Joseph Ramelli, Megan Donovan v. Poway Unified School District, Donald A. Phillips, Scott Fisher, Ed Giles
Published: Aug. 27, 2005 | Result Date: Jun. 8, 2005 | Filing Date: Jan. 1, 1900 |Case number: GIC823157 Verdict – $300,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Lynn Covarrubias
(technical)
Ellen G. Stein
(technical)
Defendant
Richard Buccigross
(medical)
Glenn Scott Lipson
(medical)
Facts
In 2000, plaintiffs Joseph Ramelli and Megan Donovan enrolled as freshman at Poway High School. Ramelli
disclosed he was gay during his freshman year. He complained to school officials of the general atmosphere in
which anti-gay epithets were normal, and also of specific harassment directed at him on a regular basis.
Ramelli had been cornered and threatened in the boys' locker room, told that students planned to beat him up
during P.E., spit on, tripped in the hallways, and called names. He also claimed his car was vandalized several
times.
Donovan played softball during her freshman and sophomore years and was a very successful player, who broke
several school records. She disclosed she was a lesbian in her junior year. Her mother called the assistant coach
many times to complain of the disparaging treatment her daughter was receiving from teammates (in a league
not overseen by the Poway Unified School District). Her mother was concerned her peers would impede
DonovanÆs performance as a result of their ill treatment. The coach and assistant coach insisted that Donovan's
sexual orientation would not affect their decision on whether or not she made the team. After she was not
chosen that year to be on any team, the coach cited performance problems.
Donovan further endured the general atmosphere in which anti-gay epithets were the norm, specific incidents of
harassment and threats of violence. She complained to teachers, guidance counselors, and the principal.
The plaintiffs' parents wrote a joint letter to the high school's principal and then met with him. However, he took
no remedial action. The plaintiffs and their parents sent a letter to Donald A. Phillips, the superintendent of the
school district, requesting his help to stop the anti-gay harassment. The plaintiffs chose to enroll in an
independent study program rather than return to the high school.
Settlement Discussions
Each plaintiff made a C.C.P. Section 998 demand of $100,000.
Damages
The plaintiffs claimed conditions were so intolerable that they were forced to enroll in an independent study program for their senior year. They claimed they suffered, and continue to suffer from, emotional distress.
Result
The jury found the school district liable under the California Education Code. It found Fisher and Giles liable under 42 U.S.C. Section 1983, finding they were deliberately indifferent to plaintiffs' harassment complaints. Ramelli was awarded $175,000 in damages and Donovan was awarded $125,000.
Deliberation
seven days
Poll
12-0 (harassment occurred, which interfered with the plaintiffsÆ education, and school officials knew), 10-2 (school's responsiveness did not meet standard of care)
Length
six weeks
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