DOCUMENT 2

ELECTRONICALLY FILED
10/11/2022 4:29 PM
01-CV-2022-903064.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
JACQUELINE ANDERSON SMITH, CLERK
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

JANE DOE, as Mother and )

Next Friend of MARY DOE, )
)
PLAINTIFF, )
)
v. ) CASE NO. CV2022-__________
)
)
CRAIG KANADAY, in his individual )
capacity and as Principal of Mortimer )
Jordan High School; )
HOPE KEY, in her individual capacity )
and as Assistant Principal of Mortimer )
Jordan High School; )
TIM REEVES, in his individual capacity )
and as Assistant Principal of Mortimer )
Jordan High School; )
P.R., a minor, individually; )
B.F., a minor individually; and )
I.H., a minor, individually; )
)
DEFENDANTS. )

COMPLAINT

PLEASE NOTE: Plaintiff’s First Set of Interrogatories, Requests for Production of

Documents, and Requests for Admissions to Defendants have been
served with this Complaint. If you do not receive these documents,
please telephone the undersigned attorney’s office, and a copy will be
forwarded to you immediately.

COMES NOW, Plaintiff, Jane Doe, as Mother and Next Friend of Minor Plaintiff Mary

Doe, and files this Complaint against Defendants CRAIG KANADAY, in his individual capacity

and as Principal of Mortimer Jordan High School; HOPE KEY, in her individual capacity and as

Assistant Principal of Mortimer Jordan High School; TIM REEVES, in his individual capacity and

as Assistant Principal of Mortimer Jordan High School; P.R., a minor, individually; B.F., a minor,

individually; and I.H., a minor, individually, and, in support thereof, shows as follows:

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PARTIES

1. Plaintiff Jane Doe (hereinafter referred to as “Plaintiff”) is the Mother and Next

Friend of Mary Doe, a minor (hereinafter “Minor Plaintiff”), is above the age of nineteen (19)

years and is a resident of Jefferson County, Alabama.

2. Defendant CRAIG KANADAY is an individual above the age of nineteen (19)

years and an employee of the Jefferson County Board of Education as Principal of Mortimer Jordan

High School.

3. Defendant HOPE KEY is an individual above the age of nineteen, and an employee

of the Jefferson County Board of Education as Assistant Principal of Mortimer Jordan High

School.

4. Defendant TIM REEVES is an individual above the age of nineteen (19) years and

an employee of the Jefferson County Board of Education as Assistant Principal of Mortimer Jordan

High School.

5. Collectively, Defendants KANADAY, KEY, and REEVES are referred to as the

“Administrator Defendants.”

6. Defendant P.R. is a minor (hereinafter referred to as “P.R.” or “Defendant P.R.”) is

under the age of nineteen (19) years and is a resident of Jefferson County, Alabama.

7. Defendant B.F. is a minor (hereinafter referred to as “B.F.” or “Defendant B.F.”) is

under the age of nineteen (19) years and is a resident of Jefferson County, Alabama.

8. Defendant I.H. is a minor (hereinafter referred to as “I.H.” or “Defendant L. H.”) is

under the age of nineteen (19) years and is a resident of Jefferson County, Alabama.

9. Collectively, Defendants P.R., B.F., and I.H. are referred to as the “Minor

Defendants.”

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JURISDICTION AND VENUE

10. Paragraphs 1 through 9 are incorporated herein as if set out in full.

11. Given the amount in controversy and the nature of claims plead infra, this Court

has subject matter jurisdiction over this matter.

12. This Court has personal jurisdiction over each Defendant.

13. Pursuant to ALA.R.CIV.PRO. 82(b)(2), venue is proper in this Court with respect to

Defendants as this is the judicial district in which a substantial part of the events which have given

rise to the claims, plead infra, occurred.

FACTS

14. Paragraphs 1 through 13 are incorporated herein as if set out in full.

15. In accordance with the JAMARI TERRELL WILLIAMS STUDENT BULLYING ACT, ALA.

CODE § 16-28B-1 et seq. (the “ACT”), the Jefferson County Board of Education implemented a

Student Code of Conduct.

16. In accordance with the ACT, Jefferson County Board of Education (the “JCBoE”)

is required to educate its staff and students about bullying and the implementation of school

policies addressing and/or preventing student to student bullying.

17. In accordance with the ACT, JCBoE is required to have a defined procedure for

students to use in reporting bullying, including, but not limited to, written reports on local board

approved complaint forms and written reports of instances of bullying, intimidation, violence, and

threats of violence based on the personal characteristics of a student. ALA. CODE § 16-28B-5.

18. The JCBoE is also required to develop and implement evidence-based practices to

prevent harassment, intimidation, violence, and threats of violence based, as a minimum, on the

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criteria established by this chapter and local board policy, and to intervene when such incidents

occur. ALA. CODE § 16-28B-6(2)

19. Likewise, the JCBoE is required to Report statistics to the local board of actual

violence, submitted reports of threats of violence, and harassment. ALA. CODE § 16-28B-6(4).

20. The JCBoE appears to have complied with the ACT, but the Administrative

Defendants, as per the allegations infra, did not follow the rules, policies, and guidelines

established by the JCBoE pursuant to the ACT.

21. Minor Plaintiff was an A-B student at Mortimer Jordan High School in Kimberly,

Jefferson County, Alabama (“MJHS”) up until Spring of 2022.

22. In the 2021-2022 school year, Minor Plaintiff Mary Doe, P.R., B.F., and I.H. were

all students at MJHS.

23. In the Spring semester of 2022, Minor Plaintiff had one class with Minor Defendant

P.R. and one class with all three of the Minor Defendants.

24. In March 2022, in the presence of Emily Faison, an art teacher at MJHS, Defendant

B.F. threatened to assault Minor Plaintiff.

25. Ms. Faison called Principal Craig Kanaday’s office of MJHS and reported the

threatening incident.

26. Assistant Principal Tim Reeves spoke with the Minor Plaintiff about the threat of

physical violence by the Minor Defendant B.F.

27. Assistant Principal Hope Key met with the Minor Plaintiff, Defendant B.F., and

Jennifer Sloan, a Spanish teacher at MJHS.

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28. None of the Administrative Defendants or teachers involved, Principal Craig

Kanaday, Assistant Principal Key, Assistant Principal Tim Reeves, Ms. Sloan, or Ms. Faison,

contacted Minor Plaintiff’s mother to report the incident to her.

29. None of the Administrative Defendants, who were all aware of this threat of

physical violence to the Minor Plaintiff, asked Minor Plaintiff to complete a written Complaint

nor was this threat reported in accordance with the ACT.

30. No discipline was taken against Defendant B.F. for this incident and absolutely

nothing was done to protect the Minor Plaintiff even in light of the known threats of physical harm.

31. In April 2022, two (2) ninth grade boys at MJHS, “Boy J. B.” and “Boy D.B.”

began bullying and threatening Minor Plaintiff.

32. Minor Plaintiff verbally reported the bullying engaged in by these boys to

Defendant Key.

33. Minor Plaintiff also completed a written statement for Defendant Key about the

bullying she had received up to that point.

34. Defendant Key called the boys to the office to investigate and obtain the boys’

response to the complaint.

35. Defendant Key told Minor Plaintiff the boys denied any actions against the Minor

Plaintiff and placed blame upon Minor Plaintiff.

36. After this, Defendant Key inexplicably then accused Minor Plaintiff of being at

fault for the incident and for the bullying and abuse she suffered.

37. Defendant Key then told Minor Plaintiff she could not do anything about the

bullying incident. She told them that she could only do something about threats of physical

violence.

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38. Neither Boy J.B. and Boy D.B. were disciplined for bullying and threatening Minor

Plaintiff.

39. Neither Defendant Key nor any other representative of MJHS notified Minor

Plaintiff’s mother regarding the incident.

40. Dispirited and knowing School officials would not and/or could not address her

complaints of bullying, Minor Plaintiff endured as best she could as Minor Defendants continued

their harassment and bullying unchecked.

41. Defendants Key, Kanaday, and Reeves knew and/or should have known the

disciplinary history of the Minor Defendants, particularly previous complaints made against the

bullying students by Minor Plaintiff and other students at MJHS.

42. Regardless of verbal and written complaints from students and reports from

teachers, Defendants Kanaday, Key, and Reeves permitted Minor Defendants’ practice of bullying

to continue unheeded and unabated. This utter and complete failure to act would have devastating

consequences for Minor Plaintiff.

43. Following up on their threats in March 2022, which were known to the

Administrative Defendants, Minor Defendant B.F., Minor Defendant P.R., and Minor Defendant

I.H. conspired to physically harm Minor Plaintiff.

44. In the two weeks that led up to May 3, 2022, Defendant B.F. verbally threatened

Minor Plaintiff five or six more times.

45. Minor Plaintiff knew that school officials would not do anything to help her as

evidenced by Minor Plaintiff’s previous complaints of bullying by Boy J.B. and Boy D.B., and the

threat by Minor Defendant B.F. in the presence of a teacher.

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46. Defendant B.F. planned out a physical assault on Minor Plaintiff and conspired with

Defendant P.R. to physically attack Minor Plaintiff while Defendant I.H. would record the entire

incident on her cell phone.

47. On May 3, 2022, at approximately 2:50 p.m. at the close of the school day, all three

Minor Defendants lay in wait in an inside hallway to ambush Minor Plaintiff, hiding behind other

students so they would not be seen.

48. Defendant P.R. aggressively pulled Minor Plaintiff’s backpack off her back.

49. Minor Plaintiff turned around to see who had pulled off her backpack, and

Defendant P.R. hit Minor Plaintiff twice in the head.

50. Defendant P.R then violently pushed Minor Plaintiff, who fell onto the ground on

her left side, breaking her arm in multiple places.

51. Defendant P.R. stood above Minor Plaintiff and pummeled her viciously, striking

Minor Plaintiff in the right side of her head.

52. Minor Plaintiff covered her head with her right arm and tried to protect herself as

much as possible, but Defendant P.R. continued striking her relentlessly.

53. Minor Plaintiff briefly lost consciousness during the beating and urinated on

herself. Defendant I.H. recorded the whole incident on her cell phone.

54. Defendant P.R. walked away and left Minor Plaintiff, broken on the hallway floor

as Defendant P.R. calmly attempted to board her bus home.

55. As a result of the Minor Defendants’ actions, Minor Plaintiff Mary Doe was beaten

and suffered severe injuries to her left arm and face.

56. Ms. Bird, an English teacher at MJHS, went into the hallway and told Minor

Plaintiff to get up. Ms. Bird then took Minor Plaintiff to the nurse’s office.

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57. Minor Plaintiff made a statement about the incident to a Math teacher, Ms. Akin,

who wrote a complaint of the bullying incident and assault. Due to the severity of the injuries

Minor Plaintiff was incapable of writing the report herself.

58. About an hour later, only after the Administrative Defendants were able to secure

Minor Plaintiff’s statement, Defendant Key telephoned Minor Plaintiff’s mother on her cell phone

and told her that her daughter had been involved in an “incident.”

59. Defendant Key wanted Minor Plaintiff to talk with a police officer about the event

immediately.

60. Minor Plaintiff’s mother arrived at the school minutes later to find her daughter in

a wheelchair, severely injured.

61. Two days later, on May 5, 2022, Minor Plaintiff underwent surgery at St. Vincent’s

Hospital in Birmingham, Alabama, to repair the injuries to her left arm and has been treated by an

ENT for injuries to her face.

62. Felony assault charges were filed by Minor Plaintiff’s mother against Defendant

P.R. for the assault on her daughter.

63. After the beating, Assistant Principal Tim Reeves told the Defendant I.H. to delete

the video from her phone. However, neither he nor any Administrative Defendant took any steps

whatsoever to ensure the video was actually deleted.

64. Instead of deleting the recording of the incident she filmed, Defendant I.H. widely

distributed the video by posting on social media platforms including SnapChat, accessible to Minor

Plaintiff’s fellow students and the general public.

65. Minor Plaintiff returned to the school after the surgery. However, she was

immediately shown the video posted by I.H. by a classmate.

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66. Humiliated and embarrassed, Minor Plaintiff left MJHS returning only to take one

exam at the end of the Spring Semester.

67. Due to her injuries and out of fear and embarrassment, Minor Plaintiff was unable

to return to school and resume her normal activities through the end of the school year.

68. Jefferson County Board of Education considered the event a Class II and/or Class

III infraction as outlined in the Student Code of Conduct, resulting in a disciplinary action against

each of the Minor Defendants.

69. It is believed that Defendant P.R. was assigned to alternative school.

70. It is believed that Defendant I.H. only received detention.

71. It is believed that Defendant B.F. was suspended for a few days.

72. As a direct result of the actions of each of the Minor Defendants, Minor Plaintiff

began the 2022-2023 school year at a private school, paid for out of pocket by Plaintiff Jane Doe.

73. After serious consideration of the incidents described herein, but respectful of her

daughter’s wishes, Plaintiff Jane Doe allowed her daughter to return to MJHS where she is

currently enrolled in all advanced classes.

74. Each Minor Defendant conspired and/or participated in Bullying of Minor Plaintiff

as defined in ALA. CODE § 16-28B-3(1).

75. Each Minor Defendant conspired and/or participated in the creation of a Hostile

Environment as defined in ALA. CODE § 16-28B-3(3).

76. Each Minor Defendant conspired and/or participated in the creation of a threat as

defined in ALA. CODE §16-28B-3(7).

77. Each Minor Defendant conspired and/or participated in intentional physical

aggression toward their fellow student in direct contradiction of the JCBoE Code of Conduct.

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78. Each Minor Defendant conspired and/or participated in disruptive conduct, by

substantially disrupting the learning environment or posing a threat to the health, safety, or welfare

of students in direct contradiction of the JCBoE Code of Conduct.

79. Each Minor Defendant conspired and/or participated in harassment of their fellow

student in direct contradiction of the JCBoE Code of Conduct.

80. Each Minor Defendant conspired and/or participated in assault against their fellow

student in direct contradiction of the JCBoE Code of Conduct.

81. Each Minor Defendant conspired and/or participated in inciting others to participate

in harassment, physical aggression, threatening and/or intimidating behavior, disruptive conduct,

and assault against their fellow student in direct contradiction of the JCBoE Code of Conduct.

82. Each Minor Defendant conspired and/or participated in aggravated fighting which

had a reasonable potential to cause injury, which was premeditated, and which was purposefully

held in a congested area during school dismissal in direct contradiction of the JCBoE Code of

Conduct.

83. Each Minor Defendant conspired and/or participated in the act of threatening and

intimidating their fellow student in direct contradiction of the JCBoE Code of Conduct.

84. Each Minor Defendant deliberately conspired and/or participated in acts that

injured Minor Plaintiff and breached their duty to Minor Plaintiff.

85. Defendants Key, Kanaday, and Reeves failed in their duty to Minor Plaintiff to

protect her from harm and comply with State Law, particularly ALA. CODE § 16-28B-1, et seq., or

properly assess, investigate and address the written bullying claims made by the minor Plaintiff.

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86. If the Administrative Defendants had complied with the law and the policies,

guidelines and rules established by the JCBoE, Minor Plaintiff would not have been viciously

attacked and severely injured.

CAUSES OF ACTION

Count I
Negligence
[All Defendants]

87. Paragraphs 1 through 86 are incorporated herein as if set out in full.

88. Each Minor Defendant owed a duty to Minor Plaintiff to not cause Minor Plaintiff

any harm.

89. Each Minor Defendant breached her duty to Minor Plaintiff and were jointly and

severally negligent.

90. Pursuant to state law, particularly ALA. CODE § 16-28B-1, et seq. and the rules,

guidelines, and policies promulgated by the Jefferson County Board of Education, the

Administrative Defendants owed a duty to all students at MJHS, including Minor Plaintiff, to

provide anti-bullying education of its staff and students as required by State Law, and, in particular,

to protect Minor Plaintiff from harm including bullying, threats, intimidation, and physical

violence.

91. Defendants Key, Kanaday, and Reeves breached their duty to Minor Plaintiff as

established by JCBoE School Policy and Alabama State Law.

92. The Administrative Defendants were jointly and severally negligent in breaching

their duties to Minor Plaintiff.

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93. As alleged supra, the negligence, inaction and indifference of Administrative

Defendants Key, Kanaday, and Reeves allowed and/or encouraged the unacceptable behavior of

the Minor Defendants to continue.

94. As a direct and proximate result of the negligence of both the Minor Defendants

and the Administrative Defendants, Minor Plaintiff was threatened, intimidated, harassed, and

assaulted which caused her personal injury and severe emotional distress.

WHEREFORE, the above premises considered, Jane Doe, as Mother and Next Friend of

Mary Doe, a minor, demands judgment for compensatory damages against both Minor Defendants

and Administrative Defendants, jointly and severally, in an amount within the jurisdiction of this

Court, plus costs of this action, interest and all other relief, including equitable, that this Court

deems justified and proper.

Count II
Recklessness / Wantonness
[All Defendants]

95. Paragraphs 1 through 94 are incorporated herein as if set out in full.

96. Each Minor Defendant owed a duty to Minor Plaintiff to not cause Minor Plaintiff

any harm.

97. Each Minor Defendant breached her duty to Minor Plaintiff and were jointly and

severally negligent.

98. Pursuant to state law, particularly ALA. CODE § 16-28B-1, et seq. and the rules,

guidelines, and policies promulgated by the Jefferson County Board of Education, the

Administrative Defendants owed a duty to all students at MJHS, including Minor Plaintiff, to

provide anti-bullying education of its staff and students as required by State Law, and, in particular,

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to protect Minor Plaintiff from harm including bullying, threats, intimidation, and physical

violence.

99. Defendants Key, Kanaday, and Reeves recklessly and/or wantonly breached their

duty to Minor Plaintiff as established by JCBoE School Policy and Alabama State Law.

100. The Administrative Defendants were jointly and severally reckless and/or wanton

in breaching their duties to Minor Plaintiff.

101. As alleged supra, Administrative Defendants Key, Kanaday, and Reeves reckless

and/or wanton actions, inaction, and indifference allowed and/or encouraged the violent and

altogether unacceptable behavior of the Minor Defendants to continue.

102. As a direct and proximate result of both the Minor Defendants’ and the

Administrative Defendants’ reckless and/or wanton actions, Minor Plaintiff was caused to suffer

fear, intimidation, embarrassment, humiliation, anxiety, and concern, as well as severe personal,

social, physical, and emotional distress.

103. As a direct and proximate result of both the Minor Defendants’ and the

Administrative Defendants’ reckless and/or wanton actions, Minor Plaintiff’s educational

performance, opportunities, and/or student benefits, and education have been directly and

adversely disrupted and affected.

104. As a direct and proximate result of the reckless and/or wanton action and inaction

of both the Minor Defendants and the Administrative Defendants, Minor Plaintiff was threatened,

intimidated, harassed, and assaulted which caused her severe personal injury and emotional

distress.

WHEREFORE, the above premises considered, Jane Doe, as Mother and Next Friend of

Mary Doe, a minor, demands judgment for compensatory and punitive damages against both

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Minor Defendants and Administrative Defendants, jointly and severally, in an amount within the

jurisdiction of this Court, plus costs of this action, interest and all other relief, including equitable,

that this Court deems justified and proper.

Count III
Assault
[Minor Defendants]

105. Paragraphs 1 through 104 are incorporated herein as if set out in full.

106. Each Minor Defendant, as alleged supra, assaulted Minor Plaintiff by conspiring

and/or taking part in the offensive and unwanted contact to Minor Plaintiff’s person and thereby

committed a “trespass to person” as the phrase is used in ALA. CODE § 6-2-34(1).

107. As a direct and proximate result of the Minor Defendants’ intentional and

purposeful actions, Minor Plaintiff was caused to suffer personal injury, fear, intimidation,

embarrassment, humiliation, anxiety, and concern, as well as severe personal, social, physical, and

emotional distress.

108. As a direct and proximate result of Minor Defendants’ intentional and purposeful

actions, Minor Plaintiff’s educational performance, opportunities, and/or student benefits, and

education have been directly and adversely disrupted and affected.

WHEREFORE, the above premises considered, Jane Doe, as Mother and Next Friend of

Mary Doe, demands judgment for compensatory and punitive damages against Minor Defendants

in an amount within the jurisdiction of this Court, plus costs of this action, attorneys’ fees, interest

and all other relief, including equitable, that this Court deems justified and proper.

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Count IV
Invasion Of Privacy
[Minor Defendants]

109. Paragraphs 1 through 108 are incorporated herein as if set out in full.

110. Each Minor Defendant, as alleged supra, conspired and/or participated in the act of

Assaulting the Minor Plaintiff, recording the event by video, and posting the video to social media

platforms to violate Minor Defendant’s Rights of Privacy.

111. Knowing a video was taken at the time of the assault by Minor Defendant I.H.,

Defendant Tim Reeves verbally instructed Minor Defendant I.H. to delete the video from her

phone.

112. Regardless of the instruction, I.H. kept the video and posted the video on social

media platforms including SnapChat making the video accessible to other students and the general

public.

113. As a direct and proximate result of Minor Defendants’ intentional and purposeful

actions, Minor Plaintiff’s educational performance, opportunities, and/or student benefits, and

education have been directly and adversely disrupted and affected.

WHEREFORE, the above premises considered, Jane Doe, as Mother and Next Friend of

Mary Doe, demands judgment for compensatory and punitive damages against Minor Defendants

in an amount within the jurisdiction of this Court, plus costs of this action, attorneys’ fees, interest

and all other relief, including equitable, that this Court deems justified and proper.

JURY DEMAND

Jane Doe, as Mother and Next Friend of Mary Doe, demands trial by struck jury.

/s/ Eric J. Artrip

Eric J. Artrip

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Dated this the 11th day of October, 2022.

s/ Eric J Artrip
Eric J. Artrip (ART001)

s/ Teri Ryder Mastando

Teri Ryder Mastando (NIC023)

Attorneys for Plaintiff

MASTANDO & ARTRIP, LLC
301 Washington Street NW, Suite 302
Huntsville, Alabama 35801
Telephone: (256) 532-2222
teri@mastandoartrip.com
artrip@mastandoartrip.com

DEFENDANTS TO BE SERVED BY CLERK OF COURT VIA CERTIFIED MAIL:

Craig Kanaday, Principal

Mortimer Jordan High School
1920 Blue Devil Drive
Kimberly, AL 35091

Hope Key, Assistant Principal

Mortimer Jordan High School
1920 Blue Devil Drive
Kimberly, AL 35091

Tim Reeves, Assistant Principal

Mortimer Jordan High School
1920 Blue Devil Drive
Kimberly, AL 35091

DEFENDANTS TO BE SERVED BY PLAINTIFF’S COUNSEL:

Parent or Legal Guardian of P.R, a minor

Parent or Legal Guardian of B.F., a minor

Parent or Legal Guardian of I. H., a minor

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