THE 2018 WAHS BASEBALL MYRTLE BEACH STORY – “COUNT II VIOLATION OF 42 U.S.C. § 1983 Plaintiff v. Defendants Pardoe, Freed, McCann, Miller, Holland, Weber, and John Does 1-20 Civil Rights Conspiracy”

150. The Defendants, acting within the scope of their employment and under color of state law, agreed among themselves and with other individuals to act in concert in order to deprive Plaintiff of his clearly established Fourteenth Amendment rights to due process and equal protection under the law.

151. In furtherance of the conspiracy, Defendants engaged in and facilitated numerous overt acts, including, without limitation, the following:

a. Intentionally or with deliberate indifference failing to comply with their duty to keep minor students in their custody and care safe from harm;
b. Intentionally or with deliberate indifference creating an environment wherein Plaintiff was sexually assaulted;
c. Intentionally or with deliberate indifference creating an environment wherein Plaintiff was harassed, ridiculed, bullied, and tormented;
d. Instructing individuals to destroy evidence of the assault of Plaintiff;
e. Attempting to silence witnesses from coming forward about the assault and harassment of Plaintiff;
f. Failing to comply with the requirements of 63 Pa.C.S. § 6311, et seq., requiring the Defendants to report allegations of child abuse to the proper authorities;
g. Failing to notify law enforcement officials of the assault of Plaintiff;
h. Failing to cooperate with law enforcement officials regarding the investigation of the assault of Plaintiff;
i. Failing to conduct an unbiased investigation into the assault of Plaintiff;
j. Intentionally treating a similarly situated white victim of abuse better than Plaintiff, who is black;
k. Affording a white victim of abuse due process in vetting his allegations and compensating him $10,000.00 for said abuse;
l. Intentionally or with deliberate indifference exhibiting a racial bias against Plaintiff;
m. Purposefully discriminating against Plaintiff on the basis of his race;
n. Failing to keep Plaintiff and his family apprised of the status and/or outcome of the investigation;
o. Falsifying records and/or fabricating information in official investigatory documents;
p. Committing offenses which would violate the laws of the United States, including but not limited to 18 U.S.C. §§ 242, 249, and 1503;
q. Committing offenses which would violate the laws of the Commonwealth of Pennsylvania, including but not limited to 18 Pa.C.S. §§ 4904, 4910, 4952, 4958, 5101, and 5301

152. The acts and omissions by the Defendants Pardoe, Freed, McCann, Miller, Holland, Weber, and John Does 1-20 were made in a willful disregard for the safety of Plaintiff and a reckless or callous indifference for his protected rights.

153. Defendants’ acts and omissions, as described above, were the direct and proximate cause of Plaintiff’s injuries. Defendants knew, or should have known, that their actions and/or inactions would result in Plaintiff’s grave physical, emotional, psychological and other harm.

WHEREFORE, Plaintiff demands judgment against Defendants Pardoe, Freed, McCann, Miller, Holland, Weber, and John Does 1-20 in a sum in excess of Seventy-Five Thousand ($75,000.00) Dollars, and in excess of the prevailing arbitration limits, in compensatory damages and punitive damages, exclusive of pre-judgment interest, post-judgment interests and costs.

“COUNT III, VIOLATION OF 42 U.S.C. § 1983 Plaintiff v. All Defendants Violation of Plaintiff’s Fourteenth Amendment Rights to Equal Protection and Due Process” in this series, is forthcoming.