Preview
1 FULVIO F. CAJINA, State Bar No. 289126
ANDREW NEILSON, State Bar No. 221694 Superior Court Of Carifpmla,
2 Law Offices of Andrew Neilson & Fulvio F. Cajina
528 Grand Avenue
3 Oakland, CA 94610 02/26/2020
Tel.: (510) 543-1912
4 Fax:(510)350-8598
Email: fulvio(a),cajinalaw.com BY
5 aneilsonfgianeilsonlaw.com Ca&a Mumbtsr:.
6 Attomeys for Plaintiffs JANE DOE #1, JANE DOE #2 and 34=2020-002762
JOHN DOE
7
8 SUPERIOR COURT FOR THE COUNTY OF SACRAMENTO
9 UNLIMITED JURISDICTION
10
JANE DOE #1, an individual, JANE Case No. BY FAX
11 DOE #2, an individual, and JOHN DOE,
an individual. COMPLAINT FOR DAMAGES
12
Plaintiffs,
13 1- Child Sexual Abuse / Seduction
2- Child Sexual Battery
14 3- Negligence
KEVIN PATRICK HOLEMAN, an 4- Intentional Infliction of Emotional Distress
15 5- Negligent Infliction of Emotional Distress
individual; MANTECA UNIFIED
16 SCHOOL DISTRICT, a governmental 6- Sexual Harassment
entity; and ROES 1-20,
17 JURY TRIAL DEMANDED
Defendants.
18
19
20 Plaintiffs bring this action against the Manteca Unified School District, Kevin Patrick
21 Holeman, and Roes 1-20 for damages arising from Kevin Patrick Holman's rape and sexual
22 battery of Jane Doe #1 ("Plaintiff'). Plaintiffs allege and aver the following based upon personal
23 knowledge as to facts known to them, and upon information and belief as to all other matters.
24 FACTS
25 1. Plaintiff JANE DOE # 1 attended East Union High School from 2012 to 2016.
26 She was a student in the school's Junior Reserve Officers' Training Corps program ("ROTC")
27 and was under the care of the school and her teachers at all times relevant to this complaint.
28
1
COMPLAINT FOR DAMAGES
1
Kevin Patrick Holeman, a retired Lieutenant Colonel with the United States Army, was her
2
ROTC instructor. In 2015, Lt. Col. Holeman raped Plaintiff. She was 16 years old. Her teacher
3
was 51.
4
2. Lt. Col. Holeman's predatory behavior began in 2014. In or about October 2014,
5
Lt. Col. Holeman began to "groom and condition" Plaintiff DOE #1 for a sexual relationship.
6
With the pretext of needing to communicate with her about ROTC matters, Lt. Col. Holeman
7
would ask Plaintiff to stay after school. Lt. Col. Holeman would share "personal matters" (such
8
as complaints about his marriage) and discuss adult topics (such as sex) in order to bond with
9
PlaintifF DOE #1 and establish trust. Lt. Col. Holeman wouldfrequentlycontact Plaintiff DOE
10
#1 through a mobile game that had a chat feature. Lt. Col. Holeman would arrange meetings
11
with Plaintiff through the mobile game chat.
12
3. Plaintiffs are informed and believe that Lt. Col. Holeman fostered and maintained
13
inappropriate relationships with several female ROTC students, all of whom were young teens.
14
Upon information and belief, many students and staff, including ROES 1-20, witnessed Lt. Col.
15
Holeman interacting inappropriately with female ROTC students, especially Plaintiff DOE #1.
16
For example, Lt. Col. Holeman would give Plaintiff DOE #1 rides to/from school, let her drive
17
his car, and drive her around the town. Lt. Col. Holeman would also spend a lot of time with
18
other young female ROTC students both on and off campus.
19
4. In 2015, Lt. Col. Holeman's flirting with Plaintiff DOE #1 become more overt.
20
Lt. Col. Holeman spent excessive time with Plaintiff, both on and off campus. Lt. Col.
21
Holeman's actions were so blatant and obvious that any reasonable person would have suspected
22 "I
23 that he was engaged in inappropriate and unlawful interactions with Plaintiff. However,
24 Plaintiffs, all of them, are informed and believe that none of the East Union High School staff
25 reported any such actions as required by Penal Code section 11166, despite observing Lt. Col.
26 Holeman acting inappropriately with his female cadets, especially Plaintiff DOE #1. Instead East
27 Union High School staff, including ROES 1-20, tumed a blind eye to Lt. Col. Holeman's
28 inappropriate conduct.
2
COMPLAINT FOR DAMAGES
1
5. In spring 2015, before an ROTC event at school, Lt. Col. Holeman took Plaintiff
2
DOE #1 to an isolated location where he raped and sexually battered her. This was Plaintiffs
3
first time having sexual intercourse. Lt. Col. Holeman continued to spend excess time with
4
Plaintiff and sexually assaulted her over the course of the next several months. Plaintiffs, all of
5
them, are infonned and belief that none of the East Union High School staff reported any such
6
actions.
7
6. In August 2015, police discovered that Lt. Col. Holeman was engaged in
8
inappropriate relationships with his female students, including Plaintiff DOE #1. The Manteca
9
Police Department laimched an investigation. Lt. Col. Holeman was charged with three felony
10
counts of having unlawful intercourse with a minor (statutory rape of Plaintiff), sending lewd
11
materials to a minor, and contacting a minor with sexual intent. Lt. Col. Holeman pled guilty to
12
one or more charges and was sentenced to jail.
13
PARTIES
14
7. Plaintiff Jane Doe #1 is an individual residingjn the State of Califomia. She
15
brings this lawsuit anonymously. In 2014-2015, Jane Doe #1 was a minor and a student at East
16
Union High School. East Union High School is in the Manteca Unified School District.
17
8. Plaintiff Jane Doe #2 is an individual residing in the State of Califomia. She
18
brings this lawsuit anonymously. Plaintiff Jane Doe #2 is the mother of Jane Doe #1. Plaintiff
19
Jane Doe #2 has been injured due to the actions and inactions of Defendants.
20
9. Plaintiff John Doe is an individual residing in the State of Califomia. He brings
21
this lawsuit anonymously. Plaintiff John Doe is the father of Jane Doe #1. Plaintiff John Doe
22
has been injured due to the actions and inactions of Defendants.
23
10. Defendant Kevin Patrick Holeman was, at all times material to this complaint, a
24
teacher employed by Manteca Unified School District. While acting in his capacity as a Manteca
25
Unified schoolteacher. Defendant Holeman statutorily raped and sexually abused Plaintiff DOE
26
#1, his student. Defendant Holeman resides in the County of Sacramento.
27
11. Defendant Manteca Unified School District is a governmental agency, a school
28
COMPLAINT FOR DAMAGES
1
district organized and existing under the laws of the State of Califomia with its principal offices
2
in the City of Manteca, located in the County of San Joaquin. At all times relevant to this
3
complaint, Manteca Unified School District employed defendants Kevin Patrick Lt. Col.
4
Holeman and ROES 1-20. Manteca Unified School District is both directly liable and
5 vicariously liable for its negligence and the negligence of its agents and employees.
6
12. Plaintiffs are ignorant of the tme names or identities of the fictitiously named
7
ROE Defendants. Plaintiffs are informed and believe that ROE Defendants, and each of them,
8
are employees and/or agents of Manteca Unified School District, who, while acting as agents
9
and/or employees of Manteca Unified School District, acted unlawfully and/or negligently,
10
causing Plaintiffs to suffer the injuries alleged herein. Plaintiffs are informed and believe that the
11
ROE Defendants, and each of them, were responsible for overseeing, vetting, hiring and/or
12
supervising Defendant Lt. Col. Holeman, and acted unlawfully and/or negligently, causing
13
Plaintiffs to suffer the injuries alleged herein. Plaintiffs will amend this Complaint once the trae
14
names or identities ofthe ROE Defendants are discovered.
15
JURISDICTION AND VENUE
16
13. Jurisdiction is proper pursuant to Code of Civil Procedure Section 410.10 because
17
the acts complained of took place in the State of Califomia. Venue is proper pursuant to Code of
18
Civil Procedure section 395(a) because the one or more Defendants reside in Sacramento Coimty.
19
FIRST CAUSE OF ACTION
(Child Sexual Abuse / Seduction as to Defendant Lt. Col. Holeman)
21 14. The allegations set forth in preceding paragraphs are realleged and incorporated
22 herein by reference.
23 15. In 2014-2015, Plaintiff DOE #1 was Lt. Col. Holeman's sttident and under his
24 supervision, care and command in the junior ROTC program at East Union High School. Lt.
25 Col. Holeman abused his position of power and tmst by engaging in sexual relations with
26 Plaintiff, a minor.
27 16. As a result of Lt. Col. Holeman's unlawful conduct. Plaintiff suffered physical
28 pain and psychological injuries and continues to suffer such psychological injuries and traimia,
4
COMPLAINT FOR DAMAGES
1
including depression, anxiety, mental anguish, humiliation, loss of enjoyment of life, and severe
2
emotional distress. Plaintiffhas incurred and will continue to incur medical expenses for
3
treatment, and for incidental medical expenses. Plaintiff demands all available damages
4
according to proof
5
17. Lt. Col. Holeman's conduct as described herein was willful, despicable, knowing,
6
and extreme, constituting malice and oppression. Accordingly, Plaintiff seeks an award of
7
punitive and exemplary damages in an amoimt according to proof.
8
9 SECOND CAUSE OF ACTION
(Child Sexual Battery as to Defendant Holeman)
10 18. The allegations set forth in preceding paragraphs are realleged and incorporated
11 herein by reference.
12 19. Lt. Col. Holeman abused his position of power and tmst by sexually assaulting
13 and battering Plaintiff DOE #1, a minor. Lt. Col. intended to cause offensive and/or harmful
14 contact and Plaintiff suffered sexually offensive contact. As a result of Lt. Col. Holeman's
15 unlawful conduct. Plaintiff suffered physical pain and psychological injuries and continues to
16 suffer such psychological injuries and trauma, including depression, anxiety, mental anguish,
17 humiliation, loss of enjoyment of life, and severe emotional distress. Plaintiffhas incurred and
1^ will continue to incur medical expenses for treatment, and for incidental medical expenses.
19 Plaintiff demands all available damages according to proof.
20 20. Lt. Col. Holeman's conduct as described herein was willful, despicable, knowing,
21 and extreme, constituting malice and oppression. Accordingly, Plaintiff seeks an award of
22 punitive and exemplary damages in an amount according to proof.
23
THIRD CAUSE OF ACTION
24 (Negligence as to Defendants Manteca Unified School District and ROES 1-20)
25 21. The allegations set forth in preceding paragraphs are realleged and incorporated
25 herein by reference.
27 22. At all times relevant to this complaint. Defendants Manteca Unified School
28 District and ROES 1-20 owed a duty to safeguard the safety of their students, such as Plaintiff. In
5
COMPLAINT FOR DAMAGES
1
effect. Defendants Manteca Unified School District and ROES 1-20 stood in the shoes of their
2
students' parents, acting in loco parentis, at all times when such students were under Defendants'
3
care. Additionally, Defendants ROES 1-10 had a statutory duty to mandatorily report any and all
4
suspected child abuse, including sexual abuse of a student by a teacher. ROES 1-10 breached
5
their duty by failing to report Lt. Col. Holeman, even though it was well known that Lt. Col.
6
Holeman maintained inappropriate relationships with the female students under his care,
7
especially Plaintiff DOE #1. A reasonable person would have suspected that Lt. Col. Holeman
8
was eiigaged in sexual activity with his students, including Plaintiff. Defendants ROES 1-10's
9
failure to report Lt. Col. Holeman was substantial factor in causing Plaintiffs' damages.
10
Defendants ROES 1-10's failure to report constitutes negligence per se as their actions were in
11
violation of Califomia Penal Code section 11166 seq. Defendant Manteca Unified School
12
District is vicariously liable for the negligence of ROES 1-10 and their violations ofCalifomia
13
Penal Code section 11166 etseq.
14
23. Defendants Manteca Unified School District and ROES 11-20 also breached their
15
duty of care to Plaintiff by, among other things, failing to properly train their agents and
16
employees on how to recognize and report suspected sexual activity between a student and a
17
teacher. Defendants ROES 11-20's failure to recognize and report Lt. Col. Holeman
18
inappropriate relationships with female students, especially Plaintiff DOE #1, was substantial
19
factor in causing Plaintiffs' damages. Defendants Manteca Unified School District and ROES
20
11- 20's improper training constitutes negligence per se. Defendant Manteca Unified School
21
District is vicariously liable for the negligence of ROES 11-20.
22
24. Defendants Manteca Unified School District and ROES 11 -20 had a duty to
23
properly vet, train, supervise and retain East Union High School agents and employees. Among
24
other acts and/or failures to act. Defendants Manteca Unified School District and ROES 11-20
25
were negligent in their hiring, training, supervision and retention Lt. Col. Holeman. Defendants
26
Manteca Unified and ROES 11-20 were further negligent by failing to maintain policies and
27
procedures to prevent the harms suffered by Plaintiff. With deliberate indifference, Defendants
28
6
COMPLAINT FOR DAMAGES
1
Manteca Unified School District and ROES 11-20 failed to take reasonable, necessary, proper
2
and adequate measures in order to protect Plaintiff from a sexual predator. Defendants Manteca
3
Unified School District and ROES 11-20's negligence was substantial factor in causing
4
Plaintiffs' damages. Defendants Manteca Unified School District and ROES 11- 20's negligent
5
hiring, training, supervision and retention Lt. Col. Holeman constitutes negligence per se.
6
Manteca Unified District is vicariously liable for its negligence and negligence of ROES 11-20.
7
25. As a result of Defendants Manteca Unified and ROES 1-20's negligent conduct.
8
Plaintiff suffered physical pain and psychological injuries and continues to suffer such
9
psychological injuries and trauma, including depression, anxiety, mental anguish, humiliation,
10
loss of enjoyment of life, and severe emotional distress. Plaintiffhas incurred and will continue
11
to incur medical expenses for treatment, and for incidental medical expenses. Plaintiff demands
12
all available damages according to proof.
13
26. Defendants ROES 1-20's conduct as described above was despicable and
14
performed with a willful and knowing disregard for therightsof students, including Plaintiff.
15
Accordingly, Plaintiffs seek an award of punitive and exemplary damages in an amount
16
according to proof.
17
18 FOURTH CAUSE OF ACTION
(Intentional Infliction of Emotional Distress as to Defendant Holeman)
19 27. The allegations set forth in preceding paragraphs are realleged and incorporated
20 herein by reference.
21 28. Lt. Col. Holeman engaged in the extreme and outrageous conduct herein as above
22 alleged with wanton and reckless disregard of the probability of causing Plaintiffs, and each of
23 them, to suffer severe emotional distress. Lt. Col. Holeman's conduct included subjecting
24 Plaintiff to repeated sexual assaults and repeated sexualized conversations at school. Lt. Col.
25 Holeman's conduct further violated the tmst placed in him by Plaintiffs Jane Doe #2 and John
26 Doe, who entmsted their daughter to his custody and care.
27 29. As a proximate cause of Lt. Col. Holeman's conduct, Plaintiffs, and each of them,
28 suffered severe emotional distress, mental anguish, depression, anxiety, and humiliation.
^ 7
COMPLAINT FOR DAMAGES
1
Plaintiffs have sustained and continue to sustain aggravated medical problems resulting from,
2
among other things, depression, anxiety, humiliation, and emotional distress. Plaintiffs have
3
incurred and will continue to incur medical expenses for treatment, and for incidental medical
4
expenses; and Plaintiffs have suffered and continue to suffer emotional pain and suffering.
5
Plaintiffs are therefore entitled to damages according to proof.
6
30. Lt. Col. Holeman's conduct as described above was willful, despicable, knowing,
7
and intentional, constituting malice and oppression. Accordingly, Plaintiffs seek an award of
8
punitive and exemplary damages in an amount according to proof.
9
FIFTH CAUSE OF ACTION
10
(Negligent Infliction of Emotional Distress as to all Defendants)
11 31. The allegations set forth in preceding paragraphs are realleged and incorporated
12 herein by reference.
13 32. Defendants owed Plaintiffs a duty of care not to engage in actions that would
14 cause them emotional distress. Defendants breached said duty by their own conduct as alleged
15 herein, including Defendants' failure to report and guard against Lt. Col. Holeman sex abuse of
16 Plaintiff. As a result of Defendants' negligence. Plaintiffs, and each of them, suffered serious
17 emotional distress, mental anguish, depression, embarrassment, anxiety and humiliation.
18 Plaintiffs have sustained and continue to sustain aggravated medical problems resulting from,
19 among other things, depression, anxiety, humiliation, and emotional distress. Plaintiffs have
20 incurred and will continue to incur medical expenses for treatment, and for incidental medical
21 expenses; and Plaintiffs have suffered and continue to suffer emotional pain and suffering.
22 Plaintiffs are thereby entitled to damages according to proof
23 33. Defendants Lt. Col. Holeman and ROES 1-20's conduct as described above
24 constituted malice and oppression. Accordingly, Plaintiffs seek an award of punitive and
25 exemplary damages in an amount according to proof
26
SIXTH CAUSE OF ACTION
27 (Sexual Harassment as to all Defendants)
2g 34. The allegations set forth in preceding paragraphs are realleged and incorporated
8
COMPLAINT FOR DAMAGES
1
herein by reference.
2
35. Education Code section 220 states "[n]o person shall be subjected to
3
discrimination on the basis of disability, gender, gender identity, gender expression, nationality,
4
race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the
5
defmition of hate crimes set forth in Section 422.55 of the Penal Code in any program or activity
6
conducted by an educational institution that receives, or benefitsfrom,state financial assistance
7
or enrolls pupils who receive state student fmancial aid."
8
36. Education Code section 201 states "[a]ll pupils have therightto participate fully
9
in the educational process,freefromdiscrimination and harassment [...] Califomia's public
10
schools have an affirmative obligation to combat racism, sexism, and other forms of bias, and a
11
responsibility to provide equal educational opportunity [...] Harassment on school grounds
12
directed at an individual on the basis of personal characteristics or status creates a hostile
13
environment and jeopardizes equal educational opportunity as guaranteed by the Califomia
14
Constitution and the United States Constitution [...] There is an urgent need to prevent and
15
respond to acts of hate violence and bias-related incidents that are occurring at an increasing rate
16
in Califomia's public schools [...] It is the intent ofthe Legislature that this chapter shall be
17
interpreted as consistent with [...] Title IX of the Education Amendments of 1972 (20 U.S.C. Sec.
18
1681, et seq.) [...] the Unmh Civil Rights Act (Sees. 51 to 53, inch. Civ. C), and the Fair
19
Employment and Housing Act (Pt. 2.8 (commencing with Sec. 12900), Div. 3, Gov. C), except
20
where this chapter may grant more protections or impose additional obligations, and that the
21
remedies provided herein shall not be the exclusive remedies, but may be combined with
22
remedies that may be provided by the above statutes."
23
37. The Califomia Supreme Court has determined: "Responsibility for the safety of
24
public school students is not home solely by instmctional personnel. School principals and other
25
supervisory employees, to the extent their duties include overseeing the educational environment
26
and the performance of teachers and counselors, also have the responsibility of taking reasonable
.27
measures to guard pupils against harassment..." CA. v. William S. Hart Union High School
28
9
COMPLAINT FOR DAMAGES
1
Dist et. al., (2012) 53 Cal. 4th 861, 871. "A principal is liable when it ratifies an originally
2
unauthorized tort. The failure to discharge an agent or employee may be evidence of ratification.
3
.. If the employer, after knowledge or opportunity to leam of the agent's misconduct, continues
4
the wrongdoer in service, the employer may become an abettor and may make himself liable in
5
punitive damages." Murillo v. Rite Stuff Foods Inc., (1998) 65 Cal. App. 4th 833, 852 (intemal
6
citations omitted).
7
38. During Plaintiffs time as a student at Manteca Unified School District, Defendant
8
Lt. Col. Holeman intentionally, recklessly and wantonly made sexual advances, solicitations,
9
requests, demands for sexual compliance based on Plaintiffs gender that were unwelcome,
10
pervasive and severe. The incidents of abuse outlined herein above took place while Plaintiff
11
was under the control of Defendant Lt. Col. Holeman, in his capacity and position as a teacher,
12
advisor and mentor and while acting specifically on behalf of Defendants.
13
39. During Plaintiffs time as a student at Manteca Unified School District, Defendant
14
Lt. Col. Holeman intentionally, recklessly and wantonly did acts which resulted in psychological
15
harm to the Plaintiff, including but not limited to, using his position as a teacher, instmctor,
16
advisor, and mentor to sexually harass and abuse the Plaintiff, and to use his authority and
17
position of tmst to exploit the Plaintiff emotionally.
18
40. Because of Plaintiff s relationship with Lt. Col. Holeman as a student at Manteca
19
Unified School District, and Plaintiffs young age as a minor student. Plaintiff was unable to
20
easily terminate the student-teacher, student-advisor, and student-mentor relationships she had
21
with Defendant Lt. Col. Holeman. Because of Lt. Col. Holeman's position of authority over
22
Plaintiff, and Plaintiffs mental and emotional state, and Plaintiffs young age under the age of
23
consent. Plaintiff was unable to, and did not give meaningful consent to such acts.
24
41. Even though the Defendants knew or should have known of these activities by
25
Defendant Lt. Col. Holeman, Defendants did nothing to investigate, supervise or monitor
26
Defendant Lt. Col. Holeman to ensure the safety of the minor female students, but instead ratified
27
such conduct by retaining Lt. Col. Holeman in employment and retaining the benefits of his
28
10
COMPLAINT FOR DAMAGES
1
employment.
2
42. Defendants' conduct was a breach of their duties to Plaintiff. Defendant Manteca
3
Unified School District ratified Lt. Col. Holeman's illicit sexual harassment of Plaintiff by
4
retaining him in employment despite having knowledge and/or reasonable suspicion that the
5
sexual harassment was occurring.
6
43. As a result ofthe above-described conduct, Plaintiffhas suffered and continues to
7
suffer great pain of mind and body, shock, emotional distress, physical manifestations of
8
emotional distress, embarrassment, loss of self-esteem, disgrace, humiliations, and loss of
9
enjoyment of life; has suffered and continues to suffer and was prevented and will continue to be
10
prevented from performing daily activities and obtaining the full enjoyment of life; will sustain
11
loss of eamings and eaming capacity, and/or has incurred and will continue to incur expenses for
12
medical and psychological treatment, therapy, and counseling.
13
44. The aforesaid acts directed towards the Plaintiff were carried out with a conscious
14
disregard of Plaintiffsrightto befreefromsuch tortious behavior, such as to constitute
15
oppression,fraudor malice pursuant to Califomia Civil Code section 3294, entitling Plaintiff to
16
punitive damages against Defendant Lt. Col. Holeman in an amount appropriate to punish and set
17
an example of him, and also pursuant to Civil Code section 52. Plaintiff is also entitled to
18
attomey's fees and costsfromDefendants pursuant to Civil Code section 52, especially given
19
Manteca Unified School District's authorization or ratification of such acts by its managing
20
agents, officers or directors.
21
V. PRAYER FOR RELIEF
22
Wherefore, Plaintiffs prays for judgment as follows:
23
1. For compensatory damages, including all economic and noneconomic damages;
24
2. For exemplary and punitive damages as allowable by law;
25
4. For reasonable attomeys' fees pursuant to all applicable statutes;
26
5. For prejudgment and post-judgment interest;
27
5. For costs of suit incurred herein; and
28
11
COMPLAINT FOR DAMAGES
1
6. For such other and further relief as this court may deem just and proper.
2
3
Respectfully Submitted,
4
5 Dated: Febmary 25, 2020 LAW OFFICES OF ANDREW NEILSON AND
FULVIO F. CAJINA
6
7
8 Fulvio F. Cajina
Attomeys for Plaintiffs
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12
COMPLAINT FOR DAMAGES
RECEIVED
hi DROP BOX
2020FEB26 PH \--k2
Preview
1 FULVIO F. CAJINA, State Bar No. 289126 ANDREW NEILSON, State Bar No. 221694 Superior Court Of Carifpmla, 2 Law Offices of Andrew Neilson & Fulvio F. Cajina 528 Grand Avenue 3 Oakland, CA 94610 02/26/2020 Tel.: (510) 543-1912 4 Fax:(510)350-8598 Email: fulvio(a),cajinalaw.com BY 5 aneilsonfgianeilsonlaw.com Ca&a Mumbtsr:. 6 Attomeys for Plaintiffs JANE DOE #1, JANE DOE #2 and 34=2020-002762 JOHN DOE 7 8 SUPERIOR COURT FOR THE COUNTY OF SACRAMENTO 9 UNLIMITED JURISDICTION 10 JANE DOE #1, an individual, JANE Case No. BY FAX 11 DOE #2, an individual, and JOHN DOE, an individual. COMPLAINT FOR DAMAGES 12 Plaintiffs, 13 1- Child Sexual Abuse / Seduction 2- Child Sexual Battery 14 3- Negligence KEVIN PATRICK HOLEMAN, an 4- Intentional Infliction of Emotional Distress 15 5- Negligent Infliction of Emotional Distress individual; MANTECA UNIFIED 16 SCHOOL DISTRICT, a governmental 6- Sexual Harassment entity; and ROES 1-20, 17 JURY TRIAL DEMANDED Defendants. 18 19 20 Plaintiffs bring this action against the Manteca Unified School District, Kevin Patrick 21 Holeman, and Roes 1-20 for damages arising from Kevin Patrick Holman's rape and sexual 22 battery of Jane Doe #1 ("Plaintiff'). Plaintiffs allege and aver the following based upon personal 23 knowledge as to facts known to them, and upon information and belief as to all other matters. 24 FACTS 25 1. Plaintiff JANE DOE # 1 attended East Union High School from 2012 to 2016. 26 She was a student in the school's Junior Reserve Officers' Training Corps program ("ROTC") 27 and was under the care of the school and her teachers at all times relevant to this complaint. 28 1 COMPLAINT FOR DAMAGES 1 Kevin Patrick Holeman, a retired Lieutenant Colonel with the United States Army, was her 2 ROTC instructor. In 2015, Lt. Col. Holeman raped Plaintiff. She was 16 years old. Her teacher 3 was 51. 4 2. Lt. Col. Holeman's predatory behavior began in 2014. In or about October 2014, 5 Lt. Col. Holeman began to "groom and condition" Plaintiff DOE #1 for a sexual relationship. 6 With the pretext of needing to communicate with her about ROTC matters, Lt. Col. Holeman 7 would ask Plaintiff to stay after school. Lt. Col. Holeman would share "personal matters" (such 8 as complaints about his marriage) and discuss adult topics (such as sex) in order to bond with 9 PlaintifF DOE #1 and establish trust. Lt. Col. Holeman wouldfrequentlycontact Plaintiff DOE 10 #1 through a mobile game that had a chat feature. Lt. Col. Holeman would arrange meetings 11 with Plaintiff through the mobile game chat. 12 3. Plaintiffs are informed and believe that Lt. Col. Holeman fostered and maintained 13 inappropriate relationships with several female ROTC students, all of whom were young teens. 14 Upon information and belief, many students and staff, including ROES 1-20, witnessed Lt. Col. 15 Holeman interacting inappropriately with female ROTC students, especially Plaintiff DOE #1. 16 For example, Lt. Col. Holeman would give Plaintiff DOE #1 rides to/from school, let her drive 17 his car, and drive her around the town. Lt. Col. Holeman would also spend a lot of time with 18 other young female ROTC students both on and off campus. 19 4. In 2015, Lt. Col. Holeman's flirting with Plaintiff DOE #1 become more overt. 20 Lt. Col. Holeman spent excessive time with Plaintiff, both on and off campus. Lt. Col. 21 Holeman's actions were so blatant and obvious that any reasonable person would have suspected 22 "I 23 that he was engaged in inappropriate and unlawful interactions with Plaintiff. However, 24 Plaintiffs, all of them, are informed and believe that none of the East Union High School staff 25 reported any such actions as required by Penal Code section 11166, despite observing Lt. Col. 26 Holeman acting inappropriately with his female cadets, especially Plaintiff DOE #1. Instead East 27 Union High School staff, including ROES 1-20, tumed a blind eye to Lt. Col. Holeman's 28 inappropriate conduct. 2 COMPLAINT FOR DAMAGES 1 5. In spring 2015, before an ROTC event at school, Lt. Col. Holeman took Plaintiff 2 DOE #1 to an isolated location where he raped and sexually battered her. This was Plaintiffs 3 first time having sexual intercourse. Lt. Col. Holeman continued to spend excess time with 4 Plaintiff and sexually assaulted her over the course of the next several months. Plaintiffs, all of 5 them, are infonned and belief that none of the East Union High School staff reported any such 6 actions. 7 6. In August 2015, police discovered that Lt. Col. Holeman was engaged in 8 inappropriate relationships with his female students, including Plaintiff DOE #1. The Manteca 9 Police Department laimched an investigation. Lt. Col. Holeman was charged with three felony 10 counts of having unlawful intercourse with a minor (statutory rape of Plaintiff), sending lewd 11 materials to a minor, and contacting a minor with sexual intent. Lt. Col. Holeman pled guilty to 12 one or more charges and was sentenced to jail. 13 PARTIES 14 7. Plaintiff Jane Doe #1 is an individual residingjn the State of Califomia. She 15 brings this lawsuit anonymously. In 2014-2015, Jane Doe #1 was a minor and a student at East 16 Union High School. East Union High School is in the Manteca Unified School District. 17 8. Plaintiff Jane Doe #2 is an individual residing in the State of Califomia. She 18 brings this lawsuit anonymously. Plaintiff Jane Doe #2 is the mother of Jane Doe #1. Plaintiff 19 Jane Doe #2 has been injured due to the actions and inactions of Defendants. 20 9. Plaintiff John Doe is an individual residing in the State of Califomia. He brings 21 this lawsuit anonymously. Plaintiff John Doe is the father of Jane Doe #1. Plaintiff John Doe 22 has been injured due to the actions and inactions of Defendants. 23 10. Defendant Kevin Patrick Holeman was, at all times material to this complaint, a 24 teacher employed by Manteca Unified School District. While acting in his capacity as a Manteca 25 Unified schoolteacher. Defendant Holeman statutorily raped and sexually abused Plaintiff DOE 26 #1, his student. Defendant Holeman resides in the County of Sacramento. 27 11. Defendant Manteca Unified School District is a governmental agency, a school 28 COMPLAINT FOR DAMAGES 1 district organized and existing under the laws of the State of Califomia with its principal offices 2 in the City of Manteca, located in the County of San Joaquin. At all times relevant to this 3 complaint, Manteca Unified School District employed defendants Kevin Patrick Lt. Col. 4 Holeman and ROES 1-20. Manteca Unified School District is both directly liable and 5 vicariously liable for its negligence and the negligence of its agents and employees. 6 12. Plaintiffs are ignorant of the tme names or identities of the fictitiously named 7 ROE Defendants. Plaintiffs are informed and believe that ROE Defendants, and each of them, 8 are employees and/or agents of Manteca Unified School District, who, while acting as agents 9 and/or employees of Manteca Unified School District, acted unlawfully and/or negligently, 10 causing Plaintiffs to suffer the injuries alleged herein. Plaintiffs are informed and believe that the 11 ROE Defendants, and each of them, were responsible for overseeing, vetting, hiring and/or 12 supervising Defendant Lt. Col. Holeman, and acted unlawfully and/or negligently, causing 13 Plaintiffs to suffer the injuries alleged herein. Plaintiffs will amend this Complaint once the trae 14 names or identities ofthe ROE Defendants are discovered. 15 JURISDICTION AND VENUE 16 13. Jurisdiction is proper pursuant to Code of Civil Procedure Section 410.10 because 17 the acts complained of took place in the State of Califomia. Venue is proper pursuant to Code of 18 Civil Procedure section 395(a) because the one or more Defendants reside in Sacramento Coimty. 19 FIRST CAUSE OF ACTION (Child Sexual Abuse / Seduction as to Defendant Lt. Col. Holeman) 21 14. The allegations set forth in preceding paragraphs are realleged and incorporated 22 herein by reference. 23 15. In 2014-2015, Plaintiff DOE #1 was Lt. Col. Holeman's sttident and under his 24 supervision, care and command in the junior ROTC program at East Union High School. Lt. 25 Col. Holeman abused his position of power and tmst by engaging in sexual relations with 26 Plaintiff, a minor. 27 16. As a result of Lt. Col. Holeman's unlawful conduct. Plaintiff suffered physical 28 pain and psychological injuries and continues to suffer such psychological injuries and traimia, 4 COMPLAINT FOR DAMAGES 1 including depression, anxiety, mental anguish, humiliation, loss of enjoyment of life, and severe 2 emotional distress. Plaintiffhas incurred and will continue to incur medical expenses for 3 treatment, and for incidental medical expenses. Plaintiff demands all available damages 4 according to proof 5 17. Lt. Col. Holeman's conduct as described herein was willful, despicable, knowing, 6 and extreme, constituting malice and oppression. Accordingly, Plaintiff seeks an award of 7 punitive and exemplary damages in an amoimt according to proof. 8 9 SECOND CAUSE OF ACTION (Child Sexual Battery as to Defendant Holeman) 10 18. The allegations set forth in preceding paragraphs are realleged and incorporated 11 herein by reference. 12 19. Lt. Col. Holeman abused his position of power and tmst by sexually assaulting 13 and battering Plaintiff DOE #1, a minor. Lt. Col. intended to cause offensive and/or harmful 14 contact and Plaintiff suffered sexually offensive contact. As a result of Lt. Col. Holeman's 15 unlawful conduct. Plaintiff suffered physical pain and psychological injuries and continues to 16 suffer such psychological injuries and trauma, including depression, anxiety, mental anguish, 17 humiliation, loss of enjoyment of life, and severe emotional distress. Plaintiffhas incurred and 1^ will continue to incur medical expenses for treatment, and for incidental medical expenses. 19 Plaintiff demands all available damages according to proof. 20 20. Lt. Col. Holeman's conduct as described herein was willful, despicable, knowing, 21 and extreme, constituting malice and oppression. Accordingly, Plaintiff seeks an award of 22 punitive and exemplary damages in an amount according to proof. 23 THIRD CAUSE OF ACTION 24 (Negligence as to Defendants Manteca Unified School District and ROES 1-20) 25 21. The allegations set forth in preceding paragraphs are realleged and incorporated 25 herein by reference. 27 22. At all times relevant to this complaint. Defendants Manteca Unified School 28 District and ROES 1-20 owed a duty to safeguard the safety of their students, such as Plaintiff. In 5 COMPLAINT FOR DAMAGES 1 effect. Defendants Manteca Unified School District and ROES 1-20 stood in the shoes of their 2 students' parents, acting in loco parentis, at all times when such students were under Defendants' 3 care. Additionally, Defendants ROES 1-10 had a statutory duty to mandatorily report any and all 4 suspected child abuse, including sexual abuse of a student by a teacher. ROES 1-10 breached 5 their duty by failing to report Lt. Col. Holeman, even though it was well known that Lt. Col. 6 Holeman maintained inappropriate relationships with the female students under his care, 7 especially Plaintiff DOE #1. A reasonable person would have suspected that Lt. Col. Holeman 8 was eiigaged in sexual activity with his students, including Plaintiff. Defendants ROES 1-10's 9 failure to report Lt. Col. Holeman was substantial factor in causing Plaintiffs' damages. 10 Defendants ROES 1-10's failure to report constitutes negligence per se as their actions were in 11 violation of Califomia Penal Code section 11166 seq. Defendant Manteca Unified School 12 District is vicariously liable for the negligence of ROES 1-10 and their violations ofCalifomia 13 Penal Code section 11166 etseq. 14 23. Defendants Manteca Unified School District and ROES 11-20 also breached their 15 duty of care to Plaintiff by, among other things, failing to properly train their agents and 16 employees on how to recognize and report suspected sexual activity between a student and a 17 teacher. Defendants ROES 11-20's failure to recognize and report Lt. Col. Holeman 18 inappropriate relationships with female students, especially Plaintiff DOE #1, was substantial 19 factor in causing Plaintiffs' damages. Defendants Manteca Unified School District and ROES 20 11- 20's improper training constitutes negligence per se. Defendant Manteca Unified School 21 District is vicariously liable for the negligence of ROES 11-20. 22 24. Defendants Manteca Unified School District and ROES 11 -20 had a duty to 23 properly vet, train, supervise and retain East Union High School agents and employees. Among 24 other acts and/or failures to act. Defendants Manteca Unified School District and ROES 11-20 25 were negligent in their hiring, training, supervision and retention Lt. Col. Holeman. Defendants 26 Manteca Unified and ROES 11-20 were further negligent by failing to maintain policies and 27 procedures to prevent the harms suffered by Plaintiff. With deliberate indifference, Defendants 28 6 COMPLAINT FOR DAMAGES 1 Manteca Unified School District and ROES 11-20 failed to take reasonable, necessary, proper 2 and adequate measures in order to protect Plaintiff from a sexual predator. Defendants Manteca 3 Unified School District and ROES 11-20's negligence was substantial factor in causing 4 Plaintiffs' damages. Defendants Manteca Unified School District and ROES 11- 20's negligent 5 hiring, training, supervision and retention Lt. Col. Holeman constitutes negligence per se. 6 Manteca Unified District is vicariously liable for its negligence and negligence of ROES 11-20. 7 25. As a result of Defendants Manteca Unified and ROES 1-20's negligent conduct. 8 Plaintiff suffered physical pain and psychological injuries and continues to suffer such 9 psychological injuries and trauma, including depression, anxiety, mental anguish, humiliation, 10 loss of enjoyment of life, and severe emotional distress. Plaintiffhas incurred and will continue 11 to incur medical expenses for treatment, and for incidental medical expenses. Plaintiff demands 12 all available damages according to proof. 13 26. Defendants ROES 1-20's conduct as described above was despicable and 14 performed with a willful and knowing disregard for therightsof students, including Plaintiff. 15 Accordingly, Plaintiffs seek an award of punitive and exemplary damages in an amount 16 according to proof. 17 18 FOURTH CAUSE OF ACTION (Intentional Infliction of Emotional Distress as to Defendant Holeman) 19 27. The allegations set forth in preceding paragraphs are realleged and incorporated 20 herein by reference. 21 28. Lt. Col. Holeman engaged in the extreme and outrageous conduct herein as above 22 alleged with wanton and reckless disregard of the probability of causing Plaintiffs, and each of 23 them, to suffer severe emotional distress. Lt. Col. Holeman's conduct included subjecting 24 Plaintiff to repeated sexual assaults and repeated sexualized conversations at school. Lt. Col. 25 Holeman's conduct further violated the tmst placed in him by Plaintiffs Jane Doe #2 and John 26 Doe, who entmsted their daughter to his custody and care. 27 29. As a proximate cause of Lt. Col. Holeman's conduct, Plaintiffs, and each of them, 28 suffered severe emotional distress, mental anguish, depression, anxiety, and humiliation. ^ 7 COMPLAINT FOR DAMAGES 1 Plaintiffs have sustained and continue to sustain aggravated medical problems resulting from, 2 among other things, depression, anxiety, humiliation, and emotional distress. Plaintiffs have 3 incurred and will continue to incur medical expenses for treatment, and for incidental medical 4 expenses; and Plaintiffs have suffered and continue to suffer emotional pain and suffering. 5 Plaintiffs are therefore entitled to damages according to proof. 6 30. Lt. Col. Holeman's conduct as described above was willful, despicable, knowing, 7 and intentional, constituting malice and oppression. Accordingly, Plaintiffs seek an award of 8 punitive and exemplary damages in an amount according to proof. 9 FIFTH CAUSE OF ACTION 10 (Negligent Infliction of Emotional Distress as to all Defendants) 11 31. The allegations set forth in preceding paragraphs are realleged and incorporated 12 herein by reference. 13 32. Defendants owed Plaintiffs a duty of care not to engage in actions that would 14 cause them emotional distress. Defendants breached said duty by their own conduct as alleged 15 herein, including Defendants' failure to report and guard against Lt. Col. Holeman sex abuse of 16 Plaintiff. As a result of Defendants' negligence. Plaintiffs, and each of them, suffered serious 17 emotional distress, mental anguish, depression, embarrassment, anxiety and humiliation. 18 Plaintiffs have sustained and continue to sustain aggravated medical problems resulting from, 19 among other things, depression, anxiety, humiliation, and emotional distress. Plaintiffs have 20 incurred and will continue to incur medical expenses for treatment, and for incidental medical 21 expenses; and Plaintiffs have suffered and continue to suffer emotional pain and suffering. 22 Plaintiffs are thereby entitled to damages according to proof 23 33. Defendants Lt. Col. Holeman and ROES 1-20's conduct as described above 24 constituted malice and oppression. Accordingly, Plaintiffs seek an award of punitive and 25 exemplary damages in an amount according to proof 26 SIXTH CAUSE OF ACTION 27 (Sexual Harassment as to all Defendants) 2g 34. The allegations set forth in preceding paragraphs are realleged and incorporated 8 COMPLAINT FOR DAMAGES 1 herein by reference. 2 35. Education Code section 220 states "[n]o person shall be subjected to 3 discrimination on the basis of disability, gender, gender identity, gender expression, nationality, 4 race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the 5 defmition of hate crimes set forth in Section 422.55 of the Penal Code in any program or activity 6 conducted by an educational institution that receives, or benefitsfrom,state financial assistance 7 or enrolls pupils who receive state student fmancial aid." 8 36. Education Code section 201 states "[a]ll pupils have therightto participate fully 9 in the educational process,freefromdiscrimination and harassment [...] Califomia's public 10 schools have an affirmative obligation to combat racism, sexism, and other forms of bias, and a 11 responsibility to provide equal educational opportunity [...] Harassment on school grounds 12 directed at an individual on the basis of personal characteristics or status creates a hostile 13 environment and jeopardizes equal educational opportunity as guaranteed by the Califomia 14 Constitution and the United States Constitution [...] There is an urgent need to prevent and 15 respond to acts of hate violence and bias-related incidents that are occurring at an increasing rate 16 in Califomia's public schools [...] It is the intent ofthe Legislature that this chapter shall be 17 interpreted as consistent with [...] Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 18 1681, et seq.) [...] the Unmh Civil Rights Act (Sees. 51 to 53, inch. Civ. C), and the Fair 19 Employment and Housing Act (Pt. 2.8 (commencing with Sec. 12900), Div. 3, Gov. C), except 20 where this chapter may grant more protections or impose additional obligations, and that the 21 remedies provided herein shall not be the exclusive remedies, but may be combined with 22 remedies that may be provided by the above statutes." 23 37. The Califomia Supreme Court has determined: "Responsibility for the safety of 24 public school students is not home solely by instmctional personnel. School principals and other 25 supervisory employees, to the extent their duties include overseeing the educational environment 26 and the performance of teachers and counselors, also have the responsibility of taking reasonable .27 measures to guard pupils against harassment..." CA. v. William S. Hart Union High School 28 9 COMPLAINT FOR DAMAGES 1 Dist et. al., (2012) 53 Cal. 4th 861, 871. "A principal is liable when it ratifies an originally 2 unauthorized tort. The failure to discharge an agent or employee may be evidence of ratification. 3 .. If the employer, after knowledge or opportunity to leam of the agent's misconduct, continues 4 the wrongdoer in service, the employer may become an abettor and may make himself liable in 5 punitive damages." Murillo v. Rite Stuff Foods Inc., (1998) 65 Cal. App. 4th 833, 852 (intemal 6 citations omitted). 7 38. During Plaintiffs time as a student at Manteca Unified School District, Defendant 8 Lt. Col. Holeman intentionally, recklessly and wantonly made sexual advances, solicitations, 9 requests, demands for sexual compliance based on Plaintiffs gender that were unwelcome, 10 pervasive and severe. The incidents of abuse outlined herein above took place while Plaintiff 11 was under the control of Defendant Lt. Col. Holeman, in his capacity and position as a teacher, 12 advisor and mentor and while acting specifically on behalf of Defendants. 13 39. During Plaintiffs time as a student at Manteca Unified School District, Defendant 14 Lt. Col. Holeman intentionally, recklessly and wantonly did acts which resulted in psychological 15 harm to the Plaintiff, including but not limited to, using his position as a teacher, instmctor, 16 advisor, and mentor to sexually harass and abuse the Plaintiff, and to use his authority and 17 position of tmst to exploit the Plaintiff emotionally. 18 40. Because of Plaintiff s relationship with Lt. Col. Holeman as a student at Manteca 19 Unified School District, and Plaintiffs young age as a minor student. Plaintiff was unable to 20 easily terminate the student-teacher, student-advisor, and student-mentor relationships she had 21 with Defendant Lt. Col. Holeman. Because of Lt. Col. Holeman's position of authority over 22 Plaintiff, and Plaintiffs mental and emotional state, and Plaintiffs young age under the age of 23 consent. Plaintiff was unable to, and did not give meaningful consent to such acts. 24 41. Even though the Defendants knew or should have known of these activities by 25 Defendant Lt. Col. Holeman, Defendants did nothing to investigate, supervise or monitor 26 Defendant Lt. Col. Holeman to ensure the safety of the minor female students, but instead ratified 27 such conduct by retaining Lt. Col. Holeman in employment and retaining the benefits of his 28 10 COMPLAINT FOR DAMAGES 1 employment. 2 42. Defendants' conduct was a breach of their duties to Plaintiff. Defendant Manteca 3 Unified School District ratified Lt. Col. Holeman's illicit sexual harassment of Plaintiff by 4 retaining him in employment despite having knowledge and/or reasonable suspicion that the 5 sexual harassment was occurring. 6 43. As a result ofthe above-described conduct, Plaintiffhas suffered and continues to 7 suffer great pain of mind and body, shock, emotional distress, physical manifestations of 8 emotional distress, embarrassment, loss of self-esteem, disgrace, humiliations, and loss of 9 enjoyment of life; has suffered and continues to suffer and was prevented and will continue to be 10 prevented from performing daily activities and obtaining the full enjoyment of life; will sustain 11 loss of eamings and eaming capacity, and/or has incurred and will continue to incur expenses for 12 medical and psychological treatment, therapy, and counseling. 13 44. The aforesaid acts directed towards the Plaintiff were carried out with a conscious 14 disregard of Plaintiffsrightto befreefromsuch tortious behavior, such as to constitute 15 oppression,fraudor malice pursuant to Califomia Civil Code section 3294, entitling Plaintiff to 16 punitive damages against Defendant Lt. Col. Holeman in an amount appropriate to punish and set 17 an example of him, and also pursuant to Civil Code section 52. Plaintiff is also entitled to 18 attomey's fees and costsfromDefendants pursuant to Civil Code section 52, especially given 19 Manteca Unified School District's authorization or ratification of such acts by its managing 20 agents, officers or directors. 21 V. PRAYER FOR RELIEF 22 Wherefore, Plaintiffs prays for judgment as follows: 23 1. For compensatory damages, including all economic and noneconomic damages; 24 2. For exemplary and punitive damages as allowable by law; 25 4. For reasonable attomeys' fees pursuant to all applicable statutes; 26 5. For prejudgment and post-judgment interest; 27 5. For costs of suit incurred herein; and 28 11 COMPLAINT FOR DAMAGES 1 6. For such other and further relief as this court may deem just and proper. 2 3 Respectfully Submitted, 4 5 Dated: Febmary 25, 2020 LAW OFFICES OF ANDREW NEILSON AND FULVIO F. CAJINA 6 7 8 Fulvio F. Cajina Attomeys for Plaintiffs 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 COMPLAINT FOR DAMAGES RECEIVED hi DROP BOX 2020FEB26 PH \--k2