| THE NATIONAL BLACK LAW STUDENTS� ASSOCIATION 2002-2003 THURGOOD MARSHALL MOCK TRIAL COMPETITION INTRODUCTION TO �REFORMING TYRONE?� Tyrone Johnson, now 21 years old, has filed a civil suit in Federal Court against the P. D. File Training and Reformatory School for boys, and against Lou Cifer a former employee of the school. Tyrone is seeking damages for emotional and physical distress as a result of alleged sexual abuse at the hands of Lou Cifer, his former teacher. The school is enjoined as co-Defendant under the in loco parentis doctrine. While watching the local news, Tyrone discovered that there was a sexual abuse scandal unfolding in the Church. Several male spiritual advisors had been reported, or turned themselves in for sexual misconduct. The news shook the nation. All the local and national news stations had features on men who had been victims of sexual abuse in various religious training and reformatory schools. The media coverage on this topic continued during the next nine months. During this time, Tyrone suffered a flashback of his stay at the P.D. File Training and Reformatory School. He visualized being molested by Mr. Lou Cifer. On May 1, 2002, Tyrone went to Lou Cifer�s home to demand an apology. Lou Cifer laughed at Tyrone and refused to apologize. Enraged, Tyrone stabbed Lou Cifer in the arm and knee. Lou Cifer made a full recovery and is being investigated by authorities. IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF MARYLAND PLAINTIFF * * TYRONE JOHNSON * 1901 Legend Road * Packard, PA 21111 * * CIVIL ACTION * FILE NUMBER 98-7654 v. * * DEFENDANTS * * P.D. FILE TRAINING AND * REFORMATORY SCHOOL * FOR BOYS * 12 King Road * Youthville, MD 21110 * * and * * LOU CIFER * 4 Hades Cr. * Perdition, MD 21112 * * * * * * * * * * * * * * * PRETRIAL ORDER 1. The Federal Rules of Civil Procedure and the Federal Rules of Evidence shall apply. 2. All exhibits in the case file are authentic. All information provided may be used at trial. 3. The Plaintiff must call Hilda Long Grudge and Dr. N.O. Itall as witnesses. The Defense must call Lee Demrite and Dr. I.M. Paid as witnesses. No other witnesses shall be permitted to give testimony. 4. Jurisdiction and venue are proper in this court. 5. No trial briefs are to be submitted. 6. Male and female pronouns, names etc. are interchangeable. Each side shall have 75 minutes of time in which to give opening statements, conduct direct and cross-examination and deliver closing. IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF MARYLAND PLAINTIFF * * TYRONE JOHNSON * 1901 Legend Road * Packard, PA 21111 * * CIVIL ACTION * FILE NUMBER 98-7654 v. * * DEFENDANTS * * P.D. FILE TRAINING AND * REFORMATORY SCHOOL * FOR BOYS * 12 King Road * Youthville, MD 21110 * * and * * LOU CIFER * 4 Hades Cr. * Perdition, MD 21112 * * * * * * * * * * * * * * * COMPLAINT 1. This is an action for damages sustained by a citizen of the United States against a private school and its employee based on negligence, negligent supervision, negligent hiring, intentional infliction of emotional distress, and battery. 2. The jurisdiction of this court is predicated on 28 U.S.C. ��1331 and 1332. PARTIES 3. Plaintiff, Tyrone Johnson, is a resident of Packard, PA, and a citizen of the United States. 4. At all times relevant hereto, Defendant Lou Cifer was an Anger Management Counselor employed by Defendant P.D. File Training and Reformatory School for Boys (hereafter P.D. File). 5. Defendant P.D. File is a private philanthropic corporation in the State of Maryland, which at all relevant times employed Defendant Lou Cifer, and had the responsibility for training and supervising Lou Cifer. FACTS 6. Plaintiff was a student at P.D. File from 1990 through 1996. 7. Plaintiff was a ward of the state, and P.D. File acted as the parent through the in loco parentis doctrine based on the Juvenile Court disposition. 8. Tyrone Johnson was diagnosed with depression during his intake evaluation. 9. As a result of his diagnosis, Dr. N.O. Itall prescribed therapy sessions for Tyrone consisting of group and individual counseling sessions with Lou Cifer. 10. From 1990 through 1992, Tyrone Johnson was molested during individual counseling sessions with Lou Cifer. 11. As a result of the conduct described above, Plaintiff experienced humiliation, emotional distress, depression, nightmares, and pain and suffering, and was otherwise damaged. 12. Defendant Lou Cifer was acting in his official capacity as Anger Management Counselor for P.D. File, which permitted him, unfettered access to Plaintiff. CAUSES OF ACTION NEGLIGENCE 13. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 12 as if fully set forth herein: 14. That Defendant P.D. File had a duty to provide an environment free from sexual misconduct and to conduct a thorough investigation to ensure that it hires individual qualified to work with troubled children. 15. That Defendant breached this duty by hiring Lou Cifer where they knew or should have known that he had a history of complaints regarding sexual misconduct, they failed to properly investigate said complaints or his background, and allowed him to be placed in a situation where he abused a child, to wit: Defendant Lou Cifer sexually fondled and sodomized Plaintiff. 16. That as a direct and proximate cause of their breach, Plaintiff suffered personal injuries, pain and suffering, mental anguish, severe emotional distress, embarrassment, and humiliation. WHEREFORE, Plaintiff requests that this court grant a judgment against Defendants, jointly and severally, in his favor in the amount of $500,000.00 and grant such other relief this court deems just and fair. NEGLIGENT HIRING 17. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 17 as if fully set forth herein: 18. That Defendant had a duty to provide an environment free from sexual misconduct and to conduct a thorough investigation to ensure that it hired individuals qualified to work with troubled children. 19. That Defendant breached this duty by hiring Defendant Lou Cifer where they knew or should have known that he had a history of complaints regarding sexual misconduct, and they failed to properly investigate said complaints or his background. 20. That Defendant further breached their duty by placing Defendant Lou Cifer with a vulnerable young child, to wit: Plaintiff, and Defendant Lou Cifer engaged in sexual misconduct with that child. 21. That as a direct and proximate cause of said breach, Plaintiff, suffered severe personal injuries, pain and suffering, mental anguish, severe emotional distress, embarrassment, and humiliation. WHEREFORE, Plaintiff requests that this court grants a judgment in his favor in the amount of $500,000.00 and grant such other relief this court deems just and fair. NEGLIGENT SUPERVISION 22. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 22 as if fully set forth herein: 23. Defendant P.D. File was negligent in supervising its ward, Plaintiff from harm and allowed him to be placed in a situation where he was abused, to wit: Defendant Lou Cifer sexually fondled and sodomized Plaintiff. WHEREFORE, Plaintiff requests that this court grants a judgment in his favor in the amount of $500,000.00 and grant such other relief this court deems just and fair. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 24. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 24 as if fully set forth herein: 25. Defendant Lou Cifer�s sexual misconduct towards Plaintiff was reckless, and extreme and outrageous, thus causing Plaintiff to suffer severe emotional distress. WHEREFORE, Plaintiff requests that this court grants a judgment in his favor in the amount of $500,000.00 and grant such other relief this court deems just and fair. BATTERY 26. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 26 as if fully set forth herein: 27. While acting within the scope of his duties and in furtherance of the business purposes of P.D. File, Defendant Lou Cifer committed a harmful and/or offensive contact i.e., a battery, upon the Plaintiff without his consent as identified in the preceding paragraphs above. 28. That as a direct and proximate cause of Defendant�s harmful and offensive contact, Plaintiff suffered pain and suffering, mental anguish and emotional distress, embarrassment and humiliation. WHEREFORE, Plaintiff requests that this court grants a judgment in his favor in the amount of $500,000.00, and grant such other relief this court deems just and fair. DEMAND FOR JURY TRIAL Pursuant to Rule 38 (b) of the Federal Rules of Civil Procedure, Plaintiff hereby demands trial by jury on all issues in this action. IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF MARYLAND PLAINTIFF * * TYRONE JOHNSON * 1901 Legend Road * Packard, PA 21111 * * CIVIL ACTION * FILE NUMBER 98-7654 v. * * DEFENDANTS * * P.D. FILE TRAINING AND * REFORMATORY SCHOOL * FOR BOYS * 12 King Road * Youthville, MD 21110 * * and * * LOU CIFER * 4 Hades Cr. * Perdition, MD 21112 * * * * * * * * * * * * * * * ANSWER OF DEFENDANT LOU CIFER COMES NOW, Defendant Lou Cifer, by and through his attorneys, to file this answer in response to Plaintiff�s complaint. 1. Defendant admits the allegations contained in paragraphs 1 through 13, 17, 22, 24 and 26. 2. Defendant denies the allegations contained in paragraphs 25, 27 and 28. DEFENSES 1. Defendant is not liable for any intentional infliction of emotional distress because has failed to allege with reasonable certainty the nature, intensity, and duration of the alleged distress. 2. Plaintiff has failed to file his action against respondent in the appropriate forum. A claim against a medical provider for intentional infliction of emotion distress is subject to health claims arbitration. 3. Plaintiff has failed to show some clearly apparent and substantial physical injury. 4. Plaintiff has failed to show that Defendant breached his duty as an Anger Management Counselor. 5. Plaintiff has failed to show that any touching has occurred. WHEREFORE, Defendant prays that the Complaint be dismissed and he recover costs and expenses incurred herein. IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF MARYLAND PLAINTIFF * * TYRONE JOHNSON * 1901 Legend Road * Packard, PA 21111 * * CIVIL ACTION * FILE NUMBER 98-7654 v. * * DEFENDANTS * * P.D. FILE TRAINING AND * REFORMATORY SCHOOL * FOR BOYS * 12 King Road * Youthville, MD 21110 * * and * * LOU CIFER * 4 Hades Cr. * Perdition, MD 21112 * * * * * * * * * * * * * * * ANSWER OF DEFENDANT P.D. FILE COMES NOW, Defendant, P.D. File, by and through his attorneys, to file this answer in response to Plaintiff�s complaint. 1. Defendant admits the allegations contained in paragraphs 1 through 13, 17, 22, 24 and 26. 2. Defendant alleges that it is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 19 through 22. 3. Defendant denies the allegations contained in paragraphs 14, 15, 16, 18, 23, 25, 27 and 28. DEFENSES 1. Defendant was not negligent in hiring Defendant Lou Cifer because it had inadequate information regarding Defendant Lou Cifer�s prior alleged misconduct to infer that Defendant Lou Cifer�s employment would pose an unreasonable threat to those students Defendant Lou Cifer would come into contact with as Anger Management Counselor. 2. Defendant Lou Cifer�s actions during the scope of his employment, were not foreseeable to Defendant P.D. File. WHEREFORE, Defendant P.D. File prays that the Complaint be dismissed and it recovers its cost and expenses incurred herein. STATEMENT OF RELEVANT CASE LAW 1. NEGLIGENT HIRING: Henley v. Prince George�s County, 305 Md. 320, 502 A.2d 1333 (1986); Cramer v. Housing Opportunities Comm�n, 304 Md. 705, 501 A.2d 35. 2. FORSEEABLE CIRCUMSTANCES: B.N. v. K.K., 312 Md. 135, 538 A.2d 1175 (1988); Valentine v. On Target, Inc., 112 Md. App. 679, 686 A.2d 636 (1996), aff�d, 353 Md. 544, 727 A.2d 947 (1999). 3. BATTERY: Saba v. Darling, 72 Md. App. 487, 531 A.2d 696 (1987), aff�d, 320 Md. 45, 575 A.2d 1240 (1990); Nelson v. Carroll, 355 Md. 593, 735 A.2d 1096 (1999). 4. INFLICTION OF EMOTIONAL DISTRESS: Regan v. Rider, 70 Md. App. 503, 521 A.2d 1246 (1987); Manikhi v. Mass Transit Admin., 360 Md. 333, 758 A.2d 95 (2000); New Summit Assocs. Ltd. P�ship v. Nistle, 73 Md. App. 351, 533 A.2d 1350 (1987). Physical impact is not a prerequisite for mental anguish damages if there is some clearly apparent and substantial physical injury, as manifested by an external condition or by symptoms clearly indicative of a resultant pathological or mental state. Mahnke v. Moore, 197 Md. 61, 77 A.2d 923 (1951); Bowman v. Williams, 164 Md. 397, 165 A. 182 (1933); Vance v. Vance, 41 Md. App. 130, 396 A.2d 296, aff�d in part, 286 Md. 490, 408 A.2d 728 (1979). A claim against a medical provider for intentional infliction of emotional distress is subject to health claims arbitration. Long v. Rothbaum, 68 Md. App. 569, 514 A.2d 1223 (1986). WITNESSES FOR THE PLAINTIFF DEPOSITION OF HILDA LONG GRUDGE My name is Hilda Long Grudge. I reside at 1110 East St. Paul St., Baltimore, Maryland. I am a Program Director at the Boy and Girls Club of America. I am 33 years old and of sound mind. Q: Mr./Mrs. Long Grudge, how long were you employed at P.D. File. A: I began working at P.D. File in December of 1989 my employment ended in April 2002. Q: In what capacity were you been employed at P.D. File? A: I began as a Science Teacher in the Middle School division, two years after that I was promoted to the Director of Education. Q: Do you know the Plaintiff? A: Yes. He was a student in my 7th and 8th grade science classes. And in the 10th grade he was in my NOVA class; NOVA is a remediation class where we focus on specific learning deficiencies. Q: What type of student was Tyrone? A: He was an angry boy from the streets. You know, used to doing his own thing, disregarding authority. On numerous occasions I had to give Tyrone lunch or after school detention hoping he would modify his behavior so he would not have to be written up�that did not work. Q: What incidents illustrate Tyrone�s disregard for authority? A: Once, I witnessed an incident where Tyrone and another student were scuffling in a counseling session. As I walked past the room, I saw Lou Cifer fall up against the wall and slide to the floor. Apparently Tyrone had pushed Lou Cifer to get to the other student, and Tyrone had the other student in a choke hold. So I pushed the panic button and help arrived. Q: Was anyone seriously injured in the fight? A: No not seriously. Tyrone and the other student had bruises. I remember that Lou Cifer had been stabbed in the knee during the scuffle with what appeared to be a filed down toothbrush. I rushed to help him, but he said he didn�t want no help! Q: Do you know why Lou Cifer was in the room with the boys? A: Un-huh, Lou Cifer has counseling sessions that scheduled in that room. Q: Is Lou Cifer a doctor? A: Hell no, he ain�t no doctor. He was just the dispute mediator, but they spruced it up and called him the Anger Management Counselor. He broke up fights and did a lot of talking. Q: Do you know him personally? A: Yea, we�re acquainted. Q: Did you have reason to work together during your tenure with P.D. File? A: Yea, we were both appointed to the hospitality committee. I made several attempts to engage him in our duties, but Lou Cifer never followed through on any of my invitations to � collaborate. He quit the committee after that. Q: Did anyone replace Lou Cifer on the committee? A: Yes, my current fianc�e Lamonte Turner. Q: How long have you been engaged? A: Five years. Q: Did you ever collaborate in any respect with Lou Cifer? A: I tried to get him to host a couple of faculty mixers with me, but always acted like he did not have time. He would rather be around the boys. Q: To your knowledge does Lou Cifer still work at P.D. File? A: Naw, he left years ago, before me. Q: Were there any unusual circumstances surrounding the resignation of Lou Cifer? A: I thought it was strange, him leaving so fast, since he was making such good progress with the boys, especially that Tyrone. Q: What progress had he made with Tyrone? A: From what I remember Tyrone�s grades improved, he joined the chess club, he was less aggressive and more mannerly to staff and he got the Most Improved Student Award at graduation. Q: So, once Tyrone was on the straight and narrow, did he ever revert to any of his old behavior? A: Once actually, but it was never documented. Q: What happened? A: Well, when Tyrone was in my NOVA class he and another student fought over a rumor that the other had started. Because Tyrone had been doing so well I did not want to write him up and mess up his track record. So, I scolded both students and made them dust my classroom. Q: Was that the only incident that you can recall? A: Yea, that�s the only one I know about. Why did you hear something else? Q: We are here today because Tyrone alleges that Lou Cifer sexually abused him. To the best of your knowledge, did any abuse occur? A: Anything is possible. I just can�t see Lou Cifer liking boys! Q: Why? A: Shoot cause that man wanted me but he never acted on it because we had that no fraternization policy at work. Q: Why did you end your employment at P.D. File? A: I didn�t them bastards fired me! Q: On what grounds? A: Well um, after Lou Cifer resigned his committee position, Lamonte was appointed. We spent a lot of time together planning socials and staff retreats. We formed a relationship, whereby we are now engaged. Q: So you were fired for violating the school�s no fraternization policy? A: Yea, after all my hard work at P.D. Files, they fired me! My name is Dr. N.O. Itall. I reside at 921 Alexander Way, in Owings Mills Maryland. I am 44 years old and of sound mind. Q: Dr. N.O. Itall, what type of doctor are you? A: I am a child psychologist. Q: How long have you been working in this profession? A: Twenty-one years. Q: How many times have you sat as an expert witness? A: Fewer than 10 times in the past 10 years. Q: Have you published any articles? A: Yes, three in �A Kids Psyche� report journal. Q: Are you currently employed at PD File? A: Yes. Q: How long have you been an employee there? A: Almost 15 years. Q: Do you know Tyrone Johnson? A: Yes Q: How do you know him? A: Well, I was a member of the Intake Committee of P.D. File when the State approached us about admitting Tyrone to the program. I reviewed his file, and after his acceptance to the school I became his Psychologist. Q: What did you learn about Tyrone during the Intake process. A: Tyrone has disturbing history. At the age of 10 Tyrone was abandoned by his mother when she dropped him off to school one day, and attempted to moved to a different state. His mother was a chronic drug user and prostitute, and was killed in a car accident during her attempt to abandon Tyrone. Q: Well, what happened to Tyrone�s father? A: Tyrone�s father died of AIDS when he was 8. As a result of becoming an orphan Tyrone was deemed a Child In Need of Assistance (CINA) and was placed in foster care in the state of Pennsylvania. Q: What happened to Tyrone after being placed in foster care? A: Tyrone rotated between several foster homes where it was found that he was a victim of verbal and physical abuse. Q: What happened to Tyrone as a result of this abuse? A: In 1993 at the age of 12 Tyrone began committing delinquent acts. He was a constant runaway, truant from school, and he became involved in drug running in the Devil�s Liar Projects of South Philadelphia. This area was known as a �hot spot� in police vernacular, with crime due to prostitution and drug trafficking. Tyrone was frequently found in vacant buildings with no water or electricity, and socializing with members of a local gang that he had joined, called the Warriors. Q: What actions were taken to try and remove Tyrone from the situation with the Warriors? A: Well, there was no record of any official action taken by the Department of Social Services. But in 1994 at 13 years of age the Philadelphia Narcotics Unit arrested Tyrone in a routine drug sweep. As a result of this arrest, and his delinquent acts Tyrone was placed under the supervision of the Department of Juvenile Justice. He was adjudicated as a delinquent and placed on probation and returned to a foster home. While in this foster home, Tyrone was subjected to more verbal and physical abuse, and again ran away and continued his illegal lifestyle of drug use and drug trafficking. Tyrone was again arrested during a drug sweep of the Devil�s Lair Projects. Q: What happened to Tyrone as a result of the second arrest? A: Because he was already under the supervision of the Department of Juvenile Justice, and given his history of neglect and violence in the foster care system the State decided to place him in a reform school, instead of a juvenile detention center. Pennsylvania�s facilities were already over crowded Tyrone was referred to the privately funded P.D. File School here in Youthville Maryland. Q: When did you first meet with Tyrone? A: During his initial intake. The standard procedure is when a student is admitted to P.D. File they undergo a complete physical and mental evaluation. Treatment is prescribed accordingly. Q: What were your findings in regard to Tyrone�s well-being? A: Given his lifestyle he was generally in good health, but he had some behavioral issues stemming from his lack of adequate supervision. He also exhibited signs of classic depression. I recommended that Tyrone undergo individual and group counseling sessions to help develop his social skills. Q: How often did you met with him? A: I was his case manager, but not the primary provider of services. I met with Tyrone every two months from ages 13 to 19 to assess his progress and write goals for the upcoming year. Q: Who provided the majority of the counseling services to Tyrone? A: Lou Cifer, the school�s Anger Management Counselor. Q: How often did they meet? A: Looking at my notes, they met based on Tyrone�s need. Group, individual and peer counseling sessions were sometimes daily, and other times weekly. These sessions began upon Tyrone�s acceptance to P.D. File at the age of 13 and continued until he was 15. Q: Was there any progress made? A: After a year of counseling Tyrone was reevaluated and we found that he had not made significant steps towards acceptable social skills. In fact it appeared as if his behavior had deteriorated. Q: How do you explain this? A: Well � there was an incident with the Anger Management Counselor, Mr. Cifer, in which Tyrone was in a fight with another student and Mr. Cifer was stabbed in the knee with some kind of an object. Also there were other incidents of behavioral problems as well. Q: How was Tyrone reprimanded for these incidents? A: The Incident Committee investigated the incident. Based on their findings Tyrone was sent into segregation for one week. Lee Demrite informed me of Tyrone�s move into segregation. After reading the committee report, I determined that Tyrone needed therapy while in confinement. I elected to have Lou Cifer work with Tyrone since they already had a rapport. Q: How did Tyrone behave when he had to go to these sessions? A: Well, most kids do not like therapy sessions. They have a stigma among the students. They are quite embarrassed to go, but Tyrone�s behavior is consistent with most students who are made to attend therapy or counseling sessions. Q: After these one on one sessions, did you notice any changes in Tyrone's behavior? A: Yes, there were changes but not positive changes. Tyrone became more withdrawn, morose, and he separated himself from his friends. However, academically he had shown tremendous improvements. Q: Could these changes be attributed to his one on one counseling with Lou Cifer? A: Sure. It is possible. However without any direct indications from Tyrone regarding the substance of his meetings with Lou Cifer, I could not accurately attribute his demise to the counseling sessions. Q: Are you familiar with an incident where Tyrone took too many Tylenol? A: Yes. Q: What do you attribute that behavior to? A: The indication was that Tyrone was suicidal. But, this is a common occurrence among kids. For common pain relievers, such as aspirin or Tylenol, children are more apt to over medicate because they do not feel that the drug is strong enough to relieve their common aches and pain. After investigation it was determined that Tyrone was unaware of the proper dosage to take. That�s what we attribute this incident to. Q: Dr. N.O. Itall, are you aware of the circumstances, which have us here today involving Tyrone and Lou Cifer? A: Yes. Tyrone stabbed Lou Cifer at his home on May 1, 2002 after demanding an apology for the alleged abused he suffered at the hands of Lou Cifer. Q: In your professional opinion, as a psychologist, is it feasible to attribute behaviors like Tyrone�s as a manifestation of a person�s emotional distress resulting from the abuse at P.D. File? A: In my professional opinion, yes. WITNESSES FOR THE RESPONDANTS My name is Lee Demrite. I reside at 1001 Greenspring Dr, Timonium Maryland. I am employed at the Notre Dame Preparatory School. I am 38 years old and of sound mind. Q: Mr./Mrs. Demrite what were your dates of employment at P.D. File Training and Reformatory School for Boys. A: I was employed there in 1991, after I received my Master�s in counseling from Loyola College. I left the school in 1996. Q: Are you currently employed? A: Yes. I currently work for the Notre Dame Preparatory School as a guidance counselor. Q: Why did you leave P.D. File? A: I just felt it was time to leave. Their student population was a difficult group to work with. Plus, the administration was not supportive. Q: What do you mean by not supportive? A: Well, there was not enough follow through on their behalf. Incidents would be reported, but there were rarely any conclusive results to these investigations. It was like issues would be swept under the rug, and if the news of an event did not leave the walls of P.D. File, it was as if it did not happen. Q: Did these incidents involve students or staff? A: Both. Students involved with other students, staff being involved with other staff and staff being involved with students. It was like Peyton Place. Q: Do you know Hilda Long Grudge? A: Yes. Q: What was your relationship with Ms. Long Grudge? A: We were both staff members. She was my mentor, but not very effective. She had only been there two years before me and was still wet behind the ears. Staff members joked behind her back for her less than discriminating taste in clothes. Q: What do you mean? A: We were at a school for boys and she would parade around like she was trying to make them drool. She�d wear short skirts, cleavage out and tight everything. Q: Was she trying to attract the boys? A: No, she was trying to attract Lou Cifer. In our meetings she�d always talk about him. Once she asked me what kind of women did I think he liked, because her pursuits were not working. Q: How familiar are you with Lou Cifer? A: We had a professional, cordial relationship. We were on a few committees together. But, there was no hanging out after work, or anything like that. Q: Based on your observations, what type of relationship did Lou Cifer have with the students of P.D. File? A: He seemed to be a father figure. He had a lot of group and individual sessions with the boys. Because of his commitment to the boys, we had a lot of success stories. Q: Did you ever observe any unprofessional behavior between Lou Cifer and the boys? A: Well, I saw him become physical with the boys if he was trying to break up a fight. A couple of times I saw him strong hold several boys, but I took it to be tough love. Q: What were your duties as a guidance counselor at P.D. File? A: My duties were to coordinate educational testing, bring community resources into the school, and to help the boys plan their life goals upon completion of our program. Q: Did you have any other duties? A: Yes. I led a committee with the other guidance counselors that investigated reports and determined if they should go to the administrative team for follow up. It was termed the Incident Committee. Q: What types of situations did you investigate? A: Any student situations, and any situations where students had alleged that staff had committed some wrong against them. Q: Describe the procedure that the team used. A: Students or staff would complete an incident form. It could be anonymous or not. We would investigate anyone who witnessed or knew of the incident and the circumstances surrounding it. If the results were inconclusive we did no follow up. If there were conclusive results sustaining the incident we would take our findings to the administration. Regardless of the findings, the administration staff had to sign off on the papers. Q: Did you ever receive an incident report on Lou Cifer? A: Yes. Q: How many? A: I can recall three. Q: What was the first incident? A: Actually, the first incident report was not an official incident report. We received a letter about Lou Cifer from a former co-worker at a residential home where he used to work. The report stated that he had improperly touched a student. Q: Did you investigate the letter? A: Yes. First we started with the Human Resources department concerning his background check. Everything was clear and he had no blemishes on his record. Then we contacted Lou Cifer�s former employer. They said that a female student alleged that Lou Cifer touched her inappropriately. When they inquired into the incident nothing was found. So nothing was noted in Lou Cifer�s personal file, he was not reprimanded, nor were charges filed. Q: What about the second incident? A: Well, there was an anonymous incident report filed which was very generic. It simply stated that there were some sexual activities going on between students and staff. The report named Lou Cifer specifically. There was nothing else. For all we know it could have been a hoax. We did not know where to start. Lou Cifer denied the allegations. We sent a survey around to the boys asking if they had ever had any sexual encounters with staff members; the ones that were returned said they had not. Without further support by the administration to then continue the investigation, and with none of the students coming forward, the investigation was concluded based in insufficient evidence to sustain a finding. Q: What did the third incident report involve? A: The last report involved Lou Cifer and two students. Q: Was one of the students Tyrone Johnson. A: Yes. Q: What happened? A: Tyrone and another student were in rival gangs. There had been several gang related activities on site involving the two. The staff thought it would be good for them to get counseling by Lou Cifer. He had a special touch with the rough boys. During the sessions, an altercation broke out. Lou Cifer was stabbed in the knee with a filed down toothbrush. Q: What was the result of the team investigation? A: Even though Hilda Long Grudge witnessed part of the altercation, we never knew who stabbed Lou Cifer. He told the team to consider it a moot point. Lou claimed that the conversation got heated and that it was normal for violence to erupt when you are bringing out deep feelings. He called it a healing process. The administration supported Lou Cifer�s decision. I felt that was strange as a staff member because if I had been stabbed I would want to know who had done it. Or at the very least, considering there were just the three of them, Lou Cipher would have known who stabbed him. My name is Dr. I.M. Paid. I reside at 47 Circle Court, Columbia, Maryland. I am a psychologist, and I have been in private practice for 20 years. I am 52 years old and of sound mind. Q: What experience do you have working with children? A: My professional demographic consists of ages 3 to 18. I have studied and written about psychological issues concerning the children in a variety of topics. Q: Can you please state specifically what topics you have written about? A: I have written about adolescent bulimia and anorexia, depression, suicide as well as phobias. However, my primary focus in the last 10 years has been children who have been molested and abused. You may recognize some of my titles: � Pick Your Head Up, A Child�s Guide to Self-Esteem,� �Want a Second Serving?: How to Cure Eating Disorders,� �The Cooties: Understanding Phobias,� and �Stop Pervert!: Teach Your Kids to Avoid Sexual Abuse.� Q: Can you please describe any typical behaviors exhibited by a child that has been abused? A: Yes. Typically children who have been abused are depressed, have lowered self-esteem, insomnia, have aggression, become withdrawn and in some extreme cases, may display suicidal tendencies. Q: As a child matures, do these behaviors tend to follow them into adulthood? A: In most cases yes. The depression can linger and result in mistrust of others, fear of commitment and abandonment, and instability in other areas of their life such as school, work or career ventures. Q: Based on the information about Tyrone, do you feel his behavior is in line with that of an abused child? A: In my professional opinion, it is highly unlikely that Tyrone�s allegation of sexual abuse at P.D. File is true. Tyrone�s grades increased, he became more academically focused and involved in student activities. If the sequence of these events occurred after the alleged sexual abuse, I find it highly improbable that such allegations are true. Furthermore, it appears that Tyrone has lead a successful life since graduating from P.D. File, he went on to attend community college working towards a certificate as a master electrician. Q: If in fact Tyrone does suffer from emotional and physical distress, is there anything in Tyrone�s file that it can be attributed to? A: Yes, based on my reading of Tyrone�s file, he had a very dysfunctional childhood. His mother abandoned him, while in the State�s care he was abused, his surrogate family became a local gang that was selling drugs and committing acts of violence. Tyrone himself became a gang member, selling and using drugs, victimized others and was victimized himself due to his gang affiliation. Q: Even if Tyrone was abused, can anyone say with enough certainty that P.D. File and Lou Cifer�s actions resulted in Tyrone�s alleged condition? A: In my professional opinion it would be highly improbable to state definitively that there is any one cause for Tyrone�s alleged condition. Based on his history prior to P.D. File, one can never know. Moreover, because there is no record of continuing psychiatric care for Tyrone since his graduation from P.D. File, we have no idea about what other traumatic events he may have encountered. Q: Dr. I.M. Paid what qualifies you to give an opinion based on a patient you have never seen? A: I am considered a leading expert witness in the area of abused and neglected children. I testify on an average of twice a month for the past 9 years on this topic. EXHIBIT 1 P. D. FILE TRAINING AND REFORMATORY SCHOOL FOR BOYS 12 King Road Youthville, MD 21110 (123) 555-1212 Discipline Policy It is the policy of the P.D. Files Reformatory and Training School that the staff shall NOT use physical force to restrain a juvenile unless warranted. In addition, staff members are prohibited from using any disciplinary acts that would cause physical or emotional harm to juveniles. Prohibited forms of restraint or punishment include: � Corporal punishment: hitting, beating, and shaking. � Verbal abuse: cursing, threats, derogatory remarks about the juvenile or the juvenile�s family. � Binding or tying to restrict movement. � Enclosing in a confined space, such as a closet, locked room, box or similar cubicle. � Denying meals, clothing, and showers. I have read and understand this policy. Staff Print Name: Lou Cifer Staff Signature: Lou Cifer Date: July 12, 1985 EXHIBIT 2 P. D. FILE TRAINING AND REFORMATORY SCHOOL FOR BOYS Juvenile Intake Health Evaluation Name: Tyrone Johnson Date: August 27, 1990 Interviewer: Oliver Lemay Date of Birth: January 2, 1977 Gender: M Ethnicity: Black Status of Offender: Runaway, CINA Directions: Answer yes or no to the following questions and provide comments if needed. � Are you having any health problems at the present time? Yes Vision problems � Has the student had any of the following problems? The past 24 hours? Rheumatic fever: No Earache: No Diabetes: No Swollen glands: No Epilepsy: No Nausea/vomiting: No Hepatitis: No Headache: Yes Venereal disease: No Skin rash: No Mononucleosis: No Fever/chills: Yes, withdrawal symptoms Rheumatic fever: No Abdominal pain: No Kidney/urinary problems: No � Have you taken an AIDs screening test or do you feel you may have been exposed to AIDs? No � Are you allergic to anything, like aspirin, food, medicine, etc.? No � Are you taking any kind of medicine or shots? No � Name and, if known, clinic of your family doctor: unknown � Have you ever tried to hurt yourself? No � Have you used controlled substance/alcohol in the past 24 hours? No � Has the student had a psychological evaluation within the past year? Yes, the results indicate that he suffers depression. EXHIBIT 3 P. D. FILE TRAINING AND REFORMATORY SCHOOL FOR BOYS JUVENILE INCIDENT SUMMARY Behavior Codes 1. Mental Health Treatment 2. Physical Handicap 3. Sex Offense 4. Discipline Problem 5. Victimization 6. Escape 7. Assaultive Behavior 8. Substance Abuse 9. Attempted Escape 10. Suicide Attempt 11. Self-Injury 12. Arson Administrative Action Taken 13. Segregation 14. Constant Supervision 15. Medical/Health evaluation 16. Transfer to another housing unit 17. Transfer to another facility 18. Other:_________________________ Name: Tyrone Johnson ID#: 494738 Sex: M Race: Black Date: October 31, 1994 Behavior Code(s): 7 Administrative Action Taken: 13 Students Involved: #375431, #325445, #4211145, #432112 Staff Involved: none Summary of Incident: Tyrone was found in the recreation room with his gang members �jumping� another student into the Warriors. Name: Tyrone Johnson ID#: 494738 Sex: M Race: Black Date: December 31, 1994 Behavior Code(s): 8 Administrative Action Taken: 14, 15, 18 implementation of substance abuse curriculum Students Involved: #432112 Staff Involved: none Summary of Incident: Tyrone was found in the bathroom inhaling aerosol air freshener with another student. He appeared �high� with glazed red eyes, laughing uncontrollably and stumbling. He was given a health evaluation to determine if permanent damage occurred, none was found. Name: Tyrone Johnson ID#: 494738 Sex: M Race: Black Date: March 3, 1995 Behavior Code(s): 7 Administrative Action Taken: 13 Students Involved: #327845 Staff Involved: none Summary of Incident: Tyrone provoked a fight with another student by stealing and eating his lunch. Name: Tyrone Johnson ID#: 494738 Sex: M Race: Black Date: August 17, 1995 Behavior Code(s): 3 Administrative Action Taken: 16 Students Involved: #375432, #421117, #432118 Staff Involved: none Summary of Incident: Tyrone was found in a dormitory where another student was raped. Tyrone placed a wager on the incident but did not participate. Name: Tyrone Johnson ID#: 494738 Sex: M Race: Black Date: May 15, 1996 Behavior Code(s): 4, 7 Administrative Action Taken: 13, 18 counseling sessions Students Involved: #353542 Staff Involved: Lou Cifer, Hilda Long Grudge Summary of Incident: Tyrone and a rival gang member attended a counseling session with Mr. Lou Cifer. An altercation ensued and Lou Cifer was stabbed in the knee with a filed down toothbrush. Staff member Hilda Long Grudge witnessed the end of the altercation, but could not verify who stabbed Mr. Lou Cifer. Name: Tyrone Johnson ID#: 494738 Sex: M Race: Black Date: July 4, 1996 Behavior Code(s): 10 Administrative Action Taken: 14, 15, 18 individual counseling sessions Students Involved: none Staff Involved: none |