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Published by: huffpost on Oct 04, 2011
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01/21/2014

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IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF WEST VIRGINIAB.E., an infant under the age of eighteen (18) individuallyand by and through STEPHEN ENDICOTT andSHARON ENDICOTT, individually andas next-friends to the infant, B.E.,Plaintiffs,v. CIVIL ACTION NO._________________MOUNT HOPE HIGH SCHOOL, a secondary education institution;MIKE HUTCHINS, individually and in his capacity as principalof Mount Hope High School;LEAH HUTCHINS, individually and in her capacity as vice-principalof Mount Hope High School;BO MORRISON, individually and as athletic coachfor Mount Hope High School;LINDA NEVI, individually and in her capacity as a teacher andathletic coach for Mount Hope High School;THE BOARD OF EDUCATION OF FAYETTE COUNTY,WEST VIRGINIA, a county educational governing entity;THE WEST VIRGINIA DEPARTMENT OF EDUCATION,a State educational governing entity,
Defendants.
COMPLAINT
I.INTRODUCTIONThis is an action for Damages and Civil Rights Violations sustained by B.E., a femalecitizen of the United States, against Defendants, MOUNT HOPE HIGH SCHOOL, asecondary educational institution, MIKE HUTCHINS, individually, and in his capacity asprincipal of Mount Hope High School, LEAH HUTCHINS, individually and in her
Case 2:11-cv-00679 Document 1 Filed 09/30/11 Page 1 of 17 PageID #: 1
2:11-cv-0679
 
2capacity as vice-principal of Mount Hope High School, BO MORRISON, individuallyand as an athletic coach for Mount Hope High School, LINDA NEVI, individually and inher capacity as a teacher and athletic coach for Mount Hope High School, THE BOARDOF EDUCATION OF FAYETTE COUNTY, WEST VIRGINIA, a county educationalgoverning entity, and THE WEST VIRGINIA DEPARTMENT OF EDUCATION, aState educational governing entity.Defendants MOUNT HOPE HIGH SCHOOL, a secondary education institution,MIKE HUTCHINS, individually and in his capacity as principal of Mount Hope HighSchool, LEAH HUTCHINS, individually and in her capacity as principal of Mount HopeHigh School, BO MORRISON, individually and as an athletic coach for Mount HopeHigh School, and LINDA NEVI, individually and in her capacity as teacher and athleticcoach for Mount Hope High School, and THE BOARD OF EDUCATION OFFAYETTE COUNTY, WEST VIRGINIA, a county educational governing entity, andTHE WEST VIRGINIA DEPARTMENT OF EDUCATION, a State educationalgoverning entity are: (1) directly responsible, pursuant to West Virginia tort laws, for theillegal and unlawful conduct of certain student athletes that were enrolled at Mount HopeHigh School at all times material and relevant to the above-styled action; (2) in directviolation of Title IX (20 U.S.C. § 1681 et seq.); and (3) in direct violation of 42 U.S.C. §1983.II.JURISDICTIONThis action is brought pursuant to (1) various West Virginia State tort law claims; (2)Title IX (20 U.S.C. § 1681 et seq.); and (3) 42 U.S.C. § 1983.
Case 2:11-cv-00679 Document 1 Filed 09/30/11 Page 2 of 17 PageID #: 2
 
3The jurisdiction of this Court is predicated upon 28 U.S.C. § 1343; 28 U.S.C. § 1331;28 U.S.C. § 1367(a); and 42 U.S.C. § 1983.III.THE PARTIES(A)THE PLAINTIFFS1.
 
Plaintiff B.E. is an infant under the age of eighteen (18), is a resident of FayetteCounty, West Virginia, and at all times material and relevant to allegations of thiscomplaint, was a resident of Fayette County and/or Raleigh County, WestVirginia, within the Southern District of West Virginia, and a citizen of theUnited States;2.
 
Plaintiff B.E. is represented by and through her next friends, STEPHENENDICOTT and SHARON ENDICOTT, who at all times material and relevant toallegations of this complaint, were residents of Fayette County and/or RaleighCounty, West Virginia, within the Southern District of West Virginia, and citizensof the United States;3.
 
Plaintiff STEPHEN ENDICOTT brings this action individually, as set forth morefully below;4.
 
Plaintiff SHARON ENDICOTT brings this action individually, as set forth morefully below.
Case 2:11-cv-00679 Document 1 Filed 09/30/11 Page 3 of 17 PageID #: 3

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