JJ V Socorro Consolidated School District - Complaint

Case 2:17-cv-00836-JCH-CG Document 1 Filed 08/15/17 Page 1 of 25
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO
MINOR CHILD J.J.,
Plaintiff,
v. No.
SOCORRO CONSOLIDATED SCHOOL DISTRICT,

RANDALL EARWOOD, in his individual capacity,
J. ANTON SALOME, in his individual capacity, and
GILBERT PERALTA, in his individual capacity,
Defendants.
COMPLAINT FOR PERSONAL INJURY, TITLE IX,

AND VIOLATIONS OF CIVIL RIGHTS
INTRODUCTION
In addition to academics, children learn about authority, trust, and accountability while at
school. To ensure emotional well-being and learning, schools should be safe environments for
our children. Protecting students from known threats presented by employees is basic and
paramount. At the very least, this requires protecting students from staff members who are
sexually inappropriate and dangerous. And when a student’s safety has been compromised,
those responsible for harming the child must be held accountable by school officials, otherwise
the offender will learn his conduct is acceptable and the child will learn that his or her wellbeing
does not matter. In this case, the Socorro County School District made plain that the
longstanding and well-known sexual abuse of female students and staff by one of its male staff
members, a school custodian, was acceptable. In turn, the district made plain to J.J., an
elementary age student and victim of the custodian, that her wellbeing did not matter.
School custodians have unique access to school children: they are mobile, roam the halls
of schools, and enter into private areas of the school free from supervision, all without licensing
or the scrutiny other school staff must withstand. Given this, any information provided to a
school official regarding the sexual misconduct of a custodian must be thoroughly investigated
and adequately punished if substantiated. In this case, the Socorro County School District
ignored repeated reports regarding one of their custodian and his sexual misconduct with young
female students and staff. These reports—lodged by students and staff, alike—were credible and
consistent. Still, instead of terminating the custodian, Socorro County School District protected
him, moving him from school to school. Predictably, the custodian eventually sexually assaulted
J.J. when they were alone in the elementary school bathroom. Also predictable given the
district’s proven priorities, when J.J. reported the sexual assault, school personnel attempted to
discredit her and retaliated against her. It is difficult to overstate the impact of a sexual assault at
school and the coordinated effort by school officials, officials the child should be able to trust, to
discredit a report of sexual assault will have on a young, female student, especially given school
officials were well aware the custodian had a history of assaulting female students and staff.
Minor child J.J., by and through counsel, Kennedy Kennedy & Ives, and the Law Office
of Alexandra Freedman Smith, LLC, brings this Complaint for violations of minor child J.J.’s
violations of her civil rights under the Fourteenth and Fourth Amendments to the United States
Constitution, 42 U.S.C §§ 1983 and 1988, the New Mexico Tort Claims Act, and Title IX, 20
U.S.C.A § 1681. Plaintiff’s allegations follow.1
JURISDICTION AND VENUE
1. This Court has jurisdiction over this action pursuant to 42 U.S.C. §§ 1983 and
1988, 20 U.S.C.A § 1681, and 28 U.S.C. § 1343, with pendent jurisdiction over the state law
claims.

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J.J.’s attorneys are requesting that the Court appoint appoint Sara Crecca as a guardian ad litem for J.J. Plaintiff’s
Petition of Appointment of guardian ad litem filed the same day as this Complaint.
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2. Venue is proper in this district as Defendant is a New Mexico governmental entity and all
acts complained of occurred in New Mexico.
PARTIES
3. Minor child J.J. was a student at Midway Elementary School, which is a Socorro County,
New Mexico public school, at all times relevant.
4. Defendant Socorro Consolidated School District (hereinafter “SCSD”) operates the
public education system in Socorro County, New Mexico. It is a municipal corporation within
the State of New Mexico and, as such, is an entity subject to suit under the Federal Civil Rights
Act and 42 U.S.C. § 1983. SCSD, as an education program receiving federal financial assistance
as contemplated by Title IX, 20 U.S.C.A § 1681(a). Plaintiff seeks damages against SCSD.
Defendant SCSD is also a governmental entity.
5. At all times material, SCSD employed Defendant J. Anton Salome (hereinafter
“Salome”) as an associate superintendent of SCSD. He is sued in his individual capacity.
6. At all times material, Salome was acting within the scope of his duty as an associate
superintendent of SCSD.
7. At all times material, SCSD employed Defendant Randall Earwood (hereinafter
“Earwood”) as the superintendent of SCSD. He is sued in his individual capacity.
8. At all times material, Earwood was acting within the scope of his duty as the
superintendent of SCSD.
9. At all times material, SCSD employed Defendant Gilbert Peralta (hereinsafter “Peralta”)
as the principal of Midway Elementary School— a SCSD school. He is sued in his individual
capacity.
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10. At all times material, Peralta was acting within the scope of his duty as the principal of
Midway Elementary School.
FACTUAL ALLEGATIONS
Sexual Exploitation in School
11. Child abusers must have access to children and the opportunity to normalize their
criminal behavior. See Robert J. Shoop, Sexual Exploitation in Schools, 70-71 (1st Ed. 2004).
12. Child abusers are drawn to professions where they have access to children. Id.
13. School employees have access to children.
14. Criminal sexual contact of a minor is a felony. See NMSA 1978, § 30-9-13.
15. Criminal sexual contact between school employees and students is also a felony under
New Mexico law. See NMSA 1978, § 30-9-13.
16. The potential for the sexual abuse of students by educators and other school employees is
known, and administrations and districts must take steps to prevent it.
17. To prevent child sexual exploitation in school, principals and school officials must
acknowledge that exploitation may exist, pay attention, take all rumors and complaints seriously,
and not allow bias to cause judgment errors. Robert J. Shoop, Sexual Exploitation in Schools,
105 (1st Ed. 2004).
18. Concerning behavior should not be dismissed as “Yes, he seems to be a little too
affectionate with students, but that is just his style; he does not mean anything by it.” Id.
19. NMSA 1978, § 32A-4-3 provides that, “Every person, including … a schoolteacher; a
school official … who knows or has a reasonable suspicion that a child is an abused or a
neglected child shall report the matter immediately to: (1) a local law enforcement agency; (2)
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the department; or (3) a tribal law enforcement or social services agency for any Indian child
residing in Indian country.”
20. Failure to report suspected abuse is criminally punishable by up to a year in jail.
21. Section 32A-4-3 was enacted to protect children, and specifically children at school, from
child abuse in school.
Previous Allegations of Custodian’s Sexual Misconduct in the Socorro Public Schools
22. At all times relevant, Juan Morales (hereinafter “Morales”) was an employee of SCSD,
working at both Midway Elementary School (hereinafter “Midway Elementary”) and Socorro
High School (hereinafter “Socorro High”) as a school custodian.
23. Morales first worked as a custodian at Midway Elementary, an SCSD school, from 2009-
2012.
24. Including, but not limited to all of the factual paragraphs that follow, while working at
Midway Elementary, Morales lewdly commented about a child’s mother in front of an
elementary school student. This student reported the comment to his mother, a teacher at
Midway Elementary.
25. The teacher reported Morales’s lewd comment to the administration.
26. Following this incident, in 2012, SCSD transferred Morales from Midway Elementary to
Socorro High, another SCSD school.
27. SCSD did provide sexual harassment training to Morales in the wake of the teacher’s
report.
28. SCSD did not discipline Morales as a result of the teacher’s report.
29. SCSD did not increase its supervision of Morales as a result of the report.
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30. While the custodian at Socorro High, it was common knowledge among female students
that Morales would attempt to flirt with and hug them when teachers were not around.
31. During the 2013-2014 Socorro High school year, Morales hit a cafeteria worker on her
buttocks with his hand twice. The cafeteria worked reported the incident to the principal of the
school. Morales was suspended for his conduct.
32. Though SCSD suspended Morales, it did not terminate him, retrain him, or increase its
supervision of him.
33. During the 2014-2015 school year, approximately five female Socorro High students
reported to Socorro High staff that Morales had inappropriately touched female students and
made sexual comments towards female students.
34. In response to those reports, Defendant Salome, the Assistant Superintendent of SCSD,
and the Socorro High principal, Susan Comiskey (“Comiskey’), interviewed multiple students
regarding Morales’s inappropriate sexual misconduct on October 17, 2014.
35. According to these interviews, Morales was often in the girls’ restroom during school
hours behaving in a sexually inappropriate manner with female students. The administrators also
learned that when students would ask Morales to leave the girls’ restroom, he would refuse.
36. One student reported that on October 16, 2014, she went into the school bathroom and
found Morales there. He would not leave. He hugged the student and tried to kiss her on her
mouth. The student turned her head, and Morales kissed her cheek. Later the same day, Morales
waited for the student and gave her a dollar. When she reported the incident to school
administrators the following day, she said that during the incident Morales’ eyes had been very
red and she had felt very uncomfortable.
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37. She also reported to Salome and Comiskey that Morales habitually flirted with female
students and tried to hug them. Other students corroborated this in their statements to the
administrators as well.
38. Another female student reported that in October 2014, Morales had been in a classroom
with her and when the teacher left the room, Morales hugged her and called her “baby.”
39. Yet another student reported that in October 2014, Morales had been in the girls’
restroom at Socorro High when she tried to use the facilities. She was forced to leave the
restroom because Morales refused to leave. As the student exited, Morales hit her on the
buttocks.
40. The same student also reported that whenever she saw Morales he would make comments
to her like, “Oh baby, when you turn eighteen…” and “Come on mama.” He made these
comments to other students, as well.
41. A student also reported to Salome and Comisky that in September 2014, Morales had
pushed her back into the girls’ restroom as she was exiting. When she told Morales that she
wanted to leave, he laughed.
42. Yet another young, female student described Morales having hit her on her buttocks
while she was walking in the hall in September of 2014.
43. A student also reported that as she came out of one of the stalls in the bathroom, Morales
came into the bathroom without announcing himself. She told the administrators that he did not
have cleaning supplies with him. She asked him what he was doing in there, told him he was not
supposed to be there, and told him to leave. But Morales laughed at her and kept approaching
her until he came very close to her. The student pushed him away and ran out of the bathroom.
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Morales chased her out. Another teacher saw him come out, behind the student. The teacher
asked him what he was doing in there and called him a pervert.
44. SCSD placed Morales on paid leave on October 17, 2014, after students and a teacher
reported the above chronicled incidents at Socorro High.
45. On January 30, 2015, following two months of paid leave, Earwood sent Morales a letter
telling him that he had been placed on paid administrative leave for a single allegation of
inappropriate conduct involving a single female student. The letter also stated that the district
had conducted an investigation and concluded that allegation was unsubstantiated.
46. Other than Salome and Comiskey having interviewed some of the female students at
Socorro High who Morales had preyed upon, SCSD did not conduct any additional investigation.
47. No one from SCSD bothered to interview Morales.
48. Indeed, there was no basis for SCSD to conclude that the multiple allegations of sexual
assault and harassment were unsubstantiated; and in fact, despite having received multiple
reports, the district only apparently investigated one.
49. Notwithstanding this history of repeated inappropriate behavior toward female students,
SCSD did not take any steps to protect the female students of SCSD.
50. SCSD did not terminate, train, or increase its supervision of Morales.
51. Upon information and belief, no one at SCSD reported this conduct to law enforcement
or the New Mexico Children Youth and Families Department as required by New Mexico law.
52. No one from SCSD bothered to report these incidents to the parents of the female
students who had reported Morales’s sexual misconduct.
53. Instead, Earwood decided to reinstate Morales at Socorro High.
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54. Salome called Socorro High Principal Comiskey to let her know that Morales would be
returning.
55. Comiskey told Salome she did not want him back at the high school and that she thought
Morales should be fired.
56. Instead of firing Morales, the SCSD allowed him to return to work as custodian at SCSD
on January 30, 2015, when Earwood transferred Morales back to work as a custodian at Midway
Elementary, where the students were younger and more vulnerable to Morales’s documented
sexually predatory behavior.
SCSD’s Pattern and Practice of Failing to Prevent Sexual Misconduct
57. SCSD’s pattern of relocating sexually inappropriate staff is not isolated to having moved
Morales from Midway Elementary to Socorro High and back to Midway Elementary, again.
58. Morales himself replaced another custodian who had been accused of sexual misconduct.
59. Chris Naranjo (“Naranjo”) replaced Morales at Midway Elementary after Morales left the
school in 2012.
60. Following Morales’s sexual misconduct, Naranjo should have received training regarding
sexual misconduct.
61. Naranjo should have been adequately supervised to ensure that sexual misconduct did not
reoccur.
62. Instead, Morales’s legacy continued, and two teachers reported to Midway Elementary
Principal, Peralta, that Naranjo had sexually harassed them.
63. On December 20, 2014, one teacher reported that Naranjo had said “I sure would like a
piece of that” when she bent over. She told Peralta she did not feel comfortable working with
Naranjo.
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64. Another teacher told Peralta that Naranjo had leered at her and made sexual comments to
her.
65. Upon information and belief, Peralta did not, nor did anyone else in SCSD, discipline
Naranjo for his behavior.
66. Instead, SCSD transferred Morales, a well-known sexual offender at this point, back to
Midway Elementary to replace Naranjo.
67. Rather than address the problems SCSD had with its custodians engaging in sexual
misconduct, school officials simply moved custodians from school to school, allowing them to
continue to engage in sexual misconduct.
68. SCSD should have fired Morales for his conduct, not moved him back to Midway
Elementary.
69. Undeterred and emboldened, when Morales returned to Midway Elementary, he sexually
harassed female cafeteria workers by calling them “fucking queers.” A teacher reported this to
Peralta and Earwood.
70. Again, SCSD did not take any meaningful steps to protect students and staff.
J.J.’s Allegations
71. During the 2015 fall semester, J.J. was a 10-year-old fifth-grade student at Midway
Elementary.
72. On October 14, 2015, J.J. went to the girls’ restroom at Midway Elementary and found
Morales already there.
73. Peralta had permitted Morales unsupervised access to the girls’ bathroom at Midway
Elementary despite all of the earlier reports about his sexual misconduct.
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74. J.J. was in the restroom to use the facilities, but Morales did not leave, even though she
asked him to go. They were alone together in the girls’ restroom.
75. Morales walked up behind J.J. and hugged her from behind. With his two arms grabbing
her from behind, he touched her chest and vaginal area, and pushed his pelvis against her.
76. J.J. attempted to push Morales off her, but she was not successful.
77. After the assault, J.J. confided in a classmate about the incident that same day, and her
classmate disclosed that Morales had inappropriately touched her, as well.
78. Together, the girls decided to tell an adult about Morales’s sexual misconduct with both
of them.
79. That same day J.J. and the other child reported the sexual assaults to J.J.’s teacher,
Shannon Daye (“Daye”).
80. J.J. also told Daye that Morales was often in the girls’ restroom and that he refused to
leave after she would ask him to go.
81. J.J. met with the school social worker the same day and wrote a statement explaining how
Morales had sexually assaulted her.
82. Daye reported the incident to Head Teacher Catherine Werbelow (hereinafter
“Werbelow”) during morning recess.
83. Werbelow called the principal, Peralta, and told him about the sexual assault.
84. Werbelow instructed Morales to meet with Peralta.
85. The following day, October 15, 2015, Werbelow reported the incident to the police and a
New Mexico State Police officer went to the school to investigate the alleged sexual assault and
interviewed Werbelow.
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Peralta’s Response to J.J.’s Allegations
86. Peralta met with Morales about the sexual assault on October 14, 2015.
87. Peralta sent Morales home during the day, but told him to report to work the following
morning, only one day after J.J.’s allegations of sexual assault.
88. Peralta told Werbelow in an email on October 14, 2015, the same day J.J. was sexually
assaulted, that his opinion was that J.J. was “making more out of the situation than what really
occurred.”
89. Peralta formed this opinion about J.J.’s allegations against Morales without conducting
an investigation or talking to J.J.
90. Peralta formed this opinion about J.J.’s allegations against Morales in spite of Morales’s
past reported conduct.
91. Neither Peralta, nor anyone else with SCSD, reprimanded, disciplined, or investigated
Morales despite the fact that a child reported him for sexual assault.
92. On the other hand, Peralta ensured J.J. was punished for reporting the incident.
93. On the day J.J. reported the alleged sexual assault, October 14, 2015, she was sent to in-
school suspension.
94. Werbelow called J.J.’s parents on October 14, 2015 to inform them of the in-school
suspension. During the phone call, Werbelow failed to mention to J.J.’s parents that J.J. had
come forward that same day alleging sexual assault by the school custodian.
95. No one at Midway Elementary or SCSD informed J.J.’s parents that J.J. had reported a
sexual assault until they were contacted by the New Mexico State Police on October 15, 2015.
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96. Werbelow emailed Peralta to inform him that she had spoken to J.J.’s parents but did not
mention the sexual assault. Peralta’s response, in an email dated October 14, 2015, was, “That’s
fine.
97. The following day, instead of investigating Morales’ actions, Peralta focused his efforts
on investigating J.J.
98. On October 15, 2015, Peralta emailed J.J.’s teacher, Daye, and said, “I am trying to
collect all documentation of [J.J.’s] behavior here at school.”
99. That same day, Daye responded, listing several incidents that had happened during the
same time frame. She noted that when she spoke with J.J. about her behavior, J.J. cried and told
Daye that her behavior was because of what Morales had done to her.
100. Peralta interviewed the other student who had reported Morales’ misconduct to Daye
with J.J. on October 15, 2015. He questioned her about J.J. and asked her to tell him about other
incidents when the student thought J.J. had been lying.
101. Had Peralta questioned the other girl about Morales’s honesty rather than about J.J’s
honesty, he would have discovered that this girl had been victimized by Morales too.
102. Before she and J.J. reported Morales’s behavior, Morales had stood behind this fifth-
grade student in the cafeteria and pressed his genitals into her back.
103. This incident was reported to the police approximately one month later.
104. When the state police officer came to the school to investigate the incident involving J.J.
on October 15, 2015, Werbelow told the officer that J.J. had a history of lying and a pattern of
misconduct.
105. J.J. remained in in-school suspension until October 19, 2015, when her parents took her
out of Midway Elementary.
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106. While J.J. was sent to in-school suspension after she reported the alleged sexual assault,
Morales was not reprimanded.
107. Peralta sent an email to the school staff telling them not to allow students to use the
restrooms when they were being cleaned.
108. Thus, Peralta’s solution to J.J.’s allegations was to place the blame on students who went
to use the bathroom when Morales was in there.
109. Peralta also continued to allow Morales to roam the halls of the school unsupervised.
110. Peralta did so despite the fact that J.J.’s allegations were only one of many allegations
that Morales engaged in sexual misconduct with SCSD students within a one-year period.
Notwithstanding that, no SCSD official took any steps to protect the female students of SCSD.
111. Upon information and belief, Peralta knew or should have known that Morales had
previously been reported for engaging in sexually predatory and inappropriate behavior with
students.
112. Approximately three weeks later, on November 3, 2015, a third-grade, female student
told her parents that Morales had hugged her from behind in the girls’ restroom at Midway
Elementary. He allegedly bent her forward and pushed his genitals against her body as he held
her from behind.
113. When this third-grade student’s parents reported Morales’s sexual assault of their
daughter to Peralta, Peralta and SCSD Human Resources Director Keith Bausman met with the
third-grade student’s teacher.
114. They questioned her about whether the third-grade student who Morales sexually
assaulted had been “coached” by J.J.
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115. Rather than believing that Morales had sexually assaulted these students, these school
officials continued to blame J.J.
116. This is despite the fact that Morales had a history of sexual assault and misconduct with
several students at Socorro High and with SCSD staff members.
117. SCSD Human Resources Director Keith Bausman had knowledge of Morales’s previous
conduct because he kept the personnel files.
118. The New Mexico State Police began a second investigation into Morales after the third-
grade student reported that Morales had sexually assaulted her, and SCSD finally placed Morales
on leave.
Morales’ Sexual Contact of J.J. was the Inevitable Result

of SCSD’s Decisions, Custom, and Practice
119. Salome and Earwood, as Associate Superintendent and Superintendent of SCSD,
respectively, were official policy makers for SCSD at all times relevant to this Complaint.
120. Salome had personally conducted the interviews with female students and a teacher at
Socorro High regarding Morales’ sexual misconduct in October of 2015, one year before
Morales sexually assaulted J.J.
121. Salome relayed the contents of these interviews to Earwood.
122. Despite these reports, Earwood transferred Morales to Midway Elementary, where the
students were more vulnerable to Morales’ predatory behavior.
123. Upon information and belief, Peralta knew or should have known about Morales’ history,
but nonetheless, allowed Morales to roam the school without supervision or restrictions.
124. Upon information and belief, SCSD personnel are not trained to recognize and report
signs of sexual abuse. Given the potential for sexual abuse in schools, this leaves students
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vulnerable to unlawful sexual advances, and violates the constitutional rights of students who
have been touched unlawfully.
125. SCSD did not have clear policy outlining proper administrative response to allegations
that a school employee has inappropriately touched students. These failures amount to deliberate
indifference to the rights of students to be free from sexual abuse, including J.J.
126. SCSD’s failure to train, delineate proper procedure in response to allegations of
inappropriate school employee conduct, and/or ensure school employees who have been the
subject of multiple complaints constitutes a pattern and practice. Policymakers at SCSD,
including Earwood, Salome, and Peralta, had actual or constructive notice of this pattern and
practice because the proper discharge of policymakers’ responsibilities would have uncovered
the constitutional violations resulting from SCSD’s pattern and practice.
127. SCSD’s failure to have a clear policy documenting allegations of inappropriate employee
conduct constitutes a pattern and practice. Policymakers at SCSD, including Defendants
Earwood, Salome, and Peralta, had actual and constructive knowledge of Morales’s improper
conduct, but their failure to properly document his behavior allowed him to continue to harm
students. This failure amounts to deliberate indifference to the rights of students to be free from
sexual abuse, including J.J.
CAUSES OF ACTION
FIRST CAUSE OF ACTION

Violation of the Due Process Right to Bodily Integrity Guaranteed by the
Fourteenth Amendment of the United States Constitution against All Defendants
(42 U.S.C. § 1983)
128. J.J. incorporates by reference the preceding paragraphs as though they were stated fully
herein.
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129. At the time of Morales’s sexual harassment and assaults of J.J., J.J. enjoyed due process
rights under the Fourteenth Amendment to the United States Constitution. This included the
right to be secure in her bodily integrity and free from sexual contact from her school custodian.
130. Morales’s sexual assaults and harassment of J.J. violated her Fourteenth Amendment
right to be secure in her bodily integrity and free from sexual contact by her school custodian.
131. Defendants were aware that Morales had engaged in sexually predatory and inappropriate
behavior with several other students one year before he sexually assaulted J.J. and did nothing to
prevent him from engaging in this behavior.
132. Earwood transferred Morales to a school with younger and more vulnerable victims.
133. Peralta allowed Morales to roam the school where he had access to children without
restriction.
134. Defendants acted with deliberate indifference by ignoring the clear threat Morales
presented to female students.
135. Defendants’ failure to adequately train, delineate proper procedure in response to
repeated allegations of inappropriate school employee conduct, and/or ensure school employees
who have been the subject of multiple complaints are not permitted to continue to work
alongside children constitutes a pattern and practice that deprived J.J. of her right to be secure in
her bodily integrity and free from sexual contact by her school custodian.
136. Earwood, Salome, and Peralta were SCSD policy makers.
137. By allowing Morales continued access to students despite previously reports of Morales’s
sexual misconduct with students and failing to protect J.J. from Morales, whose sexual
misconduct was known to Defendants, Defendants violated J.J.’s Fourteenth Amendment right of
bodily integrity.
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138. Defendants’ acts did not further a government interest.
139. Defendants’ acts were intentional, wanton, malicious, sadistic, and in gross and reckless
disregard of, or deliberate indifference to, J.J.’s constitutional rights.
SECOND CAUSE OF ACTION

Unreasonable Detention/Seizure in Violation of the Fourth Amendment to the
United States Constitution against All Defendants
(42 U.S.C. § 1983)
herein.
141. At the time of Morales sexually harassed and assaulted J.J., J.J. enjoyed the right to be
free from false arrest under the United States Constitution.
142. J.J. was not free to leave Morales when he held her from behind in the girls’ restroom. He
was much stronger than her and forced her to remain in the restroom until he let go of her.
143. Morales seized J.J. unreasonably, however, when he sexually assaulted J.J.
144. J.J. was not free to leave when Morales sexually assaulted her.
145. When Morales sexually assaulted J.J., he did not have a legitimate purpose for her
detention.
behavior with several other students one year before he sexually assaulted J.J., and did nothing to
147. Defendants were aware that Morales would prey on students in the bathroom and hold
them there against their will.
149. Earwood placed no restrictions on Morales when he was transferred to Midway.
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150. Peralta allowed Morales to roam the school where he had access to children without
restriction.
repeated allegations of inappropriate school employee conduct, ensure school employees who
have been the subject of multiple complaints are not permitted to continue to work alongside
children, and failure to document sexual misconduct constitutes a pattern and practice that
deprived J.J. of her right to be free from false arrest.
154. By allowing Morales continued access to students despite previously concerning reports
about Morales’s conduct with students and failing to protect J.J. from Morales, whose sexual
misconduct was known to Defendants, Defendants violated J.J.’s right to be free from
unreasonable seizure.
THIRD CAUSE OF ACTION

Violation of J.J.’s Right to Equal Protection under the Law
Against All Defendants
(42 U.S.C. § 1983/Sex)
herein.
158. At all times relevant to this Complaint, J.J. enjoyed the right to equal protection of the
law under the Fourteenth Amendment.
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159. Male students in the Socorro County, New Mexico public schools were similarly situated
to J.J.
160. All of the known previous complaints against Morales involved female students, not
male.
161. Morales sexually assaulted and harassed J.J.
behavior with several other students one year before he sexually assaulted J.J., and did nothing to
164. Earwood placed no restrictions on Morales when he was transferred to Midway.
165. Peralta allowed Morales to roam the school where he had access to female children
without restriction.
repeated allegations of inappropriate school employee conduct, ensure school employees who
have been the subject of multiple complaints are not permitted to continue to work alongside
children, and failure to document sexual misconduct constitutes a pattern and practice that
deprived J.J. of her right to equal protection under the law.
169. By allowing Morales continued access to students despite previously concerning reports
about Morales’s conduct with students and failing to protect J.J. from Morales, whose sexual
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misconduct was known to Defendants, Defendants violated J.J.’s right to equal protection under
the law.
FOURTH CAUSE OF ACTION

Negligent Maintenance of a Building
Against All Defendants (NMSA 1978, 41-4-1, et seq.)
herein.
173. While a custodian at Midway, Morales, a public employee, was acting within the course
and scope of his duties on behalf of SCSD.
174. Defendants had a duty to maintain the safety of the Socorro public schools for use by
students and teachers.
175. Defendants negligently operated and maintained school grounds by allowing Morales to
roam the halls of schools where he posed a threat to students.
176. Defendants negligently operated and maintained school grounds when they failed to
report students’ allegations of sexual misconduct to police or CYFD in violation of Section 32A-
4-3.
177. Defendants negligently operated and maintained the school grounds and its building by
allowing Morales to work in a building where he had access to young students like J.J.
178. By allowing Morales, a custodian Defendants knew or should have known to have had
multiple, serious complaints against him, on SCSD grounds, Defendants failed to exercise due
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care in maintaining a building that was secure for students generally, and female students in
particular.
179. By allowing Morales, a custodian Defendants knew or should have known to have had
multiple serious complaints against him, to continue to roam the halls of the school unsupervised
and clean student bathrooms during school hours, Defendants failed to exercise due care in
maintaining a building that was secure for students generally and female students in particular.
180. By failing to adequately train teachers and administrators to recognize and report
improper contact between students and staff, delineate proper procedure in response to repeated
allegations of inappropriate school employee conduct, ensure school employees who have been
the subject of multiple complaints are not retained, and to document sexual misconduct
Defendants did not exercise due care in maintaining a building that was safe and secure for
students generally and female students in particular.
181. Morales, the subject of many previous complaints, constituted an unreasonable condition
of dangerousness to all students at Midway, especially female students.
182. Defendants, exercising reasonable care, knew or should have known that allowing
Morales to work at Midway constituted a dangerous condition on the school grounds.
183. Defendants failed to correct the dangerous condition by allowing Morales unsupervised
access to students despite repeated complaints related to his sexual misconduct with students.
184. As a direct and proximate result of Defendants’ creation of a general condition of
unreasonable risk and Morales’s foreseeable sexual assault of J.J., J.J. suffered, and will continue
to suffer, emotional distress.
FIFTH CAUSE OF ACTION

Sex Discrimination
against SCSD
(Title IX, 20 U.S.C.A § 1681)
22

herein.
186. Defendant SCSD is a federal funding recipient.
187. Morales sexually harassed and assaulted J.J. because she is female.
188. Morales’s sexual harassment and assault of J.J. are discrimination and violate Title IX.
189. Defendant SCSD was aware of the fact the Morales had been reported by numerous
students for sexually harassing students.
190. Defendant SCSD was deliberately indifferent to Morales’s known acts of sexual
harassment.
191. Defendant SCSD had actual notice of Morales’s prior acts of sexual harassment of female
students.
192. SCSD officials who had authority to correct Morales’s sexual harassment of students had
actual knowledge of Morales’s behavior and failed to remedy the situation.
193. The harassment was severe, pervasive, and objectively offensive and deprived J.J. of the
educational opportunities provided by the school.
194. SCSD also retaliated against J.J. for reporting the sexual harassment in violation of Title
IX.
195. Retaliation for reporting sexual harassment, assault, and discrimination is prohibited by
federal regulation. See 34 C.F.R. § 100.7.
196. J.J. engaged in protected opposition to discrimination.
197. The same day she reported the abuse and in the days following, materially adverse
actions were taken against her by SCSD officials.
198. These materially adverse actions were taken because J.J. reported her discrimination.
23

PRAYER FOR RELIEF
WHEREFORE Plaintiff minor child J.J., respectfully requests that the Court enter
judgment in her favor, including:
1. Awarding damages in an amount a jury deems sufficient to compensate J.J. for
Defendants’ unlawful conduct;
2. Damages for the nature, extent, and duration of J.J.’s injuries;
3. Punitive damages in an amount a jury deems sufficient to deter Defendants and other
school districts and educational professionals from acting in gross and reckless
disregard of, or indifference to, the rights and safety of J.J. and others;
4. Awarding reasonable costs and attorneys’ fees incurred in bringing this action
pursuant to 42 U.S.C. § 1983 and Title IX;
5. For an award of pre- and post-judgment interest; and
6. For such other and further relief as the Court deems just.
JURY DEMAND
Plaintiff respectfully demands a jury on all issues so triable. This demand is proper
pursuant to Fed. R. Civ. Proc. 38 and the Seventh Amendment of the United States Constitution.
Respectfully Submitted:
KENNEDY KENNEDY & IVES
/s/ Laura Schauer Ives

Laura Schauer Ives
Joseph P. Kennedy
Shannon L. Kennedy
1000 2nd Street NW
Albuquerque, NM 87102
(505) 244-1400 / Fax (505) 244-1406
lsi@civilrightslaw.com
jpk@civilrightslaw.com
slk@civilrightslaw.com
24

LAW OFFICE OF ALEXANDRA FREEDMAN

SMITH, LLC
/s/ Alexandra Freedman Smith

925 Luna Cir. NW
Albuquerque, NM 87102
(505) 314-8884 / Fax (505) 835-5658
asmith@smith-law-nm.com
Attorneys for Plaintiff
25

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JJ V Socorro Consolidated School District - Complaint

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JJ V Socorro Consolidated School District - Complaint

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Case 2:17-cv-00836-JCH-CG Document 1 Filed 08/15/17 Page 1 of 25

IN THE UNITED STATES DISTRICT COURT

MINOR CHILD J.J.,

SOCORRO CONSOLIDATED SCHOOL DISTRICT,

COMPLAINT FOR PERSONAL INJURY, TITLE IX,

U.S.C.A § 1681. Plaintiff’s allegations follow.1

JURISDICTION AND VENUE

acts complained of occurred in New Mexico.

New Mexico public school, at all times relevant.

4. Defendant Socorro Consolidated School District (hereinafter “SCSD”) operates the

Defendant SCSD is also a governmental entity.

5. At all times material, SCSD employed Defendant J. Anton Salome (hereinafter

“Salome”) as an associate superintendent of SCSD. He is sued in his individual capacity.

7. At all times material, SCSD employed Defendant Randall Earwood (hereinafter

“Earwood”) as the superintendent of SCSD. He is sued in his individual capacity.

Midway Elementary School.

Sexual Exploitation in School

13. School employees have access to children.

New Mexico law. See NMSA 1978, § 30-9-13.

105 (1st Ed. 2004).

residing in Indian country.”

20. Failure to report suspected abuse is criminally punishable by up to a year in jail.

child abuse in school.

Previous Allegations of Custodian’s Sexual Misconduct in the Socorro Public Schools

High School (hereinafter “Socorro High”) as a school custodian.

Midway Elementary, Morales lewdly commented about a child’s mother in front of an

25. The teacher reported Morales’s lewd comment to the administration.

Socorro High, another SCSD school.

school. Morales was suspended for his conduct.

made sexual comments towards female students.

regarding Morales’s inappropriate sexual misconduct on October 17, 2014.

red and she had felt very uncomfortable.

comments to other students, as well.

wanted to leave, he laughed.

while she was walking in the hall in September of 2014.

reported the above chronicled incidents at Socorro High.

had conducted an investigation and concluded that allegation was unsubstantiated.

47. No one from SCSD bothered to interview Morales.

reports, the district only apparently investigated one.

students who had reported Morales’s sexual misconduct.

53. Instead, Earwood decided to reinstate Morales at Socorro High.

Morales should be fired.

sexually predatory behavior.

SCSD’s Pattern and Practice of Failing to Prevent Sexual Misconduct

Principal, Peralta, that Naranjo had sexually harassed them.

Naranjo for his behavior.

Midway Elementary to replace Naranjo.

continue to engage in sexual misconduct.

Peralta and Earwood.

Morales already there.

classmate disclosed that Morales had inappropriately touched her, as well.

Shannon Daye (“Daye”).

leave after she would ask him to go.

Morales had sexually assaulted her.

“Werbelow”) during morning recess.

84. Werbelow instructed Morales to meet with Peralta.

Peralta’s Response to J.J.’s Allegations

morning, only one day after J.J.’s allegations of sexual assault.

an investigation or talking to J.J.

past reported conduct.

collect all documentation of [J.J.’s] behavior here at school.”

incidents when the student thought J.J. had been lying.

out of Midway Elementary.