IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY. FLORIDA

THOMAS FRANCIS CARNEY Ill,
THOMAS FRANCIS CARNEY JR,
LUCIE CARNEY,
Plaintiffs
v.
CARDINAL NEWMAN HIGH SCHOOL, INC
FRANCIS BYRNE GEARY Ill,
DIOCESE OF PALM BEACH, INC.
Defendants
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COMPLAINT
Case No.:
i I ;u xxxx.mJ

COMES NOW, The Plaintiffs, Thomas Francis Carney Ill, Thomas Francis
Carney Jr. and Lucie Carney, by and through the undersigned attorney and sues the
Defendants, Cardinal Newman High School, Inc., Francis Byrne Geary Ill and Diocese
of Palm Beach, Inc. and states as follows:
JURISDICTION AND VENUE
1. This Court has jurisdiction over this dispute because this complaint seeks
damages in excess of $15,000.00 dollars, exclusive of interest and
attorneys' fees.
2. Defendant Francis Byrne Geary Ill is amenable to jurisdiction as he is an
individual and resides in Palm Beach County, Florida.
3. Defendant Cardinal Newman High School, Inc. is amenable to jurisdiction
as it regularly conducts business in Palm Beach County and throughout
Florida and maintains a High School in Palm Beach County.
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4. Defendant Diocese of Palm Beach, Inc., was, at all times relevant hereto, a
religious establishment, that is amenable to jurisdiction as it has its principal
place of business in Palm Beach County, Florida.
5. Venue is proper in Palm Beach County, Florida because the events from
which this cause of action arises occurred in Palm Beach County, Florida.
PARTIES
6. On or about December 18, 2008, nearing the end of the first semester of
his junior year at Cardinal Newman High School (herein after "Cardinal"),
Thomas Francis Carney Ill (herein after "Francis") developed a hearing
condition after attending a rock concert. The ringing in Francis' ears
persisted and worsened despite medical attention. In fact, Francis
developed a phobia about noise causing serious ramifications at school
whereby he was drawing negative attention from his peers by wearing
earplugs/headphones everywhere.
7. Due to this hearing condition, Francis did not want to attend school.
However, with the knowledge of this hearing condition, Cardinal permitted
and encouraged Francis to stay enrolled, which enabled him to study from
home and attend school for review classes and exams.
e. In the summer of 2009 Francis' hearing condition vastly improved. Francis
saw a specialist and it was revealed that there was no permanent damage
to his ears. It was suggested, that the best thing Francis could do was try to
lead a normal life.
9. Accordingly, based on this advice, Francis decided to return to the school
for his senior year whereby he returned to band, worked hard academically,
and applied to colleges. As a precaution, with the knowledge and
agreement of Cardinal, Francis wore earplugs, earmuffs and/or a sound
dampening headset around the school.
10. In November of 2009, as Francis' mother, Lucie Carney (herein after
"Lucie"), waited to pick up Francis from school, she was approached by
Cardinal's vice principal Theresa Fretterd (herein after "Fretterd"). Fretterd
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summoned Lucie to her office to discuss a situation where "a teacher
overheard two students talking about (Francis] making a bomb." She also
informed Lucie that there was "talk that the ear damage (Francis) was due
to exposure to explosions caused by him."
11. Upon being questioned about Francis' activities at home, Lucie pressed
Fretterd to reveal the name of the teacher and the students to no avail.
Lucie stated that Francis' ear troubles were due to the rock concert which
Cardinal was already made aware of in December 2008.
12. Nevertheless, Lucie was then brought into a room where the principal of
Cardinal, Father Carr, a police officer from the West Palm Beach Police
Department and Francis were assembled. She was questioned further
about Francis' activities and she categorically denied any possibility of
explosives being purchased or assembled in the home. Lucie expressed
total disbelief and shock over these allegations. This was a completely
baseless accusation without any merit. In fact, this questioning occurred
despite the fact that Cardinal knew why Francis was wearing ear-guards
and knew that it was a result of the injury to his ears.
13. Notwithstanding the school's knowledge of Francis' ear condition, prior to
Lucie's arrival at Cardinal, and in full view of the other students, Francis'
locker was searched by Cardinal authorities. Only school books and papers
were found, which further demonstrated. that the accusations were
completely mendacious.
14. The Carney family was profoundly upset by this incident. In fact, Lucie wrote
to Cardinal's principal John Clarke expressing her concern at the meanness
of spirit of such unfounded and baseless accusations (especially in light of
the facts and real reasons of which Cardinal was intimately aware).
Additionally, Tom Carney followed this up with a conversation with John
Clarke expressing his displeasure at the needless humiliation of Francis,
who was pulled out of class and whose locker was searched in full view of
other students. John Clarke agreed this situation should have been handled
differently. John Clarke even stated directly to Lucie that he would
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investigate the matters, root out the rumors and address them.
15. On or about mid April2010, Lucie was contacted by Cardinal's
guidance counselor, Sherri Boyce. Sherri Boyce advised Lucie that a new
rumor surfaced. The rumor was that Francis planned to bring a gun to
school on the last day of the year. Again, Lucie pressed to find out more
details but Sherri Boyce's responses were very vague.
16. On or about April 26, 2010, the Carneys were contacted by Cardinal about
another serious rumor, that Francis was going to bring a gun to school,
which was spreading quickly throughout the whole school. This rumor was
also discussed around school and on Facebook. The Carneys immediately
went to Cardinal and learned that Francis' locker and backpack had been
searched again and that he was again being questioned by Cardinal
authorities and a police officer in view of other students.
17. A private interview was held between the responding police officer and
Francis, whereby again the police officer determined that the whole incident
was based on nothing but a malicious rumor.
18. Immediately upon his arrival to school on April 27, 2010, Francis had been
called into the Dean's office and told to open his Facebook page as there
had been yet another rumor that he had posted: "Tuesday was going to be
Boom-Day ... This was an apparent reference that he was going to set a
bomb. off. There was no such reference on his Facebook page and Francis
was accused by the Dean of Students, Ms. Gomez, of deleting the post.
19. On April 27, 2010, Lucie received a call from Ms. Gomez stating that
"[Francis'} presence at Cardinal Newman had become a major disruption ..
and that he must leave the school immediately.
20. Upon arriving at Cardinal less than 30 minutes later, Lucie found Francis'
backpack lying open on the floor of the administrative office, revealing a few
papers, books and a new set of drumsticks recently purchased for the
express purpose of performing in an end of school-year show, and
graduation.
21. Lucie was brought into an office where Francis was sitting with Fretterd and
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Father Carr. Father Carr immediately stated "we are in panic mode right
now." He explained that parents were arriving in droves to pull their children
out of school and "the situation was too big to handle."
22. Father Carr did not try to hide the fact that he wanted Francis out of the
School immediately and permanently. He offered to make a deal to ensure
that Francis' grades would be worked out and that he would receive his
diploma as long as the Carneys agreed to keep him out of school. Again
Francis stated he did nothing wrong and did not understand why he was
being punished and stigmatized. He stated to Father Carr that he wanted to
take the school exams and his banishment from Cardinal would be viewed
as an admission of guilt.
23. Father Carr stated that Francis remaining in the school would hinge upon
the result of the police investigation and after the Dioceses of Palm Beach
reviewed it.
24. The police immediately commenced an investigation to determine whether
there was any merit to the accusations. Francis cooperated with police and
answered all their questions. Fretterd, who had full control of the names to
be given to Police, was provided with several names by Francis of the
individuals who were spreading the rumors, including the Defendant,
Francis Byrne Geary Ill, (herein after "Geary"). Despite this fact, Geary was
never questioned.
25. In addition, as per the police report, Fretterd gave names to the police of
those who apparently saw the "Post" on Facebook, yet no one questioned
admitted to seeing any post from Francis. Frettered also affirmed Ms.
Gomez's accusation and stated that Francis had deleted the post.
26. On April 27, 2010, two television stations, WPTV and WPEC, interviewed
students about the rumors. One of the students interviewed was Defendant
Geary, who was outside of school waiting to be picked up. The story was on
the evening news which was then published and talked about on Facebook.
27. Three separate articles appeared in The Palm Beach Post on April 27, 2010
and April 28, 2010: "West Palm Police continue to interview Cardinal
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Newman High students about reported threats by one student," "West Palm
Beach police investigate talk of student with gun," and 'West Palm Beach
police looking into student threat at Cardinal Newman High."
28. Additionally, at this time Cardinal's spokesperson Alexis Weinstein, issued a
statement to the Palm Beach Post in which she said "there is no established
credibility to this rumor."
29. The Carneys obtained a copy of the final police report on or about May 7,
2010 in which the officer wrote, "I found no actual basis in the allegations
and found no evidence of any criminal violations."
30. Although the report specifically stated that there was no basis to believe any
of the allegations as true, including the specific allegation which was the
source of Cardinal's actions, Francis was banned from school and was not
permitted to partake in the graduation ceremony.
31. The actions by the School patently contributed to the belief that there must
have been something to the story and rumors even though it was clearly
untrue.
32. Cardinal did nothing to attempt to quell the rumors, allowing the other
students and faculty to believe the allegations against Francis to be correct.
33. Cardinal hired extra security guards, all who were conspicuous, for the
remaining school events to again reinforce the threat within the School
community.
34. Cardinal's actions were designed to ally the fears of the students,
notwithstanding the fact that the School had received the police report
which found no basis in the allegations, nor any evidence of criminal
activity.
35. Francis suffered and continues to suffer to this day from the events that
transpired. He has lost interest in many things that he used to enjoy, and
refuses to go to events in fear that he will be talked about, and put on the
defensive.
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