Case 5:23-cv-00360-HNJ Document 1 Filed 03/21/23 Page 1 of 13 FILED

2023 Mar-21 PM 12:43

U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

JANE DOE, a minor who sues by and )

through her guardian and Next Friend,
)
MARY DOE, )
)
PLAINTIFF, )
)
v. ) Case No.:
)
JASON WATTS, MADISON CITY SCHOOLS )
BOARD OF EDUCATION, and )
BRAIN CLAYTON, )
)
DEFENDANTS. )

COMPLAINT

COMES NOW, Plaintiff Jane Doe by and through her guardian and Next Friend, Mary

Doe, and files her Complaint against Madison City Schools Board of Education, Brain Clayton,

and Jason Watts and, in support thereof, states as follows:

PARTIES

1. Plaintiff Jane Doe (hereinafter referred to at times as “Jane Doe” or “Plaintiff”) is

a minor resident of Madison County, Alabama. At all times relevant, Jane Doe was a student at

James Clemens High School located in Madison, Alabama. Jane Doe brings this action by and

through her guardian and Next Friend, Mary Doe.

2. Mary Doe, as mother and Next Friend of the minor child, Jane Doe, is an individual

over the age of nineteen (19) and, at all times relevant hereto, was and is a resident citizen of

Madison County, Alabama.

3. Defendant Madison City Schools Board of Education (hereinafter referred to at

times as “the School Board” or “Defendant”) is a government entity engaged in providing

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education to children in Madison, Alabama. The Board is a recipient of federal funds under Title

IX and is being sued in its official capacity.

4. Defendant Brian Clayton (hereinafter referred to at times as “Clayton” or

“Defendant”) is Principal of James Clemens High School and is an individual over the age of

nineteen (19) and, at all times relevant hereto, is and was a resident citizen of Madison County,

Alabama. Clayton is being sued in his individual capacity.

5. Defendant Jason Watts (hereinafter referred to at times as “Watts” or “Defendant”)

was Assistant Principal and Athletic Director of James Clemens High School and is an individual

over the age of nineteen (19) and, at all times relevant hereto, is and was a resident citizen of

Madison County, Alabama. Watts is being sued in his individual capacity.

JURISDICTION AND VENUE

6. This action is filed pursuant to 42 U.S.C. § 1983 and 20 U.S.C. § 1681, et seq.,

(“Title IX”) as well as various state law claims, seeking redress of injuries suffered by Plaintiff

Jane Doe due to deprivation, under color of state law, of rights secured by the Fourteenth

Amendment to the United States Constitution. This action also claims violations of Alabama state

law. Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3).

7. Pursuant to 28 U.S.C. § 1367(a), this Court has supplemental jurisdiction over the

Alabama state law claims since these claims are so related to the § 1983 civil rights action and

Title IX claims so that they form part of the same case and controversy.

8. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 and other applicable

law because the cause of action arose in Madison County, Alabama, which is situated within the

district and divisional boundaries of the Northern District of Alabama, Northeastern Division.

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FACTS

9. Paragraphs 1 through 8 are incorporated herein as if set out in full.

10. At all times relevant hereto, Plaintiff Jane Doe was a student at James Clemens

High School in Madison, Alabama (JCHS), which is a school within the authority, control and

jurisdiction of the Madison City Public School System and/or the Madison City Schools Board of

Education (the “School Board.”)

11. JCHS is governed by the School Board. It receives federal funds for the education

and welfare of its students, including TITLE IX funds.

12. In addition to other sources of federal law requiring school officials to protect

students from discrimination and harassment, there are also applicable regulations under TITLE IX

of the UNITED STATES EDUCATION AMENDMENTS of 1972, promulgated pursuant to 20 U.S.C. §

1681, et seq. See 34 C.F.R. Part 106. TITLE IX’s regulations require all recipients to maintain

grievance procedures to protect against sexual discrimination, harassment, and assault. The

regulations also protect individuals from retaliation when they advocate for their own TITLE IX

rights or the rights of others.

13. Brian Clayton is the Principal at JCHS. He was at the time of the events detailed

herein, and continues to be, employed by the School Board.

14. Jason Watts (6’1”, 235 pounds) He was at the time of the events detailed herein,

and continues to be, employed by the School Board.

15. Jane Doe is a 15-year-old female (4’11”, 94 pounds) who transferred to JCHS in

2022. Due to a variety of conditions, Miss Doe is a special education student with an individual

education plan (IEP).

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16. On or around December 14, 2022, at approximately 4:00 p.m. Jane Doe boarded

the school bus at JCHS to go home and sat down next to a friend, Minor X.

17. Another student, Minor Y, stood up and started to yell at Jane Doe wanting the seat

Miss Doe was occupying. Jane Doe responded “over a seat?,” stood up, and began arguing with

Minor Z. During the argument, Defendant Watts approached both of the students.

18. The Madison County Sheriff Deputy assigned to JCHS as its School Resource

Officer (SRO) was not called.

19. JCHS Principal Brian Clayton was standing at the front of the bus watching the

entire exchange.

20. As a result of the altercation, Minor Y punched Jane Doe in the stomach and was

escorted off the bus by Defendant Watts. The SRO was not called.

21. At this point, numerous students began filming the altercation.

22. After escorting Minor Y off the bus, Defendant Watts reentered the bus as Jane Doe

was trying to exit the bus. He grabbed her wrist and pushed her back into one of the bus seats.

23. While Defendant Watts was standing and Miss Doe seated, Defendant Watts

pushed his forearm into Jane Doe’s face forcing her head back into the seat. The SRO was not

called.

24. In response to Defendant Watts pushing his forearm into her chin, Jane Doe bit

Defendant Watts on the arm.

25. In retaliation and apparently now at a complete loss over his emotions, Defendant

Watts began punching Jane Doe in the face with a closed fist.

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26. While Defendant Watts was assaulting Miss Doe, Defendant Clayton continued to

stand in the front of the bus. He did not stop Defendant Watts. He did not assist Miss Doe. He did

not call the SRO. He stood there.

27. With Jane Doe still seated and Defendants Watts still standing, he punched her in

the head twice more, apparently with the intent to continue assaulting her.

28. At this point, a courageous young man, Minor Z, acted to stop the assault on his

classmate. He jumped on Defendant Watt’s back, screamed at him to stop, and yelled “you should

not hit a woman!”1

29. Defendant Watts violently turned on Minor Z, pointed his finger in his face, and, in

a fit of rage, screamed something unintelligible.

30. It was around this time that Defendant Clayton finally decided to do something. His

response, however, was inexplicable. He escorted Defendant Watts from the scene so that pictures

could be taken of the bite mark and asked the SRO to arrest Miss Doe.

31. Jane Doe exited the bus and attempted to go to the school nurse’s office.

32. The SRO then handcuffed Jane Doe and put her into a deputy’s car. She left JCHS

in the back of a police vehicle with a severe headache.

33. Mary Doe was notified by a JCHS representative that her daughter had been taken

to the police station.

34. However, the JCHS representative did not tell Ms Doe that Defendant Watts had

punched her daughter in the face repeatedly or that she required medical attention.

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It was Minor Z’s actions alone which stopped Defendant Watts from continuing to punch Miss Doe in the face.
Defendant Clayton was apparently just going to stand there and watch his assistant principal beat one of his students
repeatedly.

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35. After Jane Doe was released from custody, Mary Doe transported Miss Doe to

urgent care for head injuries as a result of Defendant Watts’ violent assault.

36. The first thing the following day, Defendant Clayton distributed the pictures of the

bite mark on Defendant Watts’ arm to members of the media making the point that Defendant

Watts’ was the victim.

37. Defendant Clayton concealed from the media that his assistant principal had

punched the 15 year-old special education girl in the face repeatedly while he stood there.

38. This was the initial effort of the Madison City School’s effort to vilify Jane Doe

and attempt to conceal the actions of Defendant Watts.

39. Unsurprisingly, no disciplinary action has been taken against Defendant Watts by

Madison City Schools.

40. Similarly, Minor Y was allowed to return to class without any punishment

whatsoever.

41. Minor Z received in-school suspension for his efforts to stop Defendant Watts’

from continuing to bludgeon Miss Doe.

42. Jane Doe was immediately suspended and was not allowed to return to her classes

at James Clemens for weeks, in violation of her rights and multiple laws as detailed infra.

43. After her parents repeatedly attempted to place her back in school, just recently, as

of January 2023, Ms. Doe has been placed in an alternative school setting and is now required to

“earn” her way back into school, as if she was at fault and not Defendant Watts for his repeated

punching her in the face on the bus.

44. Luckily for Jane Doe, Defendant Watts’ violent assault was recorded on video and

posted on social media sites, painting a clear picture of the above facts.

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45. The videos show not only a grown man punching a 15 year old girl in the face

repeatedly but also shocked reactions of Jane Doe’s fellow students at Defendant Watt’s behavior

and the valiant efforts of Minor Z to protect his female colleague.

46. Madison City School and Defendant Clayton’s efforts to smear Jane Doe as a

violent criminal and portray Defendant Watts as the unfortunate victim have failed.

CAUSES OF ACTION

COUNT I

20 U.S.C. § 1681, et. seq.

Violation of Title IX
Defendant Madison City School Board

47. Paragraphs 1 through 28 are incorporated herein as if set out in full.

48. TITLE IX provides that “[n]o person in the United States shall, on the basis of sex,

be excluded from participation in, be denied the benefits of, or be subjected to discrimination under

any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681(a).

49. TITLE IX liability arises when a school district official is an appropriate person with

the authority to take corrective measures in response to sufficient, actual notice of teacher-on-

student assault by a male administrator because of the sex of the student, female, but instead who

responds thereto with deliberate indifference and acts unreasonably in light of known

circumstances.

50. James Clemens High School is considered an educational institution, is the

recipient of federal financial assistance, and is subject to private causes of action under TITLE IX.

51. Defendants School Board Clayton, and Watts, each of them collectively or

separately and severally, while acting under and/or pursuant to color of state law, while having

knowledge of the teacher-on-student assault that occurred on its campus, exhibited a deliberate

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indifference to the assault by Defendant Watts which was directed at Jane Doe because of her sex,

female, in violation of TITLE IX, 20 U.S.C. § 1681, et seq.

52. The assault that Jane Doe experienced was unwelcome and was sufficiently severe,

pervasive and objectively offensive so as to routinely and systematically deprive Jane Doe of equal

access to an educational activity and/or program as Jane Doe has been unable to return to school.

53. Defendants School Board, Clayton, and Watts, and each of them collectively or

separately and severally, had the authority to institute corrective measures on behalf of James

Clemens High School and to remedy the willful violations of TITLE IX; however, they failed to

undertake such actions.

54. Defendants School Board, Clayton, and Watts, and each of them collectively or

separately and severally, in their individual and official capacities, acted with deliberate

indifference to the sufficient, actual notice of Watt’s assault of Plaintiff Jane Doe at James Clemens

High School, inasmuch as the Defendants School Board, Clayton, and Watts, acted unreasonably

in light of the known circumstances.

55. Defendant Clayton is the highest-ranking school official present at James Clemens

High School every day, and, consequently, has the first line of responsibility for ensuring that the

students in his school are safe.

56. Defendant Clayton is high enough on the chain-of-command to impute liability to

James Clemens High School for purposes of Title IX liability.

57. As a direct and proximate result of Defendants School Board, Clayton, and Watts’s

deliberately indifferent, negligent, reckless and/or wanton breach of duty they owed to Plaintiff

Jane Doe pursuant to 20 U.S.C. § 1681, et. seq., Plaintiff Jane Doe was assaulted by Defendant

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Watts at James Clemens High School and subsequently deprived of educational opportunities,

causing her personal injury and severe emotional distress.

58. The School Board, by and through the actions of Clayton and Watts, retaliated

against the Plaintiff Jane Doe for defending herself and resisting the assault by Watts by denying

her access to school and placing her in an alternative school setting in violation of Title IX.

WHEREFORE, Plaintiff demands judgment against Defendant Madison City School

System in the jurisdictional limits of this Court, to be determined by a jury, which will fairly and

adequately compensate Plaintiff for her injuries and damages, together with interest from the date

of injury, attorney fees, and the costs of this proceeding.

COUNT III

42 U.S.C. § 1983
[Violation of 14th AMENDMENT, DUE PROCESS,
EQUAL PROTECTION, 42 U.S.C. § 1983]
Defendants Clayton and Watts

59. Paragraphs 1 through 28 are incorporated herein as if set out in full.

60. The assault toward Plaintiff Jane Doe occurred on school property and while the

students were under the authority and control of Defendant School Board and Defendant

Clayton.

61. Defendants Clayton, and Watts, and each of them collectively or separately and

severally, in their official and individual capacities, violated Plaintiff Jane Doe’s rights under 42

U.S.C. § 1983 and her FOURTEENTH AMENDMENT EQUAL PROTECTION rights by failing to protect

her from assault by Defendant Watts at James Clemens High School.

62. Defendant Watts violated the Plaintiff’s constitutional rights by excessively

punishing her for defending herself from assault by repeatedly punching her in the face.

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63. Defendants Clayton and Watts violated the Plaintiff’s constitutional rights by

retaliating against her, denying her access to school, and placing her in an alternative school

setting.

64. As a proximate consequence thereof, Plaintiff has been damaged, as she has been

caused to suffer physical injury, severe emotional distress, anguish, embarrassment, humiliation,

anxiety, frustration, stress, trauma and concern.

65. Plaintiff is entitled to an award of compensatory damages against Defendants

Clayton and Watts, and each of them collectively or separately and severally, in their official

capacities, and an award of compensatory and punitive damages against them in their individual

capacities.

WHEREFORE, Plaintiff demands judgment against Defendants Clayton and Watts in a

sum in the jurisdictional limits of this Court, to be determined by a jury, which will fairly and

adequately compensate Plaintiff for her injuries and damages, together with interest from the date

of injury, attorney fees, and the costs of this proceeding.

COUNT IV

Assault
Defendant Watts

66. Paragraphs 1 through 28 are incorporated herein as if set out in full.

67. Defendant Watts, while acting in the line and scope of his duties as a teacher and

coach at James Clemens High School, assaulted Plaintiff by causing offensive and unwanted

contact and thereby committed a “trespass to person” as the phrase is used in ALA. CODE § 6-2-

34(1).

68. As a direct and proximate result of the unreasonable and illegal actions of Watts,

Plaintiff has suffered physical and mental anguish and severe emotional distress.

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WHEREFORE, the above premises considered, prays that judgement be entered against

Defendant Watts for compensatory and punitive damages, costs of this action, interest and other

such legal and equitable relief as this Court deems necessary and proper.

COUNT VI

Negligence
Defendants Clayton and Watts

69. Paragraphs 1 through 28 are incorporated herein as if set out in full.

70. Defendants Clayton and Watts owed a duty to Plaintiff to treat her with respect,

accord, and consideration as to any person in a civilized society.

71. Defendants Clayton and Watts negligently breached this duty to Plaintiff and as a

consequence, caused Plaintiff harm.

72. As a direct and proximate result of Defendants Clayton and Watts’ negligence,

Plaintiff has suffered severe mental anguish which was, perhaps, an unintended consequence of

Defendants Clayton and Watts’ negligent actions.

WHEREFORE, the above premises considered, Plaintiff prays that judgement be entered

against Defendants Clayton and Watts for compensatory, costs of this action, interest, and other

such legal and equitable relief as this Court deems reasonable and proper.

COUNT VII

Recklessness/Wantonness
Defendants Clayton and Watts

73. Paragraphs 1 through 28 are incorporated herein as if set out in full.

74. Defendants Clayton and Watts owed a duty to Plaintiff to treat her with respect,

accord, and consideration as to any person in a civilized society.

75. Defendants Clayton and Watts recklessly and/or wantonly breached this duty to

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Plaintiff and as a consequence, caused Plaintiff harm.

76. As a direct and proximate result of Defendants Clayton and Watts’ reckless and/or

wanton conduct, Plaintiff has suffered severe mental anguish.

WHEREFORE, the above premises considered, Plaintiff prays that judgement be entered

against Defendant Clayton and Watts for compensatory and punitive damages, costs of this action,

interest, and other such legal and equitable relief as this Court deems reasonable and proper.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Jane Doe requests this Court enter an Order which will:

A. Declare the conduct engaged in by the Defendants to be in violation of Plaintiff

Jane Doe’s rights under federal and Alabama law;

B. Enter appropriate declaratory and injunctive relief;

C. Award Plaintiff Jane Doe compensatory damages against the Defendants, in an

amount that will fully compensate her for the physical injuries, severe emotional

distress, and concern that she has suffered as a direct and/or proximate result of the

statutory and common law violations as set out herein;

D. Enter a judgment against all Defendants for such punitive damages as will properly

punish them for the Constitutional, statutory and common law violations

perpetrated upon Plaintiff as alleged herein, in an amount that will serve as a

deterrent to Defendants and others from engaging in similar conduct in the future;

E. Award Plaintiff Jane Doe prejudgment and post-judgment interest at the highest

rates allowed by law;

F. Award Plaintiff Jane Doe costs, expert witness fees, and reasonable attorneys’ fees;

G. Assume continuing and indefinite jurisdiction to ensure compliance with the terms

of the Orders requested herein; and,

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H. Award Plaintiff Jane Doe such other and further relief, including equitable, that this

Court deems just and proper.

JURY DEMAND

Plaintiff demands trial by struck jury.

Respectfully submitted on this the 21st day of March 2023.

s/ Teri R. Mastando
Teri Ryder Mastando (ASB-4507-E53T)
Eric J. Artrip (ASB-9673-I68E)
Attorneys for Plaintiff
MASTANDO & ARTRIP, LLC
301 Washington St., Suite 302
Huntsville, Alabama 35801
Phone: (256) 532-2222
Fax: (256) 513-7489
[email protected]
[email protected]

Defendants to be served via certified mail:

Brian Clayton, Ph.D., Principal

JAMES CLEMENS HIGH SCHOOL
11306 County Line Road
Madison, AL 35756
[email protected]

Jason Watts
JAMES CLEMENS HIGH SCHOOL
11306 County Line Road
Madison, AL 35756
[email protected]

Tim Holtcamp, President

MADISON CITY BOARD OF EDUCATION
211 Celtic Drive
Madison, AL 35758
[email protected]

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