Date: 09-21-2000

Case Style: Doe v. Howe Military School

Case Number: 99-3057

Judge: Diane P. Wood

Court: United States Court of Appeals for the Seventh Circuit

Plaintiff's Attorney: Jack P. Caolo, Dallas, Texas

Defendant's Attorney: Patrick J. Hinkle and Timothy J. Maher, Mishawaka, Indiana and Scott L. Bunnell and Hunt Suedhoff, Fort Wayne, Indiana

Description: The two Jane Does before us in this case claim that they suffered from a variety of forms of sexual harassment, abuse, and fraud when they attended Howe Military School, in Howe, Indiana, in the early 1990s. They relied on Title IX of the Educational Amendments of 1972, 20 U.S.C. sec.sec. 1681-88, and a variety of state law theories to support their claims. The district court dismissed all but Jane C. Doe's fraud claim on the ground that those claims were barred by the applicable statutes of limitations. With the grant of summary judgment for Howe on the remaining fraud claim, the proceedings in the district court were over, and the plaintiffs took this appeal. Finding no error in the court's rulings, we affirm.

I.

In 1989 and 1990, Jane R. Doe and Jane C. Doe enrolled as students at Howe Military School. Howe is a military boarding school operated as a not-for-profit Indiana corporation. At the time of enrollment, Jane C. was 14 and Jane R. was 15. The two women allege that they suffered various forms of abuse during their time as students at Howe. Specifically, they allege that John R. Giles, a U.S. Army Sergeant who worked as a Military Instructor and Tactical Officer at the school, sexually abused them repeatedly. Giles would offer to cancel their demerits or to give them special privileges--like soda pop, candy and cigarettes--in return for sexual favors. Jane R. and Jane C. felt compelled to agree. In addition, they allege that Giles and other Howe employees made derogatory comments about them, implying they were immoral and unchaste; that the school's employees spoke poorly about female cadets in general; and that male cadets harassed and abused them.

Years later, Jane R. and Jane C. sued Howe Military School, Giles, Thomas Merritt (Superintendent of Howe), Lawrence E. Cowles (Commandant of Howe), and Timothy L. Cook (Tactical Officer at Howe), the latter three in both their individual and official capacities. Although their suits were separate, they filed identical seven-count complaints. Count I of each complaint alleged quid pro quo sexual harassment under Title IX; Count II alleged hostile environment discrimination under Title IX; Count III alleged negligence; Count IV alleged intentional harm; Count V alleged assault and battery; Count VI alleged invasion of privacy; Count VII alleged defamation. Jane C. also added a Count VIII to her complaint, alleging fraud. Both plaintiffs explained the timing of their legal action by noting that the suits were filed within a year of their becoming aware of their injuries. For Jane R., the date of that realization was April 1994; she filed suit the following March. Jane C. became aware of her injuries in April 1995 and filed suit in August of that year. On May 13, 1996, the district court consolidated the two cases, along with those of three other former Howe students.

The district court eventually dismissed Counts I - II (Title IX claims) and Counts III - VII (state law claims) on the grounds that the claims were time-barred. The court then granted summary judgment on Jane C.'s Count VIII (fraud). At that point, it entered a final judgment on the consolidated cases, the effect of which we now address.

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Click the case caption above for the full text of the Court's opinion.

Outcome: Affirmed.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None