Civil Case Jacket

SOM-L-000517-23 05/02/2023 9:33:23 AM Pg 1 of 18 Trans ID: LCV20231428430
O’CONNOR, PARSONS, LANE & NOBLE, LLC

Gregory B. Noble, Esq. (#017601998)
R. Daniel Bause, Esq. (#019122011)
959 South Springfield Avenue, 2nd Floor
Springfield, New Jersey 07081
Phone: 908-928-9200
Attorneys for Plaintiffs
ESTATE OF KATHLEEN FITZPATRICK

a/k/a MYLES FITZPATRICK, by his SUPERIOR COURT OF NEW JERSEY
Administrator Ad Prosequendum LAW DIVISION: SOMERSET COUNTY
Danielle Warshefski; DANIELLE DOCKET NO: SOM-L-
WARSHEFSKI, individually,
Civil Action
Plaintiffs,
COMPLAINT AND JURY DEMAND
v.
MANVILLE BOARD OF EDUCATION;

MANVILLE HIGH SCHOOL; BOROUGH
OF MANVILLE; SOMERSET COUNTY
OFFICE OF EDUCATION; JANE DOE I-
V (these names being fictitious as their
present identities are unknown); JOHN
DOE I-V (these names being fictitious as
their present identities are unknown);
XYZ CORPORATION I-V (these names
being fictitious as their present identities
are unknown),
Defendants.
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
1. Plaintiff Kathleen Fitzpatrick a/k/a Myles Fitzpatrick, through his estate
by his Administrator Ad Prosequendum Danielle Warshefski, (“plaintiff” or
“Fitzpatrick”) resided at 147 South 8th Ave., Manville, New Jersey 08835 and at all
times relevant hereto was a student at Manville High School, which upon information
and belief was operated by and/or under the control of defendants.

2. Plaintiff Danielle Warshefski (“Warshefski”) resides at 147 South 8th
Ave., Manville, New Jersey 08835 and at all times relevant hereto was Fitzpatrick’s
mother and guardian ad litem.
3. Defendant Manville Board of Education (“Manville BOE” or the
“District”), is a school district located at 1100 Brooks Blvd., Manville, New Jersey
08835 and is engaged in the business of educating children.
4. Defendant Manville High School is a school located at 1100 Brooks
Blvd., Manville, New Jersey and is engaged in the business of educating children.
5. Defendant Borough of Manville is a public entity located at 325 N. Main
St., Manville, New Jersey 08835 and has control over and/or operates Manville BOE
and/or Manville High School.
6. Defendant Somerset County Office of Education is a public entity
located at 27 Warren St., 4th Floor, Somerville, New Jersey 08876 and has control
over and/or operates Manville BOE and/or Manville High School.
7. At all times relevant hereto, the defendants Jane Doe I-V and John Doe
I-V are fictitious names used to identify those individuals which names are presently
unknown that engaged in wrongful acts outlined herein and their identities are
presently unknown.
8. At all times relevant hereto, the defendants XYZ Corporation I-V are
fictitious names used to identify those corporations which names are presently
unknown but include corporations incorporated under the laws of the State of New
Jersey and/or other states that engaged in wrongful acts outlined herein.
9. Beginning in or about the 2018-2019 school year, Fitzpatrick entered
Manville High School as a student.
10. During the 2020-2021 school year, educational instruction was virtual
due to the ongoing pandemic.
11. During this school year in or about December 2020, Fitzpatrick came
out as transgender and began transitioning from being a female to being a male,
taking on the first name Myles.
12. In or about September 2021, the 2021-2022 school year began in a
hybrid format.
13. It was during the course of this 2021-2022 school year that Fitzpatrick
became the target of severe harassment, intimidation and bullying by his fellow
students due to his gender identity.
14. This harassment and bullying involved constant comments and
disparaging remarks during the school day concerning Fitzpatrick’s gender identity
and status as a transitioning youth, including being ridiculed about his appearance
and clothing.
15. This harassment and bullying included, but was not limited to, the use
of certain slurs, including “faggot,” referring to him as “she” as a form of mockery and
other overt derogatory references to his gender identity, including that he would
never be a male.
16. Furthermore, Fitzpatrick was frequently physically bullied in the
hallways of school because of his gender identity, including being pushed, being
pushed into lockers, having items thrown at him, being kicked and having his hair
pulled.
17. This harassment, discrimination and/or bullying occurred, amongst
other times, when Fitzpatrick would use the boy’s bathroom and/or locker room to
change for gym class and/or otherwise use the facilities.
18. Upon information and belief, on several occasions this harassment,
bullying and discrimination was carried out in the presence of defendants’ teachers
and/or staff members without intervention.
19. Unfortunately, as a result of this severe harassment and bullying,
Fitzpatrick experienced severe depression and anxiety, engaged in acts of self-
mutilation and/or self-harm and attempted suicide.
20. Upon information and belief, this self-mutilation was on occasion carried
out at school, with Fitzpatrick exhibiting signs of same through such things as bloody
sleeves; however, despite such notice, no action was taken by defendants to remedy
or address same.
21. These instances escalated to the point that several complaints were
made by Warshefski to District personnel, up to and including Fitzpatrick’s counselor
Tara Delmonaco.
22. Furthermore, on at least one occasion, Fitzpatrick himself reported this
bullying, harassment and/or discrimination to defendants’ employees, up to and
including to teacher Miss Pycior.
23. However, this harassing and bullying conduct only continued to
escalate and apparently nothing sufficient was done to address the complaints of
same despite clear notice, including an apparent lack of intervention or enforcement
of District and/or State of New Jersey policies and procedures.
24. Furthermore, in or about 2021, Fitzpatrick requested and was given
special permission to use the restroom in the faculty lounge and/or the nurse’s office
to go to the bathroom and change for gym due to his transitioning status and
because he was being bullied in the locker room.
25. However, in or about 2022, defendants took away this privilege and/or
accommodation without explanation.
26. Therefore, Fitzpatrick was forced to once again begin changing in the
male locker room, where he was subjected to continued severe harassment and
bullying by his fellow students based upon his gender identity, including derogatory
comments and having items thrown at him.
27. During the course of this continued harassment and bullying,
Warshefski continued to complain about the occurrences and lack of intervention
and/or remediation, even going so far as requesting that Fitzpatrick could receive
some accommodation through virtual and/or home schooling, a request which was
denied.
28. This harassment and bullying continued without intervention or
remediation to the point that on or about November 7, 2022, Fitzpatrick committed
suicide.
FIRST COUNT
New Jersey Law Against Discrimination

Gender Identity and/or Expression Discrimination and Harassment
29. Plaintiffs repeat and reallege each and every allegation of the within
paragraphs of this Complaint as if set forth at length herein.
30. Pursuant to the New Jersey Law Against Discrimination, N.J.S.A. 10:5-
1, et seq. (“LAD”), defendants are liable for the acts constituting gender identity
and/or expression discrimination and harassment perpetrated within the subject
school.
31. As set forth herein, defendants allowed for a severe and pervasive
discriminatory and harassing environment to exist based on regular and continuous
incidents wherein plaintiff Fitzpatrick was subjected to repeated harassment, bullying
and/or intimidation based upon plaintiff’s gender identity and/or expression.
32. Furthermore, defendants failed to properly address these repeated acts
constituting discrimination and harassment of plaintiff Fitzpatrick even after numerous
complaints regarding same, allowing this behavior to continue with knowledge of
same.
33. Defendants failed to implement any preventative or remedial measures
to protect against unlawful harassment, and discrimination, including, but not limited
to:
(a) failure to institute or implement effective policies or procedures
regarding harassment, bullying and discrimination and the reporting and investigation
of complaints of same;
Jane Doe I-V (these names being fictitious as their present identities are unknown);
John Doe I-V (these names being fictitious as their present identities are unknown);
XYZ Corporation I-V (these names being fictitious as their present identities are
unknown), jointly and severally, for harm suffered as a result of defendants’ negligent
hiring/supervision as follows:
(f) compensatory damages;
(g) consequential damages;
(h) punitive damages;
(i) attorneys’ fees with appropriate enhancement; and
(j) such other relief as may be available in which this court deems
to be just and equitable.
FOURTH COUNT
Intentional Infliction of Emotional Distress
52. Plaintiffs hereby incorporate each and every allegation of the within
paragraphs of this Complaint as if they were fully set forth at length herein.
53. During all times mentioned herein, defendants were on notice and
reasonably aware of the harassment, discrimination and/or bullying plaintiff Fitzpatrick
was being subjected to and did knowingly, intentionally and recklessly fail to take any
reasonable steps to stop or prevent the same from occurring and/or continuing, and
did intentionally and knowingly conceal their own bad acts in failing to protect children
in order to protect their own reputation, and to prevent victims of harassment,
discrimination and/or bullying from coming forward.

unknown), jointly and severally, for harm suffered as a result of defendants’ Gender
Identity and/or Expression Discrimination and Harassment
in violation of the LAD as follows:
(a) compensatory damages;
(b) consequential damages;
(c) punitive damages;
(d) attorneys’ fees with appropriate enhancement under Rendine v.
Pantzer, 141 N.J. 292 (1995); and
(e) such other relief as may be available pursuant to the LAD in
which this court deems to be just and equitable.
SECOND COUNT
Negligence
37. This Complaint sets forth a continuing course of harassment, bullying
and discrimination knowingly perpetrated and condoned by defendants, which forced
plaintiff Fitzpatrick to attend school in an environment so hostile and intolerable that it
caused him severe emotional injuries.
38. Defendants owed plaintiff a duty under N.J.S.A. 18A:37-15, et seq. and
otherwise to properly address and prevent the continued and reported harassment,
bullying and discrimination plaintiff Fitzpatrick was subjected to but generally failed in
satisfying same and thus breaching a duty owed to him.

39. Defendants knew, or should have known, that their failure to exercise
due care in regards to plaintiff Fitzpatrick’s concerns and the duty owed to him would
cause him extreme emotional distress.
40. By virtue of the foregoing acts, defendants’ extreme and outrageous
misconduct in this case exceeds all bounds of decency tolerated by our society.
41. Furthermore, plaintiff Danielle Warshefski alleges she was a parent of
the deceased Fitzpatrick and, as a result of the negligence of these defendants, has
suffered severe emotional distress and will so continue to suffer said distress into the
future.
42. Plaintiffs have been severely injured as a result of such tortuous
conduct as they have suffered physical and bodily injuries, emotional distress,
humiliation, embarrassment, anguish, personal hardship, career and social
disruption, psychological and emotional harm, death, and other such damages.
WHEREFORE, plaintiffs, Estate of Kathleen Fitzpatrick a/k/a Myles Fitzpatrick,
by his Administrator Ad Prosequendum Danielle Warshefski; Danielle Warshefski,
individually, demand judgment against defendants, Manville Board of Education;
Manville High School; Borough of Manville; Somerset County Office of Education;
unknown), jointly and severally, for harm suffered as a result of defendants’
negligence as follows:

(d) attorneys’ fees with appropriate enhancement; and
(e) such other relief as may be available in which this court deems
THIRD COUNT
Negligent Hiring/Supervision
44. During all times mentioned herein, the defendants held out to the public
and otherwise made representations that its employees, including teachers and school
staff, had been vetted, screened, trained, supervised and approved as people that
could be entrusted with the safety of children, when in fact they were not.
45. During all times mentioned herein, plaintiffs reasonably relied upon the
acts and representations of the defendants and reasonably believed that defendants’
employees had been appropriately vetted, screened, trained, supervised and approved
as people who could be trusted with the supervision, care, custody, and control of
children, including the plaintiff, when in fact they were not.
46. During all times mentioned herein, defendants knew or should have
known that plaintiff Fitzpatrick was being subjected to harassment, discrimination and
and/or bullying.
47. During all times mentioned herein, by hiring and continuing to employ
certain individuals within the school, defendants breached their duty to select
competent and fit employees for the work assigned to them, work which included
teaching, advising, supervising, controlling, and ensuring the safety of children,
including plaintiff Fitzpatrick.
48. During all times mentioned herein, defendants failed to exercise due care
in selecting and assigning employees and knew or should have known through
reasonable investigation that plaintiff Fitzpatrick was suffering from harassment,
discrimination and/or bullying.
49. During all times mentioned herein, it was reasonably foreseeable that the
harassment, discrimination and/or bullying would likely occur and was occurring,
whether on or off the defendants’ premises, and would result in severe and permanent
physical and psychological injury.
future.

unknown), jointly and severally, for harm suffered as a result of defendants’ negligent
hiring/supervision as follows:
(f) compensatory damages;
(g) consequential damages;
(h) punitive damages;
(i) attorneys’ fees with appropriate enhancement; and
(j) such other relief as may be available in which this court deems
FOURTH COUNT
Intentional Infliction of Emotional Distress
53. During all times mentioned herein, defendants were on notice and
reasonably aware of the harassment, discrimination and/or bullying plaintiff Fitzpatrick
was being subjected to and did knowingly, intentionally and recklessly fail to take any
reasonable steps to stop or prevent the same from occurring and/or continuing, and
did intentionally and knowingly conceal their own bad acts in failing to protect children
in order to protect their own reputation, and to prevent victims of harassment,
discrimination and/or bullying from coming forward.

54. During all times mentioned herein, defendants knowingly, intentionally,
and with reckless indifference to the safety of children, permitted, acquiesced, and was
otherwise complacent in the harassment, discrimination and/or bullying perpetrated
against children such as plaintiff Fitzpatrick.
55. The aforesaid acts and omissions by defendants were made knowingly,
intentionally and recklessly and were outrageous and were so extreme in degree as to
go beyond all possible bounds of decency and to be regarded as atrocious and utterly
intolerable in a civilized community.
the deceased Fitzpatrick and, as a result of the acts of these defendants, has
future.
unknown), jointly and severally, for harm suffered as a result of defendants’
intentional infliction of emotional distress as follows:
(k) compensatory damages;
(l) consequential damages;
(m) punitive damages;
(n) attorneys’ fees with appropriate enhancement; and
(o) such other relief as may be available in which this court deems
FIFTH COUNT
Negligent Infliction of Emotional Distress
59. This Complaint sets forth a continuing course of harassment, bullying
and discrimination knowingly perpetrated and condoned by defendants, which forced
plaintiff Fitzpatrick to endure an environment so hostile and intolerable that it caused
him severe emotional injuries.
60. Defendants owed plaintiff a duty under N.J.S.A. 18A:37-15, et seq. and
otherwise to properly address and prevent the continued and reported harassment,
bullying and discrimination plaintiff Fitzpatrick was subjected to but generally failed in
satisfying same and thus breaching a duty owed to him.
61. Defendants knew, or should have known, that their failure to exercise
due care in regards to plaintiff Fitzpatrick’s concerns and the duty owed to him would
cause him extreme emotional distress.

62. By virtue of the foregoing acts, defendants’ extreme and outrageous
misconduct in this case exceeds all bounds of decency tolerated by our society.
future.
Manville High School; Borough of Manville; Somerset County Office of Education; Jane
Doe I-V (these names being fictitious as their present identities are unknown); John
Doe I-V (these names being fictitious as their present identities are unknown); XYZ
Corporation I-V (these names being fictitious as their present identities are unknown),
jointly and severally, for harm suffered as a result of defendants’ negligent infliction of
emotional distress as follows:
(p) compensatory damages;
(q) consequential damages;
(r) punitive damages;
(s) attorneys’ fees with appropriate enhancement; and

(t) such other relief as may be available in which this court deems to
be just and equitable.
SIXTH COUNT
Wrongful Death
66. The decedent, plaintiff Fitzpatrick, left his surviving-next-kin who
suffered pecuniary injury as a result of his death.
67. This accident is being commenced within two years of the date of the
death of plaintiff Fitzpatrick.
Manville High School; Borough of Manville; Somerset County Office of Education; Jane
Doe I-V (these names being fictitious as their present identities are unknown); John
Doe I-V (these names being fictitious as their present identities are unknown); XYZ
Corporation I-V (these names being fictitious as their present identities are unknown),
jointly and severally, for harm suffered as a result of defendants’ cause of wrongful
death as follows:
(d) attorneys’ fees with appropriate enhancement; and

(e) such other relief as may be available in which this court deems to
be just and equitable.

/s/ Gregory Noble

By:__________________________
GREGORY B. NOBLE
DATED: May 2, 2023
JURY DEMAND
Plaintiffs demand a trial by jury as to all issues.

/s/ Gregory Noble

By:__________________________
GREGORY B. NOBLE
DATED: May 2, 2023
DESIGNATION OF TRIAL COUNSEL
Please take notice that pursuant to Rule 4:25-4, Gregory B. Noble, Esq. is
hereby designated as trial counsel in the within matter.
CERTIFICATION PURSUANT TO RULE 4:5-1
The undersigned, Gregory B. Noble, certifies on behalf of the plaintiff as
follows:
1. I am an attorney admitted to practice law in the State of New Jersey,
counsel for the above-named plaintiff in the subject action.

2. The matter in controversy in this case is not, to my knowledge, the
subject of any other action pending in any court or pending arbitration proceeding,
nor is any other action or arbitration proceeding contemplated.
3. There are no other parties who should be joined in this action that we
are aware of at the present time.
I hereby certify that the foregoing statements made by me are true. I am
aware that if any of the foregoing statements made by me are willfully false, I am
subject to punishment.

/s/ Gregory Noble

By:__________________________
GREGORY B. NOBLE
DATED: May 2, 2023

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SOM-L-000517-23 05/02/2023 9:33:23 AM Pg 1 of 18 Trans ID: LCV20231428430

O’CONNOR, PARSONS, LANE & NOBLE, LLC

ESTATE OF KATHLEEN FITZPATRICK

MANVILLE BOARD OF EDUCATION;

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

1. Plaintiff Kathleen Fitzpatrick a/k/a Myles Fitzpatrick, through his estate

by his Administrator Ad Prosequendum Danielle Warshefski, (“plaintiff” or

and belief was operated by and/or under the control of defendants.

2. Plaintiff Danielle Warshefski (“Warshefski”) resides at 147 South 8th

mother and guardian ad litem.

3. Defendant Manville Board of Education (“Manville BOE” or the

08835 and is engaged in the business of educating children.

4. Defendant Manville High School is a school located at 1100 Brooks

5. Defendant Borough of Manville is a public entity located at 325 N. Main

and/or Manville High School.

6. Defendant Somerset County Office of Education is a public entity

over and/or operates Manville BOE and/or Manville High School.

9. Beginning in or about the 2018-2019 school year, Fitzpatrick entered

Manville High School as a student.

due to the ongoing pandemic.

taking on the first name Myles.

12. In or about September 2021, the 2021-2022 school year began in a

students due to his gender identity.

14. This harassment and bullying involved constant comments and

16. Furthermore, Fitzpatrick was frequently physically bullied in the

17. This harassment, discrimination and/or bullying occurred, amongst

change for gym class and/or otherwise use the facilities.

18. Upon information and belief, on several occasions this harassment,

and/or staff members without intervention.

19. Unfortunately, as a result of this severe harassment and bullying,

Fitzpatrick experienced severe depression and anxiety, engaged in acts of self-

mutilation and/or self-harm and attempted suicide.

made by Warshefski to District personnel, up to and including Fitzpatrick’s counselor

22. Furthermore, on at least one occasion, Fitzpatrick himself reported this

bullying, harassment and/or discrimination to defendants’ employees, up to and

including to teacher Miss Pycior.

23. However, this harassing and bullying conduct only continued to

same despite clear notice, including an apparent lack of intervention or enforcement

of District and/or State of New Jersey policies and procedures.

24. Furthermore, in or about 2021, Fitzpatrick requested and was given

because he was being bullied in the locker room.

accommodation without explanation.

comments and having items thrown at him.

27. During the course of this continued harassment and bullying,

Warshefski continued to complain about the occurrences and lack of intervention

28. This harassment and bullying continued without intervention or

remediation to the point that on or about November 7, 2022, Fitzpatrick committed

New Jersey Law Against Discrimination

paragraphs of this Complaint as if set forth at length herein.

and/or expression discrimination and harassment perpetrated within the subject

discriminatory and harassing environment to exist based on regular and continuous

incidents wherein plaintiff Fitzpatrick was subjected to repeated harassment, bullying

and/or intimidation based upon plaintiff’s gender identity and/or expression.

32. Furthermore, defendants failed to properly address these repeated acts

constituting discrimination and harassment of plaintiff Fitzpatrick even after numerous

complaints regarding same, allowing this behavior to continue with knowledge of

33. Defendants failed to implement any preventative or remedial measures

(a) failure to institute or implement effective policies or procedures

(f) compensatory damages;

(g) consequential damages;

(h) punitive damages;

(i) attorneys’ fees with appropriate enhancement; and

to be just and equitable.