faculty, staff, and officers were aware of multiple on-campus incidents of physical and sexual violence that cadets perpetrated on other cadets and even on the minor children of the Academy’s faculty members” and that SJNMAI “was aware of numerous complaints from cadets and their families that the Academy had neglected to report incidents of sexual assault to the proper authorities.”

The plaintiffs alleged, “Relying on SJNMAI’s assurances, FATHER DOE and MOTHER DOE enrolled JOHN DOE at the Academy for the 2011 through 2012 school year at a substantial cost, believed to be approximately between $30,000-$40,000 per year with tuition, incidental expenses, and other related costs.”

Plaintiffs then claimed, “During the 2011 through 2012 school year, and in the position of authority that SJNMAI granted to him, CARVAJAL, held privileges and authority over JOHN DOE and other cadets, including the ability to mete out punishments.”

The plaintiffs also alleged, “During the 2011 through 2012 school year, SJNMAI, through its faculty, administration, officers, and/or staff, observed JOHN DOE’s changed behavior, which included running away and hiding under his bed to avoid CARVAJAL, but took no action to investigate or address JOHN DOE’s changed behavior or its causes.”

Plaintiffs then alleged, “SJNMAI acted with deliberate indifference to physical and sexual assaults and abuse committed on its cadets, including JOHN DOE, and failed to take reasonable steps to ensure that CARVAJAL’s conduct was investigated, monitored, or to otherwise prevent him from sexually assaulting JOHN DOE and others.”

Plaintiffs further alleged, “As a direct result of SJNMAI’s failure to control CARVAJAL’s movement around the residence hall, CARVAJAL was able to continue his assaults upon JOHN DOE and to threaten his safety, which exacerbated the traumatic effects of the sexual assaults”

The plaintiffs alleged, “As a direct result of SJNMAI’s failure to control CARVAJAL’s movement around the residence hall, CARVAJAL was able to continue his assaults upon JOHN DOE and to threaten his safety, which exacerbated the traumatic effects of the sexual assaults.”

Plaintiffs then alleged, “As a direct result of SJNMAI’s indifference, JOHN DOE continued to suffer the effects and constant fear of repeated attacks and retaliation creating a hostile educational environment, and the hostile environment became ‘so pervasive’ that JOHN DOE’s grades and education suffered to an extent that allowed him to withdraw from the Academy.”

Plaintiffs presented nine claims for relief, including for alleged violations of Title IX of the Education Amendments Act, alleged negligence, alleged negligent infliction of emotional distress, alleged fraudulent misrepresentation, alleged battery, and alleged assault.

In the prayer for relief, the plaintiffs requested an award for damages, losses suffered by plaintiffs, and punitive damages, with costs of litigation. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-01333

  • Filing Date:

    11/10/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Education Discrimination

Judge Details

Presiding Judge

Lynn Adelman

 

Party Details

Plaintiffs

John Doe

Father Doe

Mother Doe

Defendants

St John's Northwestern Military Academy Inc

St John's Northwestern Military Academy Foundation Inc

Pablo Gonzalez Carvajal

Attorney/Law Firm Details

Plaintiff Attorney

Martin D Gould

Defendant Attorneys

Matthew W O'Neill

Vincent James Scipior

 

Court Documents

#14

(#14) DISCLOSURE Statement by St John's Northwestern Military Academy Foundation Inc, St John's Northwestern Military Academy Inc. (Scipior, Vincent)

#13

(#13) NOTICE of Hearing: IT IS ORDERED that a telephonic Fed. R. Civ. P. 16(b) scheduling conference will be held on January 31, 2023 at 9:45 a.m. The court will initiate the call. The participation of the attorney who will be handling the case is required and their telephone number should be provided in the Rule 26(f) report. (cc: all counsel)(kmr) (Entered: 12/20/2022)

#12

(#12) ANSWER to #1 Complaint, with Jury Demand by St John's Northwestern Military Academy Foundation Inc, St John's Northwestern Military Academy Inc.(Scipior, Vincent)

#11

(#11) NOTICE of Appearance by Vincent James Scipior on behalf of St John's Northwestern Military Academy Foundation Inc, St John's Northwestern Military Academy Inc. Attorney(s) appearing: Vincent J. Scipior and Amy F. Scholl (Scipior, Vincent)

#10

(#10) ORDER signed by Judge Lynn Adelman on 12/8/22 GRANTING #9 Motion to Seal Document re #9 Unopposed MOTION to Seal Document Plaintiffs' November 28, 2022 Disclosure Statement. (cc: all counsel)(kmr)

9 #1

Proposed Order

#9

(#9) Unopposed MOTION to Seal Document Plaintiffs' November 28, 2022 Disclosure Statement by All Plaintiffs. (Attachments: #1 Proposed Order)(Gould, Martin)

8 #2

Proposed Order

8 #1

Brief in Support of Motion to Proceed Under a Pseudonym

#8

(#8) MOTION to File and Proceed Under a Pseudonym by All Plaintiffs. (Attachments: #1 Brief in Support of Motion to Proceed Under a Pseudonym, #2 Proposed Order)(Gould, Martin)

#7

DOCUMENT UNAVAILABLE

#6

RESTRICTED

#5

DOCUMENT UNAVAILABLE

#3

(#3) STIPULATION To Extend Deadline for Answering Complaint by St John's Northwestern Military Academy Foundation Inc, St John's Northwestern Military Academy Inc. (O'Neill, Matthew)

1 #3

Civil Cover Sheet

1 #2

Summons

1 #1

Summons

#1

(#1) COMPLAINT with Jury Demand; against All Defendants by Mother Doe, John Doe, Father Doe. ( Filing Fee PAID $402 < PAY.GOV receipt number 272DM87DBWIEDC-4255326) (Attachments: #1 Summons, #2 Summons, #3 Civil Cover Sheet)(Gould, Martin) Modified on 11/15/2022 (jcl).

7 More Documents Available
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Docket Entries

  • 01/03/2023
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  • Docket(#14) DISCLOSURE Statement by St John's Northwestern Military Academy Foundation Inc, St John's Northwestern Military Academy Inc. (Scipior, Vincent)

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  • 12/19/2022
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  • Docket(#13) NOTICE of Hearing: IT IS ORDERED that a telephonic Fed. R. Civ. P. 16(b) scheduling conference will be held on January 31, 2023 at 9:45 a.m. The court will initiate the call. The participation of the attorney who will be handling the case is required and their telephone number should be provided in the Rule 26(f) report. (cc: all counsel)(kmr) (Entered: 12/20/2022)

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  • 12/15/2022
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  • Docket(#12) ANSWER to #1 Complaint, with Jury Demand by St John's Northwestern Military Academy Foundation Inc, St John's Northwestern Military Academy Inc.(Scipior, Vincent)

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  • 12/15/2022
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  • Docket(#11) NOTICE of Appearance by Vincent James Scipior on behalf of St John's Northwestern Military Academy Foundation Inc, St John's Northwestern Military Academy Inc. Attorney(s) appearing: Vincent J. Scipior and Amy F. Scholl (Scipior, Vincent)

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  • 12/08/2022
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  • Docket(#10) ORDER signed by Judge Lynn Adelman on 12/8/22 GRANTING #9 Motion to Seal Document re #9 Unopposed MOTION to Seal Document Plaintiffs' November 28, 2022 Disclosure Statement. (cc: all counsel)(kmr)

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  • 12/07/2022
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  • Docket(#9) Unopposed MOTION to Seal Document Plaintiffs' November 28, 2022 Disclosure Statement by All Plaintiffs. (Attachments: #1 Proposed Order)(Gould, Martin)

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  • 12/01/2022
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  • DocketNOTICE of Electronic Filing Error re #8 MOTION to File and Proceed Under a Pseudonym filed by John Doe, Father Doe, Mother Doe ; The Brief in Support to this document should have been filed as a separate entry. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jcl) (Entered: 12/02/2022)

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  • 12/01/2022
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  • Docket(#8) MOTION to File and Proceed Under a Pseudonym by All Plaintiffs. (Attachments: #1 Brief in Support of Motion to Proceed Under a Pseudonym, #2 Proposed Order)(Gould, Martin)

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  • 11/29/2022
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  • DocketNOTICE of Electronic Filing Error re #7 Disclosure Statement filed by John Doe, Father Doe, Mother Doe ; Pursuant to General Local Rule 79, the Court will consider all documents to publicly filed unless a separate motion to seal or restrict is filed. You should file your motion to seal or restrict document immediately; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jcl) (Entered: 11/30/2022)

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  • 11/29/2022
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  • Docket(#7) DISCLOSURE Statement by All Plaintiffs. This document and/or certain attachments are SEALED and only viewable by permission of the court(Gould, Martin)

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  • 11/29/2022
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  • Docket(#6) Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Gould, Martin)

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  • 11/28/2022
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  • Docket(#5) DISCLOSURE Statement by All Plaintiffs. (Gould, Martin)

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  • 11/28/2022
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  • Docket(#4) TEXT ONLY ORDER signed by Judge Lynn Adelman on 11/28/22 GRANTING #3 Stipulation To Extend Deadline for Answering Complaint. (cc: all counsel)(kmr)

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  • 11/22/2022
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  • Docket(#3) STIPULATION To Extend Deadline for Answering Complaint by St John's Northwestern Military Academy Foundation Inc, St John's Northwestern Military Academy Inc. (O'Neill, Matthew)

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  • 11/22/2022
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  • Docket(#2) NOTICE of Appearance by Matthew W O'Neill on behalf of St John's Northwestern Military Academy Foundation Inc, St John's Northwestern Military Academy Inc. Attorney(s) appearing: Matthew W. O'Neill; Lauren E. Maddente (O'Neill, Matthew)

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  • 11/14/2022

  • DocketSummons Issued as to St John's Northwestern Military Academy Foundation Inc, St John's Northwestern Military Academy Inc. (jcl)

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  • 11/10/2022

  • DocketNOTICE Regarding assignment of this matter to Judge Lynn Adelman; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (cmb)

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  • 11/10/2022
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  • Docket(#1) COMPLAINT with Jury Demand; against All Defendants by Mother Doe, John Doe, Father Doe. ( Filing Fee PAID $402 < PAY.GOV receipt number 272DM87DBWIEDC-4255326) (Attachments: #1 Summons, #2 Summons, #3 Civil Cover Sheet)(Gould, Martin) Modified on 11/15/2022 (jcl).

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