IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
M.S.,
Plaintiff,
Case No.
vs. Hon.
ROCHESTER COMMUNITY SCHOOL
DISTRICT, CARRIE LAWLER, in her
individual capacity, NEIL DeLUCA, in his
individual capacity, and KATHRYN
HOUGHTALING, in her individual capacity,
Defendants.
__________________________________________________________________
KIRSTINA R. MAGYARI (P82775)
JONATHAN R. MARKO (P72450)
MARKO LAW, PLLC
1300 Broadway Street, 5th Floor
Detroit, MI 48226
Phone/Fax: 313-879-0229
kirstie@[Link]
__________________________________________________________________
There is no other civil action between these parties arising
out of the same transaction or occurrence as alleged in this
Complaint pending in this Court, nor has any such action
been previously filed and dismissed or transferred after
having been assigned to a judge, nor do I know of any other
civil action, not between these parties, arising out of the
same transaction or occurrence as alleged in this Complaint
that is either pending or was previously filed and dismissed,
transferred or otherwise disposed of after having been
assigned to a Judge in this Court.
__________________________________________________________________
COMPLAINT AND JURY DEMAND
1
NOW COMES the above-named Plaintiff, by and through his attorneys,
Marko Law, PLLC, and for his Complaint against the above-named Defendants,
states as follows:
INTRODUCTION
1. Plaintiff M.S., a former student at Rochester High School, who suffers
from multiple disabilities, including but not limited to a learning disability and
ADD/ADHD, was repeatedly drugged and raped by his special education teacher,
Defendant Kathryn Houghtaling.
2. Defendant Houghtaling harassed Plaintiff for sex and texted his
cellphone daily, while in the classroom during school and while in the care of
Defendant Rochester Community School District. Defendant Houghtaling attempted
to bribe Plaintiff for sex, even offering to take his tests for him in exchange for sexual
acts.
3. Defendant Houghtaling would pull Plaintiff M.S. out of his other
classes throughout the school day, provide him hall passes, and could be constantly
seen by others at Rochester High School walking with and acting in an affectionate
and flirtatious manner with Plaintiff M.S. in the hallway.
4. Defendant Houghtaling was in her first year as a special education
teacher at Rochester High School before she drugged and raped her then 17-year-
2
old student, Plaintiff M.S. She was also the head of the IEP (Individualized
Education Program) Committee for Plaintiff.
5. At all times relevant herein, Defendant Kathryn Houghtaling was a
teacher employed by Defendant Rochester Community School District.
6. Upon information and belief, Defendant Katheryn raped at least one
other teenage student, and likely more.
7. Defendant Rochester Community School District had a duty to protect
its students, which was breached when it failed to protect Plaintiff M.S. from sexual
assault, sexual abuse, and harassment by its employee.
8. Other students at Rochester High School and within the Defendant
Rochester Community School District bullied and incessantly harassed Plaintiff
M.S. during school for his disabilities and for being raped by their teacher,
Defendant Kathryn Houghtaling.
9. For example, text messages, Snap Chats, and memes edited to include
Plaintiff and Defendant Teacher’s containing photos and lewd and offensive
captions were distributed to Plaintiff and other students, including but not limited to
the following:
3
4
10. The administration at Defendant Rochester Community School District
was on notice of the bullying and harassment Plaintiff M.S. experienced daily, and
failed to act or protect Plaintiff, despite the duty they owed to Plaintiff.
11. Further, after being notified that Plaintiff M.S. was drugged, raped, and
harassed, Defendant Rochester Community School District failed to take
responsibility or further action regarding the safety of Plaintiff M.S., Principal
Deluca telling Plaintiff’s guardians, “I am not doing anything. I am looking to the
5
future” during a meeting with the Assistant Superintendent of Defendant Rochester
Community School District, Carrie Lawler.
12. As a result of Defendants’ atrocious treatment of, and disregard to,
Plaintiff M.S., he was forced to transfer to a different high school months before the
end of his senior year.
13. Plaintiffs seek declaratory and injunctive relief, and damages to
compensate Plaintiffs for their injuries together with punitive damages, costs and
attorney fees.
JURISDICTION AND PARTIES
14. Jurisdiction is conferred by 28 USC Section 1331.
15. Venue in this district is proper under 28 U.S.C. § 1391(b) because
Defendants reside in this district and a substantial part of the events and omissions
giving rise to Plaintiffs’ claims occurred in this district.
16. Plaintiff M.S. is a resident of the County of Oakland, State of Michigan.
17. Defendant Rochester Community School District is a public
educational institution, located in the County of Oakland, State of Michigan, with
the capacity to sue and be sued, and is a recipient of federal funding.
18. Defendant Neil DeLuca, upon information and belief, is a resident of
the County of Macomb, State of Michigan. He is sued in his individual capacity.
6
19. Defendant Carrie Lawler, upon information and belief, is a resident of
the County of Oakland, State of Michigan. She is sued in her individual capacity.
20. Defendant Kathryn Houghtaling, upon information and belief, is a
resident of the County of Macomb, State of Michigan. She is sued in her individual
capacity.
21. The amount in controversy herein exceeds this Court’s jurisdictional
limit, exclusive of interest, costs, and attorney fees.
FACTS
22. Defendant Houghtaling was a teacher employed by Defendant
Rochester Community School District at all times relevant to this matter, as well as
for approximately one year before the events giving rise to the instant action.
23. Plaintiff M.S. first encountered Defendant Houghtaling at an IEP
(Individualized Education Plan) meeting in the fall of 2018, as she was the head of
the IEP committee for Plaintiff.
24. Defendant Houghtaling was also Plaintiff M.S.’ special education
teacher for the school year beginning in the fall of 2018.
25. Defendant Houghtaling inappropriately befriended students from
Defendant Rochester Community School District, including Plaintiff M.S., wherein
Defendant Houghtaling would constantly and obsessively pull Plaintiff M.S. from
his other classrooms during school hours to hang out in her office, which she shared
7
with another teacher, would bring him lunch, and could always be seen walking
through the hallways, close to Plaintiff M.S., often in a flirtatious and affectionate
manner.
A. Defendant Kathryn Houghtaling Raped Plaintiff M.S.
26. In October or November of 2018, Defendant Houghtaling offered to
give her student, Plaintiff M.S. a ride home.
27. Plaintiff M.S. was 17 years old at the time.
28. On the way to Plaintiff M.S.’ house, Defendant Houghtaling pulled
over to the side of the road and began massaging Plaintiff’s genital area. She then
performed oral sex on him without consent, stating, “I want to do that to you all the
time.”
29. During school and while in the care of Defendant Rochester
Community School District, Defendant Houghtaling continued to harass Plaintiff
Smiles daily for sex, and he continued to tell her no. She repeated that she would
“do it again and [he] would like it.”
30. During school and while in the care of Defendant Rochester
Community School District, Defendant Houghtaling also bribed Plaintiff for sex,
stating that she would take his tests for him if he had sex with her.
B. Defendant Kathryn Houghtaling Drugged Plaintiff M.S.
8
31. Defendant Kathryn Houghtaling sedated Plaintiff M.S. with Xanax on
multiple occasions.
32. On December 8, 2018, Defendant Kathryn Houghtaling called
Plaintiff’s guardians to inform them that she was coming to their home to help
Plaintiff cook for a health class project, stating that she had spoken with Plaintiff’s
other teacher about doing so.
33. Later in the evening, after Defendant Houghtaling left, Plaintiff’s
guardians found Plaintiff M.S. in a sedated state, which they had never seen him in
before.
34. The following school day, Rochester High School notified Plaintiff’s
guardians that he was falling asleep in class.
35. On December 14, 2018, Plaintiff’s guardians again noticed that
Plaintiff appeared to be sedated, so they took him to the hospital, where a test
revealed that he had Xanax in his system.
36. Defendant Kathryn Houghtaling was known to give drugs and alcohol
to other students at Rochester High School, sometimes even on school grounds.
C. Plaintiff M.S. is Incessantly Bullied, Harassed and Humiliated at School
37. Other students at Rochester High School and within the Defendant
Rochester Community School District bullied and incessantly harassed Plaintiff
9
M.S. for his disabilities and for being raped by their teacher, Defendant Kathryn
Houghtaling.
38. These students humiliated Plaintiff M.S. during school by sending text
messages, Snap Chats, and memes that were distributed to Plaintiff and other
students, edited to include Plaintiff and Defendant Houghtaling’s photos and lewd
and offensive captions. (See above examples).
39. Defendant Rochester Community School District was made aware of
the other students’ constant despicable treatment of Plaintiff M.S. because of his
disability and because he was raped by their teacher. However, Defendant Rochester
Community School District failed to address these issues and failed to protect
Plaintiff.
40. As a result of this tormenting, bullying, and harassment, Plaintiff M.S.
has suffered and continues to suffer severe emotional damage and was forced to
transfer schools near the end of his senior year of high school.
41. Further, Defendants’ actions and omissions have resulted in harm to
Plaintiff, including physical and emotional harm, and other damages that may be
discovered throughout the course of litigation, including but not limited to having to
leave the school and incessant bullying.
CAUSES OF ACTION
COUNT I
42 U.S.C. Section 1983 – Violation of the Fourteenth Amendment
10
(As to Defendants DeLuca, Lawler, and Houghtaling)
42. The preceding paragraphs are incorporated by reference.
43. The Fourteenth Amendment encompasses the right to personal security
and bodily integrity and applies to public school officials and supervisors, including
Defendants DeLuca and Lawler.
44. The sexual assault and sexual abuse of Plaintiff by Defendant
Houghtaling is a violation of his Fourteenth Amendment right to personal security
and bodily integrity.
45. Sexually assaulting and sexually abusing Plaintiff constituted
deliberate indifference to his federally protected rights.
46. Defendant DeLuca and Defendant Lawler, having knowledge that
Plaintiff was a young and vulnerable student with a substantial risk of serious harm,
omitted to perform what they were legally required to do as school supervisors and
abandoned the duties of their positions, acting with deliberate indifference to
Plaintiff’s Constitutional rights.
47. Plaintiff M.S. suffered severe emotional injury as a result of these
Fourteenth Amendment violations.
48. Defendant’s acts and/or omissions proximately caused these injuries.
COUNT II
42 U.S.C. Section 1983 – Violation of Right to Equal Protection
(As to Defendants DeLuca, Lawler, and Houghtaling)
11
49. The preceding paragraphs are incorporated by reference.
50. Defendants’ conduct toward Plaintiff M.S., including sexually
assaulting him, failing to protect him from sexual assault and abuse, and failing to
protect him from incessant harassment lacked any pedagogical purpose.
51. Non-disabled students were not treated in the same manner.
52. Defendants’ actions and/or omissions denied Plaintiff equal protection
under the law.
53. Defendant DeLuca and Defendant Lawler, having knowledge that
Plaintiff was a young and vulnerable student with a substantial risk of serious harm,
omitted to perform what they were legally required to do as school supervisors and
abandoned the duties of their positions, acting with deliberate indifference to
Plaintiff’s Constitutional rights.
54. Plaintiff M.S. suffered severe emotional injury as a result of these
Fourteenth Amendment violations.
55. Defendant’s acts and/or omissions proximately caused these injuries.
COUNT III
Monell Claim
(As to Defendant Rochester Community School District)
56. The preceding paragraphs are incorporated by reference.
12
57. Plaintiff has been subjected to a deprivation of clearly established,
constitutionally protected rights and privileges secured by the Constitution of United
States, including his Fourteenth Amendment rights as described in Counts I and II.
58. The foregoing rights were clearly established at the time of the
violations.
59. The deprivations were caused by the customs, policies, and established
practices of the Rochester Community School District, acting under color of its
statutory and legal authority.
60. Defendant Kathryn Houghtaling was a state actor acting under the color
of law.
61. Defendant Rochester Community School District’s deliberate
indifference to Plaintiff subjected him to violations of his Fourteenth Amendment
and Equal Protection rights including by failing to adequately train and supervise
Defendant Houghtaling, failing to adequately protect Plaintiff M.S., implicitly
condoning the behavior of students harassing and bullying Plaintiff M.S.,
manifesting deliberate indifference to the ongoing harassment, bullying and
emotional needs of Plaintiff, and other policies, customs, and practices to be
discovered through the course of litigation.
13
62. Defendant Rochester Community School District had actual or
constructive notice of the dangers to Plaintiff and consciously disregarded these
dangers.
63. The foregoing violations of 42 U.S.C. §1983 caused substantial
damages to Plaintiff as alleged herein, including without limitation, severe and
permanent psychological damages and emotional distress.
64. Defendant’s acts and/or omissions proximately caused these injuries.
COUNT IV
Violations of the Americans With Disabilities Act (ADA)
(As to All Defendants)
65. The preceding paragraphs are incorporated by reference.
66. At all times relevant herein, Plaintiff was and is an individual with a
disability within the meaning of the the ADA, 42 U.S.C. § 12101, et seq.
67. Defendant Rochester Community School District is a public
accommodation covered by and within the meaning of Title II of the ADA.
68. Defendants were aware of Plaintiff’s disabilities, as he received special
education services as a result.
69. Plaintiff's disability, and/or record of a disability, and/or perceived
disability was a factor that made a difference in Defendant Kathryn Houghtaling’s
decision to sexually assault and abuse Plaintiff.
14
70. Plaintiff's disability, and/or record of a disability, and/or perceived
disability was a factor that made a difference in Defendant Rochester Community
School District’s failure to protect Plaintiff from sexual assault and abuse, and
further their failure to protect him from bullying and harassment on the basis of his
disability.
71. Non-disabled students were not treated in the same manner.
72. Defendants’ acts and omissions resulted in a denial of public
accommodations to which Plaintiff is entitled pursuant to the ADA.
73. Defendants’ acts and omissions resulted in unlawful discrimination on
the basis of a disability pursuant to the ADA.
74. Defendants’ acts and omissions resulted in unlawful harassment on the
basis of a disability pursuant to the ADA.
75. The foregoing violations of the ADA caused substantial damages to
Plaintiff as alleged herein, including without limitation, severe and permanent
psychological damages and emotional distress.
76. Defendant’s acts and/or omissions proximately caused these injuries.
COUNT V
Violation of Title IX
(As to Defendant Rochester Community School District)
77. The preceding paragraphs are incorporated by reference.
15
78. Rochester Community School District is a public-school district, which
receives federal funding.
79. The sex-based assault, abuse and harassment as alleged above was so
severe, pervasive, and objectively offensive that it deprived Plaintiff of access to
educational opportunities provided by Defendant Rochester Community School
District.
80. The Defendant School District created and/or subjected Plaintiff to a
hostile educational environment in violation of Title IX of the Education
Amendments of 1972, 20 U.S.C. § 1681(a) (“Title IX”) because:
a. Plaintiff was subjected to sexual assault,
abuse, and harassment by an employee of the Defendant
School District;
b. He was subjected to that assault, abuse and
harassment based on his sex and;
c. He was subjected to a hostile educational
environment created by the Defendant School District.
81. Defendant School District failed to take immediate, effective remedial
steps to resolve the complaints of sexual assault and harassment and instead acted
with deliberate indifference toward Plaintiff, leading to pervasive bullying and
harassment from Plaintiff’s peers.
82. Defendant School District persisted in its actions and inaction even
after it had actual knowledge of the harm suffered by Plaintiff.
16
83. Once Plaintiff and his guardians notified Defendant Rochester
Community School District that Plaintiff was being bullied by other students as a
result of the assault and his disability, the Principal and the other School District
officials retaliated against Plaintiff by declining to investigate the matter or to
otherwise comply with their responsibilities as mandated by Title IX.
84. The foregoing violations of Title IX caused substantial damages to
Plaintiff as alleged herein, including without limitation, severe and permanent
psychological damages and emotional distress.
85. Defendant’s acts and/or omissions proximately caused these injuries.
COUNT VI
Violation of §504 of the Rehabilitation Act of 1973
(As to All Defendants)
86. The preceding paragraphs are incorporated by reference.
87. Discrimination on the basis of disability is prohibited by §504 of the
Rehabilitation Act, 29 U.S.C. §794(a), which provides:
No otherwise qualified individual with a disability in the
United States . . . shall, solely by reason of her or his
disability, be excluded from the participation in, be denied
the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
88. “States waive their Eleventh Amendment immunity with regard to
Rehabilitation Act claims when they accept federal funds, and therefore, a Plaintiff
may sue a state under §504 of the Rehabilitation Act.” Dillon-Barber v. Regents of
17
the Univ. of Mich., No. 250596, 2005 Mich. App. LEXIS 1400, at *13 (Ct. App.
June 7, 2005). (Citing Nihiser v. Ohio EPA, 269 F.3d 626 (6th Cir. 2001)).
89. Defendant Rochester Community School District receives federal
financial assistance and as such are subject to §504 of the Rehabilitation Act of 1973,
29 U.S.C. § 794(a), and the federal regulations promulgated thereunder.
90. Plaintiff is an individual with a disability under the Rehabilitation Act.
91. The conduct previously alleged violates §504 of the Rehabilitation Act
92. The foregoing violations of the Rehabilitation Act caused substantial
damages to Plaintiff as alleged herein, including without limitation, severe and
permanent psychological damages and emotional distress.
93. Defendant’s acts and/or omissions proximately caused these injuries.
COUNT VII
Violation of ELCRA – Creating and Failing to Prevent a Sexually Hostile
Educational Environment
(As to All Defendants)
94. The preceding paragraphs are incorporated by reference.
95. Defendant Rochester Community School District is a public service
under the ELCRA, MCL 37.2101 et seq. and MCL 37.2301.
96. Defendants’ acts and omissions constitute sexual assault and
harassment and violate Plaintiff’s rights under the ELCRA, MCL
37.2103(h)(i)(ii)(iii) by subjecting Plaintiff to unwelcome sexual advances, assaults
and other conduct of sexual nature.
18
97. Defendants were the entities responsible for providing a safe
educational environment for Plaintiff.
98. By subjecting Plaintiff to sexual assault and harassment, and
additionally to harassment and bullying by other students, Defendants’ acts and
omissions have created a sexually hostile environment, and created abusive and
intimidating conditions, depriving Plaintiff of a safe educational environment.
99. The foregoing violations of the ELCRA caused substantial damages to
Plaintiff as alleged herein, including without limitation, severe and permanent
psychological damages and emotional distress.
100. Defendant’s acts and/or omissions proximately caused these injuries.
COUNT VIII
Violation of ELCRA – Retaliation
(As to All Defendants)
101. The preceding paragraphs are incorporated by reference.
102. Defendant Rochester Community School District is a public service
under the ELCRA, MCL 37.2101 et seq. and MCL 37.2301.
103. Defendants’ acts and omissions constitute sexual assault and
harassment and violate Plaintiff’s rights under the ELCRA, MCL
37.2103(h)(i)(ii)(iii) by subjecting Plaintiff to unwelcome sexual advances, assaults
and other conduct of sexual nature.
19
104. Defendants were the entities responsible for providing a safe
educational environment for Plaintiff.
105. Once Plaintiff and his guardians notified Defendant Rochester
Community School District that Plaintiff was being bullied by other students as a
result of the sexual assault and his disability, the Principal and the other School
District officials retaliated against Plaintiff by declining to investigate the matter or
to otherwise comply with their responsibilities in accordance with the ELCRA.
106. The foregoing violations of the ELCRA caused substantial damages to
Plaintiff as alleged herein, including without limitation, severe and permanent
psychological damages and emotional distress.
107. Defendant’s acts and/or omissions proximately caused these injuries.
COUNT IX
Violation of ELCRA – Discrimination on the Basis of Sex
(As to All Defendants)
108. The preceding paragraphs are incorporated by reference.
109. Defendant Rochester Community School District is a public service
under the ELCRA, MCL 37.2101 et seq. and MCL 37.2301.
110. Defendants’ acts and omissions constitute sexual assault and
harassment and violate Plaintiff’s rights under the ELCRA, MCL
37.2103(h)(i)(ii)(iii) by subjecting Plaintiff to unwelcome sexual advances, assaults
and other conduct of sexual nature.
20
111. Defendants were the entities responsible for providing a safe
educational environment for Plaintiff.
112. Plaintiff’s sex was at least one factor in his treatment by Defendants.
113. Plaintiff was discriminated against on the basis of his sex, both in the
sexual assault by his teacher, Defendant Houghtaling, and the way in which
Defendant Rochester Community School District responded to the assault and failed
to address the harassment and bullying Plaintiff experienced as a result thereafter.
114. The foregoing violations of the ELCRA caused substantial damages to
Plaintiff as alleged herein, including without limitation, severe and permanent
psychological damages and emotional distress.
115. Defendant’s acts and/or omissions proximately caused these injuries.
COUNT X
Violation of the Persons with Disabilities Civil Rights Act – Harassment
(As to All Defendants)
116. The preceding paragraphs are incorporated by reference.
117. Plaintiff has severe disabilities, covered by the Act, is perceived as
having disibilities, and/or had a record of having disabilities.
118. Defendants were aware of Plaintiff’s disabilities, as he received special
education services as a result.
21
119. Plaintiff's disability, and/or record of a disability, and/or perceived
disability was a factor that made a difference in Defendant Kathryn Houghtaling’s
decision to sexually assault and abuse Plaintiff.
120. Plaintiff's disability, and/or record of a disability, and/or perceived
disability was a factor that made a difference in Defendant Rochester Community
School District’s failure to protect Plaintiff from sexual assault and abuse, and
further their failure to protect him from bullying and harassment on the basis of his
disability.
121. Non-disabled students were not treated in the same manner.
122. Defendants’ acts and omissions resulted in a denial of public
accommodations to which Plaintiff is entitled pursuant to the Persons with
Disabilities Civil Rights Act.
123. Defendants’ acts and omissions resulted in unlawful discrimination on
the basis of a disability pursuant to the Persons with Disabilities Civil Rights Act.
124. Defendants’ acts and omissions resulted in unlawful harassment on the
basis of a disability pursuant to the Persons with Disabilities Civil Rights Act.
125. The foregoing violations of the Persons with Disabilities Civil Rights
Act caused substantial damages to Plaintiff as alleged herein, including without
limitation, severe and permanent psychological damages and emotional distress.
126. Defendant’s acts and/or omissions proximately caused these injuries.
22
COUNT XI
Violation of the Persons with Disabilities Civil Rights Act – Retaliation
(As to All Defendants)
127. The preceding paragraphs are incorporated by reference.
128. Plaintiff has severe disabilities, covered by the Act, is perceived as
having disabilities, and/or had a record of having disabilities.
129. Defendants were aware of Plaintiff’s disabilities, as he received special
education services as a result.
130. Plaintiff's disability, and/or record of a disability, and/or perceived
disability was a factor that made a difference in Defendant Kathryn Houghtaling’s
decision to sexually assault and abuse Plaintiff.
131. Defendants were the entities responsible for providing a safe
educational environment for Plaintiff.
132. Once Plaintiff and his guardians notified Defendant Rochester
Community School District, including Defendants DeLuca and Lawler, that Plaintiff
was being bullied by other students as a result of the sexual assault and his disability,
the Principal and the other School District officials retaliated against Plaintiff by
declining to investigate the matter or to otherwise comply with their responsibilities
in accordance with the Persons with Disabilities Civil Rights Act.
23
133. The foregoing violations of the Persons with Disabilities Civil Rights
Act caused substantial damages to Plaintiff as alleged herein, including without
limitation, severe and permanent psychological damages and emotional distress.
134. Defendant’s acts and/or omissions proximately caused these injuries.
COUNT XII
Violation of the Persons with Disabilities Civil Rights Act – Discrimination
(As to All Defendants)
135. The preceding paragraphs are incorporated by reference.
136. Plaintiff has severe disabilities, covered by the Act, is perceived as
having disabilities, and/or had a record of having disabilities.
137. Defendants were aware of Plaintiff’s disabilities, as he received special
education services as a result.
138. Plaintiff's disability, and/or record of a disability, and/or perceived
disability was a factor that made a difference in Defendant Kathryn Houghtaling’s
decision to sexually assault and abuse Plaintiff.
139. Defendants were the entities responsible for providing a safe
educational environment for Plaintiff.
140. Plaintiff’s disabilities were at least one factor in his treatment by
Defendants.
141. Plaintiff was discriminated against on the basis of his disabilities, both
in the sexual assault by his teacher, Defendant Houghtaling, and the way in which
24
Defendant Rochester Community School District responded to the assault and failed
to address the harassment and bullying Plaintiff experienced as a result thereafter.
142. The foregoing violations of the Persons with Disabilities Civil Rights
Act caused substantial damages to Plaintiff as alleged herein, including without
limitation, severe and permanent psychological damages and emotional distress.
143. Defendant’s acts and/or omissions proximately caused these injuries.
DAMAGES
144. The preceding paragraphs are incorporated by reference.
145. The acts and omissions of Defendants constituted a violation of
Plaintiff’s constitutional, statutory, and common law rights were and are a proximate
cause of Plaintiff’s damages.
146. As a result of Defendants’ acts and omissions, Plaintiff has suffered
emotional and physical injuries all of which are ongoing, and resulting in damages
including, but not limited to:
d. Emotional distress;
e. Loss of personal freedom and liberty;
f. Pain and suffering;
g. Exemplary damages;
h. An award of punitive damages;
i. Reasonable attorney fees and costs;
25
j. All other such relief which appears reasonable and just under the
circumstances.
WHEREFORE Plaintiff, M.S. prays that this Honorable Court grant judgment in
favor of Plaintiff and against Defendants in whatever amount Plaintiff is found to be
entitled, together with interests, costs, and attorney fees.
Respectfully submitted,
/s/ Kirstina R. Magyari
Kirstina R. Magyari (P82775)
Jonathan R. Marko (P72450)
MARKO LAW, PLLC
1300 Broadway Street, Fifth Floor
Detroit, MI 48226
Phone/Fax: 313-879-0229
Email: kirstie@[Link]
Dated: July 24, 2020
26
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
M.S., by and through his guardian,
DONELL MILES,
Plaintiff,
Case No.
vs. Hon.
ROCHESTER COMMUNITY SCHOOL
DISTRICT, CARRIE LAWLER, in her
individual capacity, NEIL DeLUCA, in his
individual capacity,and KATHRYN
HOUGHTALING, in her individual capacity,
Defendants.
__________________________________________________________________
KIRSTINA R. MAGYARI (P82775)
JONATHAN R. MARKO (P72450)
MARKO LAW, PLLC
1300 Broadway Street, 5th Floor
Detroit, MI 48226
Phone/Fax: 313-879-0229
kirstie@[Link]
__________________________________________________________________
JURY DEMAND
Plaintiff, by and through counsel, hereby requests a trial by jury in the above-
captioned matter.
Respectfully submitted,
/s/ Kirstina R. Magyari
Kirstina R. Magyari (P82775)
Jonathan R. Marko (P72450)
MARKO LAW, PLLC
1
1300 Broadway Street, Fifth Floor
Detroit, MI 48226
Phone/Fax: 313-879-0229
Email: kirstie@[Link]
Dated: July 24, 2020
CERTIFICATE OF SERVICE
I hereby certify that on July 24, 2020, I presented the foregoing
paper to this Court’s ECF System which will send notification of
such filing to the above listed attorneys of record.
/s/ Heather J. Ducharme
Heather J. Ducharme
