ELECTRONICALLY FILED 4/8/2014 12:22 PM 28-CV-2014-900078.

00 CIRCUIT COURT OF DeKALB COUNTY, ALABAMA PAM SIMPSON, CLERK

IN THE CIRCUIT COURT OF DEKALB COUNTY, ALABAMA C.S, as mother and next friend of T.W, a minor, * * * Plaintiffs, * * v. * * DEKALB COUNTY BOARD OF * EDUCATION; ROBERT RICHEY, in his * individual and official capacities; TIM * ARNOLD, in his individual and official * capacities; ADAM NIBLETT, in his individual * and official capacities; FICTICIOUS * DEFENDANT A, the person or persons who * allowed the workout on the date of the subject * incident to be supervised by a non-employee; * FICTITIOUS DEFENDANT B, * the individual and/or entity that were * responsible for the selection, training and/or * supervision of Defendants Tim Arnold and * Adam Niblett and Fictitious Defendant A; * FICTITIOUS DEFENDANT C, the individual * and/or entity that failed to properly supervise * the students at the time of the subject incident * and provide and/or obtain timely medical * treatment after the subject incident; * FICTITIOUS DEFENDANT D, the person or * persons whose negligence or other wrongful * conduct caused the subject injuries and damages * to T.W.; and all those whose true and correct * names are unknown to the Plaintiff at this time * but will be added by Amendment when * ascertained, * * Defendants. *

CV-

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COMPLAINT ________________________________________________________________________

STATEMENT OF THE PARTIES 1. The Plaintiff, C.S., is over the age of nineteen (19) years and is a resident citizen

of the State of Alabama. She is the mother and next friend of T.W., a minor.

2.

The Defendant, DeKalb County Board of Education (hereinafter the

Board), is an entity subject to suit under numerous claims. 3. The Defendant, Robert Richey, the principal of Geraldine High School at

the time of the subject incident, is being sued in his individual and official capacities. 4. The Defendant, Tim Arnold, the head football coach at Geraldine High

School, is being sued in his individual and official capacities. 5. The Defendant, Adam Niblett, the non-employee supervising the students

at the time of the subject incident, is being sued in his individual and official capacities. 6. Fictitious Defendant A is the person or persons who allowed the workout

on the date of the subject incident to be supervised by a non-employee. 7. Fictitious Defendant B is individual and/or entity that were responsible for

selection, training and/or supervision of Defendants Tim Arnold and Adam Niblett. 8. Fictitious Defendant C is the individual and/or entity that failed to

properly supervise the students at the time of the subject incident and provide and/or obtain timely medical treatment to T.W. after the subject incident.

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Fictitious Defendant D is the person or persons whos negligence or other

wrongful conduct caused the subject injuries and damages to T.W. FACTUAL ALLEGATIONS 10. In July, 2012, T. W. was a student and a member of the football team at

Geraldine High School in Geraldine, Alabama. 11. On July 12, 2012, fifteen year old T.W. attended a mandatory summer

workout at Geraldine High School. 12. On July 12, 2012, fellow teammate L.P. punched T.W. in the head causing

him to fall face forward. As a result, T.W. fell forward hitting his head on the concrete which caused him to lose consciousness. Defendant Niblett and/or Fictitious Defendant C failed to provide T.W. with medical care for at least thirty minutes. 13. As a result of the incident, T.W. suffered significant injuries including, but

not limited to: a traumatic brain injury, loss of consciousness, a left frontal linear skull fracture, a left frontal subdural hematoma, an epidural hematoma, a broken nose, nausea, severe headaches, and memory loss. 14. As a result of the physical assault and harassment, T.W. suffered additional

physical injuries, severe emotional distress, pain, anguish, embarrassment, humiliation, loss of education opportunities, loss of liberty, and physical and emotional trauma. 15. As a result of this incident, T.W. has suffered permanent injuries. COUNT ONE-NEGLIGENCE OR WANTONNESS 16. full. Plaintiffs reallege all prior paragraphs of the Complaint as if set out here in

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Defendants the Board, Richey, Niblett, Arnold, and/or Fictitious Defendant

A, B, C and/or D negligently or wantonly caused injuries to T.W. by one or more of the following ways: 1) failing to properly supervise T.W. and other students, 2) failing to provide timely medical treatment to T.W., 3) allowing an individual to supervise the students who was not an employee of the Board. 18. At all material times, Defendants were working within the line and scope of

their employer and their actions and/or inactions were negligent, wanton, willful, malicious, fraudulent, in bad faith, beyond their authority and/or under a mistaken interpretation of the law. 19. As a proximate result of Defendants the Board, Richey, Niblett, Arnold,

Fictitious Defendants A, B, C and/or Fictitious Defendant Ds negligence or wantonness, T.W. was injured and damaged as follows: he was assaulted, he was humiliated, he was embarrassed, he suffered permanent physical and emotional trauma, he was deprived of educational opportunities and has restraints on her liberty and was otherwise injured and damaged. WHEREFORE, the Plaintiff requests damages in a reasonable amount as a fact finder may assess and grant other relief to her under the law and her costs of this action. COUNT TWO-FAILURE TO RENDER MEDICAL ASSISTANCE 20. 21. Plaintiffs reallege all paragraphs of the Complaint as if set out here in full. On or about July 12, 2012, named Defendants and Fictitious Defendants

A, B, C and/or D were under a duty to provide T.W. with unimpeded access to healthcare.

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At all material times, named Defendants and Fictitious Defendants A,

B, C and/or D were working within the line and scope of their employer and their actions and/or inactions were negligent, wanton, willful, malicious, fraudulent, in bad faith, beyond their authority and/or under a mistaken interpretation of the law. 23. As a proximate result of the failure to provide T.W. with unimpeded access

to healthcare, T.W. suffered additional physical injuries, severe emotional distress, pain, anguish, embarrassment, humiliation, loss of education opportunities, loss of liberty, and physical and emotional trauma. WHEREFORE, the Plaintiff requests damages in a reasonable amount as a fact finder may assess and grant other relief to her under the law and her costs of this action. DAMAGES SUFFERED BY T.W. AS A RESULT OF THE DEFENDANTS ACTS 24. As a result of the illegal acts described in this Complaint, T.W. has suffered

severe damages, including, inter alia, permanent physical injuries, emotional distress, pain, anguish, embarrassment, humiliation, loss of educational opportunities, loss of liberty, and physical and emotional trauma. PRAYER FOR RELIEF WHEREFORE, the Plaintiff respectfully prays that this Court assume jurisdiction of this action and after trial: 25. Issue a preliminary and permanent injunction against the Board and its

partners, officers, owners, agents, successors, employees, representatives and any and/or

all persons acting in concert with it, from engaging in any further unlawful practices, policies, customs, usages, or assault, set forth herein; 26. Issue an Order requiring the Defendants to initiate and implement programs

that (i) provide training for employees and students on the subject of bullying and assault; (ii) remedy the effects of the Defendants past and present unlawful practices; and (iii) eliminate the continuing effects of the practices described above; 27. Issue and Order establishing a task force which would provide for (i) the

monitoring, reporting, and retaining of jurisdiction to ensure no further harassment to students exists; (ii) the assurance that injunctive relief is properly implemented, and (iii) a quarterly report setting forth information relevant to the determination of the effectiveness of the programs created to eliminate the harassment; 28. Issue an Order requiring the Defendants to make T.W. whole by awarding

him compensatory damages, punitive damages, compensation for future psychological and medical treatment resulting from the illegal treatment he endured, and compensation necessary to make up lost educational opportunities resulting from the illegal treatment he suffered; 29. fees. 30. Such other and further relief as the Court may deem just and proper. An award of litigation costs and expenses, including reasonable attorneys

/S/ Tommy James______________ THOMAS E. JAMES (JAM023)

OF COUNSEL: LAW OFFICES OF TOMMY JAMES Birmingham Office: 2700 Corporate Drive, Suite 200 Birmingham, Alabama 35242 (205) 314-4801 (Phone) (205) 314-4701 (Facsimile) Huntsville Office: 203 Greene Street SE Huntsville, Alabama 35801

/S/ Tommy James______________ THOMAS E. JAMES (JAM023)