Download - Troy Causey Jr. federal lawsuit against DISD and Dallas County Juvenile Department

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

THE ESTATE OF TROY CAUSEY, JR, BY AND THROUGH HIS MOTHER, TAMMY SIMPSON, INDIVIDUALLY AND ON BEHALF OF HIS HEIRS

Plaintiffs, v.

MIKE MILES, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE DALLAS INDEPENDENT SCHOOL DISTRICT; TERRY S. SMITH IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE DALLAS COUNTY JUVENILE DEPARTMENT; TERRY S. SMITH IN HER OFFICIAL CAPACITY AS CHIEF JUVENILE PROBATION OFFICER FOR DALLAS COUNTY;

Defendants.

Civil Action No.

3:15-cv-914 Jury Trial Requested

COMPLAINT

Plaintiff THE ESTATE OF TROY CAUSEY, JR, BY AND THROUGH

HIS MOTHER, TAMMY SIMPSON, INDIVIDUALLY AND ON BEHALF OF

HIS HEIRS (herein “Causey” or “Plaintiff”), by and through undersigned counsel,

Case 3:15-cv-00914-N Document 1 Filed 03/23/15 of 18 PageID 1

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makes this his Complaint against Defendants, MIKE MILES, IN HIS OFFICIAL

CAPACITY AS SUPERINTENDENT OF THE DALLAS INDEPENDENT

SCHOOL DISTRICT; TERRY S. SMITH IN HER OFFICIAL CAPACITY AS

EXECUTIVE DIRECTOR OF THE DALLAS COUNTY JUVENILE

DEPARTMENT; TERRY S. SMITH IN HER OFFICIAL CAPACITY AS CHIEF

JUVENILE PROBATION OFFICER FOR DALLAS COUNTY and allege as

follows:

JURISDICTION AND VENUE

1. This Court has jurisdiction over the federal claims of the Plaintiffs in this

action pursuant to 28 U.S.C. §§ 1331, 1343 because the subject matter of

Plaintiffs’ claims are premised on violations of 42 USC §1983 and 1988.

2. Venue is proper in this Court pursuant to 28 USC §1391(2) as all material

facts out of which this suit arises occurred within the Northern District of

Texas, Dallas Division.

PARTIES

3. Causey, when alive, was a citizen of the State of Texas and was at all

pertinent times within the confines of the Dallas County Juvenile

Department and a resident of Dallas County Youth Village and/or a student

in the Dallas Independent School District.


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4. His mother and natural heir is Tammy Simpson. She too is a citizen of the

State of Texas and brings this Compliant individually and as heir and

representative of the Estate of Troy Causey, Jr.

5. Defendant Mike Miles is sued in his official capacity as Superintendent of

the Dallas Independent School District (“DISD” or “the District”) which at

all times was responsible for the implementation of relevant federal and state

law, UIL rules, the care, management and control of all public school

business within its jurisdiction as to students like Causey, the training of

staff and coaches, the enforcement of policies and procedures and to both

train and supervise staff to prevent harm to students and illegal recruiting

practices of student athletes.

6. Defendant Terry S. Smith is sued in her official capacity as Executive

Director of the Dallas County Juvenile Department which at all times was

responsible to the implementation and enforcement of all public business

within its jurisdiction as to juvenile residents of its facilities like Causey, the

training of staff, the enforcement of policies and procedures and to both

train and supervise staff to prevent harm to residents and participants in the

juvenile probation program and to prevent the illegal contact of residents for


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any purposes including but not limited to sports recruiting from among its

probationers by personnel of DISD.

7. Defendant Terry S. Smith is sued in her official capacity as Chief Juvenile

Probation Officer for Dallas County which at all times was responsible to

the implementation and enforcement of all public business within its

jurisdiction as to juvenile residents of its facilities like Causey, the training

of staff, the enforcement of policies and procedures and to both train and

supervise staff to prevent harm to residents and participants in the juvenile

probation program and to prevent the illegal contact of residents for any

purposes including but not limited to sports recruiting from among its

probationers by personnel of DISD.

HISTORICAL AND CULTURAL BACKGROUND OF RECRUITMENT

8. Many school districts throughout the United States have engaged in the

practice or recruiting students from outside their territorial districts to play

sports as varied as football, baseball, track, and many others, including but

not limited to basketball.

9. DISD for many years has likewise had a dismal record of engaging in the

practice of recruitment of students from outside the confines of the DISD to

play sports within DISD schools.


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10. For the purpose of example only, South Oak Cliff High School in DISD

forfeited its 2005 and 2006 basketball titles for having an ineligibly recruited

player.

11. For further example only, Kimball High School in DISD improperly

recruited a star basketball player and with that player won the state

championship in 2011.

12. In 2012, a DISD investigation found a “concerted attempt” by coaches and

administrators to recruit players from both within and without DISD without

regard to the schools to which those students were properly zoned.

13. The stakes for the DISD sports programs could not have been higher.

Coaches and administrators are professionally scrutinized based upon their

successes on the playing fields and the court. Students are treated as

property – good not for the content of their character, but for the success

they can produce in athletic endeavors.

14. Approvals for the transfer of students were made by a committee at DISD

that votes for approval as a matter of course because to vote against a

transfer would be a vote against one’s peers and would be an act against

one’s own possible self-interest in future committee votes on eligibility.


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This resulted in a policy and practice where anomalies and clear deviations

on UIL and other rules and regulations were routinely disregarded.

15. The Dallas County Juvenile Department and Dallas County (jointly, the

“Department”) operate facilities for juveniles who are part of the juvenile

justice system and monitor probation for youth participants in the juvenile

justice system. As part of that, they operate the Dallas County Youth

Village, a residential placement facility to which young men are sent by the

juvenile courts in Dallas County for rehabilitation, instruction and training.

The Department also undertakes to train all of its employees and officers,

but has wholly failed to properly train and supervise them.

16. The Department has written policies that state that participants have

restricted access to the outside world. Youth mail is monitored, visits are

restricted to counsel and family members and phone calls are similarly

restricted. However, it has been the long-time practice, and therefore the

actual policy of the Department, to allow DISD personnel to visit with

otherwise incarcerated youth for the purpose of sports recruiting.

FACTS REGARDING TROY CAUSEY, JR.

17. In 2013, Causey entered the custody of the Department and was placed at

the Dallas County Youth Village through April of 2013.


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18. While there and in the custody of the Department, Causey was visited by

staff members of the DISD, including the head coach of the DISD Wilmer-

Hutchins basketball team, John Burley.

19. Burley and DISD had unadulterated and unsupervised access to Causey

within the Department and Causey’s private juvenile records in the custody

of the Department.

20. Burley recruited Causey to play basketball in the DISD while he was in

Department custody and obtained private and confidential juvenile records

of Causey not publically accessible.

21. Causey was not a resident within DISD, but was a resident of the Richardson

School District and was zoned to Richardson High School.

22. While within the confines of the Department, Burley and DISD set up a

residence within DISD to which Causey would be released from the custody

of the Department. Before his release from the Department, DISD caused

Causey to be registered to attend Wilmer-Hutchins High School in DISD so

he could play sports there despite his lack of residence.

23. Upon information and belief, Jonathan Tramaine Turner, also was recruited

by DISD staff members from the Department while in Department custody

to play basketball for another DISD team – Madison High School.


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24. Both Causey and Turner were placed in the same residence within DISD by

DISD staff members so that they could play basketball at DISD schools.

25. DISD and the Department were consciously indifferent to the risk and

threats of placing unsupervised non-mature student athletes in homes just so

they would be in DISD and therefore eligible to participate in DISD athletics

programs. However, this had been the pattern and policy of DISD for many

years.

26. Upon information and belief, upwards of 13 such DISD recruiting

placements had occurred at properties owned by the same owner of the

residence where Causey and Turner had been placed.

27. Causey’s paperwork at DISD was falsified to allow the transfer and was

made without parental approval. This was the custom and the practice

involved in this illegal policy of DISD recruitment.

28. There was a complete lack of training as to policy and a complete lack of

enforcement and oversight at both DISD and the Department.

29. For example, Anita Connally, the director of enforcement of DISD’s stated

non-recruitment policies, brought irregularities to the attention of DISD

supervisory personnel but was overruled in favor of the more prevalent


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DISD policy of allowing this illegal and improper recruitment, regardless of

the risks.

30. In these matters, DISD and the Department acted in concert and coordinated

action. DISD knew and understood full well that access to potential

recruiting targets incarcerated within the Department resulted in juveniles –

minors – being transferred between homes and schools. Potential athletes

who were outside of parental control and supervision in the Department

were identified by DISD and through intimidation and both positive and

negative influence were cajoled and manipulated into agreeing to play in

DISD schools. These student athletes within the Department (as well as

generally) are immature minors, seek validation and crave approval from

coaches and others in their peer groups and seek opportunity to grow into the

athletes they see on television and in video games. The Department and

DISD coaches have acted to manipulate these young athletes as a concerted

policy and custom with conscious indifference to the welfare of the young

men and women, such as Causey that are the victims. Students who are

subject to the power of intimidation and pressure of recruitment by DISD

and Department personnel as well as the perceived ego-boost and perceived

opportunity of the ability to play for a team or teams that were being


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specially assembled with select players who were tough, seasoned and had

the experience of the juvenile incarceration and probation that provides

unfettered access to these willing young athletes, such as Causey.

31. Causey was placed in the home with Turner.

32. The Department and DISD engaged in a concerted action in all matters

involved with Causey.

33. On March 24, 2014, Turner and Causey got in an argument in the home in

which they had been placed without adequate supervision.

34. Turner physically accosted Causey such that he was on the ground. Turner

then hit and kicked Causey about the head until his skull was crushed.

Causey suffered severe brain damage from the beating and after

extraordinary attempts to save his life, was declared dead on March 24,

2014.

35. Following on the death of Causey, Anita Connally, the then athletic

compliance officer of DISD immediately began to investigate the matter of

Causey’s recruitment after hearing that the documents presented to her by

other DISD personnel, including head coach John Burley, may have been

falsified. Connally knew that the practice of recruiting at DISD was

endemic. For her efforts in trying to bring the matter of the policies and


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conscious indifference of recruiting at DISD into public view and to cause

them to stop – she was terminated from her job at DISD. Connally is fully

aware, and while a DISD official was deeply suspicious and concerned, that

DISD had a policy of an active dismissal of recruiting rules that put student

athletes in jeopardy.

36. Also following on the death of Causey, the DISD top investigator, Jeremy

Libbe, began an investigation into the death of Causey and the DISD

recruiting that had led to the death. Libbe’s clear conclusion was that it was

the policy of DISD to recruit and to allow improper recruiting and that led

to the death of Causey. Within weeks of the conclusion of Libbe’s

investigation, Libbe was fired by DISD.

37. DISD and the Department acted in concert with each other in the

incarceration and intimidation of young athletes to isolate them, recruit them

from their incarceration into DISD athletic programs for which they would

have been ineligible and placing them in homes within the DISD district

area without regard to the known risk caused by having these young and

immature students, with (albeit juvenile) violent backgrounds into

inadequately supervised housing to allow them athletic eligibility. The

policy and practice includes the rampant and endemic avoidance and


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falsification of UIL rules. The policy and practice involves the contact and

recruitment of Department incarcerated minors. The policy and practice

involves the providing of private and confidential juvenile records to DISD

coaches involved in recruiting. The policy involves placing these student

athletes in homes together without adequate supervision. The policy

includes the falsification of records. The policy includes ostracizing and

even termination from employ of those who oppose. The policy resulted in

the death of Troy Causey, Jr.

38. DISD and the Department (alone and in concert) had a special relationship

with Causey because of his custodial care in the Department, because of his

de-facto custodial care in a home set up for him within the DISD district,

because of his de-facto foster care relationship, because of his coordinated

release from the Department into a home set up for him in the DISD and de-

facto custodial care, because of his release from the Department into a high

school set up for him by the Department and DISD, because of the confines

and restrictions of his juvenile probation, and/or because of his status as a

DISD and Department student and resident.


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39. DISD and the Department (alone and in concert) acted with deliberate

indifference for the care and custody of Causey, ultimately causing his

death.

CAUSE OF ACTION

CIVIL RIGHTS VIOLATION [42 U.S.C. §1983, §1988;

14th Amendment to the Constitution of the United States] (Against All Defendants)

40. Plaintiffs re-allege and incorporate all allegations of this Complaint as if

fully set forth herein.

41. By their acts and omissions alleged above, Defendants DISD and the

Department deprived Causey of his rights to life, liberty and bodily

integrity, thereby violating the Due Process Clause of the Fourteenth

Amendment, for which Defendants are liable to Plaintiffs pursuant to 42

U.S.C. §1983.

42. In addition and in the alternative, DISD and the Department (solely and in

concert) engaged in a policy and practice as set out herein that resulted in the

death of Causey.


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concert) engaged in a policy and practice of deliberate indifference to the

care and custody that resulted in the death of Causey.


concert) failed to properly train and supervise their staff and employees and

otherwise to cease the recruiting and placement of minor children in homes

and assigned to schools inside the parameters of DISD for eligibility in

sports programs that resulted in the death of Causey.

45. Plaintiffs contend that policies, procedures, practices and customs of DISD

and/or the Department (alone or in concert) put Causey in an inherently

dangerous situation and violated his rights under the Fourteenth Amendment

of the Constitution of the United States for which Plaintiffs seek recovery.

46. Plaintiffs contend that the failures to train and supervise staff regarding the

policies, procedures, practices and customs of DISD and/or the Department

(alone or in concert) put Causey in an inherently dangerous situation and

violated his rights under the Fourteenth Amendment of the Constitution of

the United States for which Plaintiffs seek recovery.

47. During the relevant time period contemplated by this cause of action, DISD

and the Department (alone or in concert) failed to follow state and federal


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laws, UIL rules, federal and state regulations and the standard of care for

treatment of Causey.

48. During the relevant time period contemplated by this cause of action, DISD

and the Department (alone or in concert) failed to follow their own written

policies and procedures and those of the state of Texas and the UIL and

other authorities on recruitment and care of student athletes and minor-child

probationary residents.

49. Based upon the operative facts, such acts and omissions rise to the level

of deliberate indifference and conscious indifference constituting a violation

of the Fourteenth Amendment of the Constitution of the United States for

which Plaintiffs seek recovery.

50. Each and every, all and singular of the foregoing acts and omissions, on

the part of Defendants, taken separately and/or collectively, jointly and

severally, constitute a direct and proximate cause of the injuries and

damages set forth herein. As a direct, proximate, and foreseeable result of

Defendants’ unlawful conduct, Plaintiffs have suffered, and will continue to

suffer damages in an amount to be proved at trial.

51. As a direct, proximate, and foreseeable result of Defendants’ unlawful

conduct, Plaintiffs have suffered, and will continue to suffer, generally


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physical, mental, and psychological damages in the form of extreme and

enduring worry, suffering, pain, humiliation, embarrassment, mental

anguish, and emotional distress, and ultimately death, in amounts within the

jurisdictional limits of this Court, to be proved at trial.

52. In acting as alleged above, Defendants acted maliciously, fraudulently,

despicably, and oppressively, with the wrongful intention of injuring

Plaintiffs, from an improper motive amounting to malice, and in conscious

disregard of Plaintiffs’ rights. Plaintiffs are entitled to recover punitive

damages from Defendants in amounts to be proved at trial.

53. Defendants are vicariously liable for their employees, supervisors, coaches,

assistant coaches, probationary officials, representatives and all those acting

in concert with them.

54. The Defendants (both DISD and the Department separately and/or in

concert) after receiving repeated notice of the danger and impropriety of

such acts and omissions as described above took such acts and omissions in

a way that not only shocks the conscience but satisfies the criteria for

punitive damages as set out in 42 USC §1983.

55. Plaintiffs are entitled to reasonable attorneys’ fees and costs of suit as

provided for by 42 U.S.C. § 1988(b).


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JURY DEMAND

56. Pursuant to Federal Rule of Civil Procedure 38(b) Plaintiffs demand a trial

by jury.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for the following relief:

Entry of judgment in favor of Plaintiffs and against Defendants (individually and

jointly and severally) for compensatory damages, punitive damages, reasonable

attorneys’ fees and court cost associated with this suit, prejudgment interest, costs

and disbursement as appropriate herein, and other such relief as may be appropriate

as this Court and jury deems equitable, appropriate, and just.

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Respectfully submitted,

/s/ Charles H. Peckham _________________________ Charles H. Peckham

TBN: 15704900 FBN: 15770 [email protected] Mary A. Martin TBN: 00797280 FBN: 12272 [email protected] PECKHAM, PLLC Two Bering Park 800 Bering Drive, Suite 220 Houston, Texas 77057 (713) 574-9044 (713) 493-2255 – facsimile

SUBJECT TO PRO HAC VICE: Marwan E. Porter, Esquire Florida Bar No. 026813 [email protected] Crystal D. Potts, Esquire Florida Bar No. 111709 [email protected] THE PORTER LAW FIRM, LLC 5033 SE Federal Highway Stuart, Florida 34997 (772) 266-4159 Facsimile: (772) 678-7566 [email protected] [email protected] COUNSEL FOR PLAINTIFF


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Download - Troy Causey Jr. federal lawsuit against DISD and Dallas County Juvenile Department

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