| May 13, 2009: Civil suit filed in cheerleader case |
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Posted: Thursday, December 3, 2009 3:05 pm
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ORIGINALLY PUBLISHED MAY 13, 2009
The parents of a Silsbee High School cheerleader filed a civil lawsuit in U.S. District Court for the Eastern District of Texas against Silsbee ISD Superintendent of Schools Richard Bain Jr., Silsbee High School Principal Gaye Lokey, cheerleader sponsor Sissy McInnis, District Attorney David Sheffield, and two students, Christian Rountree and Rakheem Bolton.
The case, which is named Doe et al v. Silsbee ISD et al and number 1;09-cv-374, stems from a criminal charge last fall in which approximately 12 students attended a party at the home of Stacy Darlene Riley where underage alcoholic consumption took place.
The suit alleges that the cheerleader became under the influence of alcohol and was taken into a game room where the door was closed and the lights were turned off.
She alleges that she was put on the floor and people started pulling her clothes off and fondling her body and she was raped.
The suit states that she was frightened, resisted and started crying for her attackers to stop.
Her cries brought attention from outside the room and the door was opened and her attackers fled.
One person allegedly left without his clothes or shoes.
The case was presented to a Hardin County grand jury in January by Sheffield shortly after he became the District Attorney. The case was no billed by the grand jury which means that the grand jury did not feel there was sufficient evidence to continue the case.
The civil suit lists nine charges against District Attorney David Sheffield.
It also charges Bolton and Rountree for depriving the cheerleader of protected liberty interests, and for the pendent state claims of assault and defamation.
Against SISD, Bain, Lokey and McInnis it lays claim that the cheerleader was denied equal protection of policies and law, depriving her of protected liberty interests without due process of law, and retaliating against her for her non-violent or disruptive speech in protest of her having been assaulted by Bolton.
It further charges that individual defendants acted with culpable intent and caused plaintiffs to suffer foreseeable harm, all in violation of clearly established constitutional and legal principles.
The suit seeks a declaratory judgment whereby Sheffield would be declared to have violated the plaintiffs’ respective constitutional rights.
It seeks a judgement against each individual where the cheerleader would be compensated in money from the harm that was inflicted on her but does not state any amounts.
It also seeks punitive and exemplary damages from each individual. There is also a prayer for reasonable attorney fees and costs.
After receiving word of the suit Richard Bain speaking for Silsbee ISD stated that he had no comments about the case but the information had been turned over to the schools attorney’s.
Sheffield was a little more eager to speak out.
He presented a written statement that said, “This is simply an attempt to bully me into a manipulation of the grand jury process.
The grand jury was presented with three hours of evidence and testimony. The Grand Jury deliberated and returned with their decision to no-bill the indictments. By law I am required to present evidence to a grand Jury before I can proceed with a criminal prosecution and I am bound by their decision. I told the family that I thought it would be difficult to get an indictment from this or any other grand jury. I am sorry that they were disappointed with the outcome, however, I will not be bullied or intimidated by the Parents, Mr. Watts or anyone else into doing anything other than following the law and the evidence in a criminal case.”
The case will be tried in Judge Hartfields court at the Federal courthouse in Beaumont.
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