The blog over 25 years in the making. St John's Military School in Salina, Kansas has a 125 year history of corruption, abuses both sexual and physical as well as a wanton disregard for the law, human decency and respect! It is the location of a vile holocaust inflicted on it's male students from grades 4 through 12.
Wednesday, May 30, 2012
sad pathetic fascist loser...
He's also asian.. so.. just maybe.. could he be the grandchild of paul kellogg after he raped japanese women on guadalcanal? Food for thought!!!
This blogger supports teen liberty...
No longer will we stand by while fascist immoral pigs keep kids captive against their will and indoctrinate them into a culture of militarism and shock torture...
www.heal-online.org
Close St John's Military School NOW!!!!
The facts demand it!
www.heal-online.org
Close St John's Military School NOW!!!!
The facts demand it!
if I disappear..
You should know that Al Ransom, Dale Browning and Max Brooks want me dead aso they can preserve their ability to bully and torture children through proxy!
Please carry on my mission!
Please carry on my mission!
Tuesday, May 29, 2012
Threats and Warnings Dont Scare Me..
Dale you can threaten all you want... you cant hide what you do to kids!
If you went to St Johns Military School..
then you survived instituional torture and abuse! You also deserve compensation from the school for the atrocities commited against you!
St John's suggested new slogan..
St John's Military School.. proudly celebrating 125 years of torture, sexual abuse, physical abuse and demeaning destruction of children's lives.
Monday, May 28, 2012
Poll
Is George Stelljas an eductor or another nazi like assclown who commits violent predatory crimes against children and teens to get off in some twisted fantasy about past delusions of battlefield glory?
Sunday, May 27, 2012
another sadistic clown: major george stelljas
This fraud has serious delusions of his past imaginary battlefield successes and glory:
story of a loser.. an abuser and a sadistic asshole...
COL. PAUL H. KELLOGG, 85. Word has been received from friends in Florida regarding the passing of Col. Paul H. Kellogg, USMC retired, age 85 of Niceville, Fla. His death occurred on Friday, July 19, 2005. Col. Kellogg was born in Towanda on April 20, 1917, the second of three sons of James E. and Ethel A. Kellogg. Paul spent his formative years in the immediate area and graduated from New Albany High School in 1934. He then continued his education doing post graduate work at Towanda High School. Paul’s athletic ability enabled him to acquire a basketball scholarship at the University of Tennessee. Injuries eliminated his playing opportunities and he then transferred to Bloomsburg State Teachers College where he stayed until his final semester at which time he enrolled in the U.S. Naval Aviation Program. Upon completion of the naval aviation program requirements, Paul was selected to join the U.S. Marine Corps Aviation Program. His first assignment as a dive bomber pilot was at Guadalcanal, where he completed many successful missions. Paul suffered serious body burns in a fiery crash and after a lengthy period of hospital treatment returned to Towanda for recuperation and recovery. He then married the former Mary Beahan, a long-time resident of Towanda. Following the convalescent period, Paul returned to active duty at Jacksonville Naval Air Station in Florida. Naval doctors advised Paul that he probably would not be able to continue combat flying, but his determination prevailed and he resumed combat duty during the invasion of the Philippines. Following his World War II duty, Paul next served in the Korean War and the Vietnam hostilities. He flew the F4-U Consair during each of these assignments. Paul also served as a flight instructor on carriers between the above listed tours. Paul flew many missions in SBDs (Douglas Dive Bombers) and F4-U Corsairs (fighters). He was quoted in an interview Oct. 18, 2000 as saying “The SBD was my favorite; a real warrior bird.” Throughout his career Col. Kellogg was awarded many medals. Among these awards were two Distinguished Flying Crosses and six Air Medals. Following his retirement from the USMC Paul moved to Salina, Kan., to undertake a second outstanding career as an instructor and subsequently became the commandant of cadets at St. John’s Military School. Col. Kellogg was preceded in death by his parents; his wife, Mary B. Kellogg and his older brother, Harry H. Kellogg. Surviving are his sons, Paul H. Kellogg Jr., Peter J. Kellogg and Phillip A. Kellogg; a brother, Frederick Kellogg; eight grandchildren and two great-grandchildren. –Towanda Daily Review
MAY HE BURN IN HELL!!!
MAY HE BURN IN HELL!!!
Saturday, May 26, 2012
Is St Johns the Episcopal Church's Catholic Church Scandal?
The answer is YES.. and people with the Kansas diocese need to answer up for it!
St John's is the Auschwitz of private schools...
The leadership at St.John's would make Reinhardt Heydrich and Adolf Eichmann very proud.
With a cast of characters right out of the Nazi leadership..
Ltc Paul Kellogg (burning in hell) would be cast at Heydrich, a sadistic friendless loser who takes out his frustrations that he could no longer murder japanese civilians out on children.
D Dale Browning as Adolf Eichmann, a sad and pathetic man who raided the treasury of Colorado National Bank to invest in his beloved torture school.
LOSERS!
With a cast of characters right out of the Nazi leadership..
Ltc Paul Kellogg (burning in hell) would be cast at Heydrich, a sadistic friendless loser who takes out his frustrations that he could no longer murder japanese civilians out on children.
D Dale Browning as Adolf Eichmann, a sad and pathetic man who raided the treasury of Colorado National Bank to invest in his beloved torture school.
LOSERS!
(CN) - A Kansas military school cannot shield a cellphone video that allegedly shows an adult instructor forcing a distraught student to stand on two broken legs, a federal magistrate judge ruled.
The video has come to light in a lawsuit that claims systematic abuse of students at the St. John's Military School, in Salina, Kan.
Several families claim that their children were physically abused while under the school's supervision, and that school officials knew about or caused the abuse.
Claiming that someone is providing the press with photographs and videos of St. John's students, the school asked the court to issue a protective order.
But U.S. Magistrate Judge Kenneth Gale ruled Thursday that the school cannot support alleged concerns for the privacy of the depicted minors because the Associated Press already distributed a story containing the video.
"This request does not involve the limitation of discovery provided from the defendants to the plaintiffs, and does not even claim that the dissemination is occurring from the plaintiffs," Gale wrote. "In any event, these alleged events are beyond the scope of the present case and not the proper subject of an order by this court. Any unlawful use of images of minors may subject parties or persons unknown to liability, but there are no grounds alleged by defendants sufficient to support an order from this court in this case."
The families suing St. John's claim that the school or its agents have confiscated students' cellphones and deleted "hundreds" of pictures and videos, including some that allegedly depict student abuse.
Though the school generally denied this claim, it noted a "long standing policy regarding cell phones and cell phone usage."
This answer did not impress Gale, who also ruled Thursday that St. John's must stop the alleged activities.
"The seriousness of the allegations in this motion, and the qualified denial by the defense, raise the court's concern sufficiently to justify the imposition of an order," Gale wrote. "(The breach of the duty to preserve evidence would not, for example, be excused by a 'policy' allowing or requiring destruction.) The harm to the plaintiffs of the loss of the described evidence would be substantial, and this order will not impose substantial burdens on the defendants." (Parentheses in original.)
The video has come to light in a lawsuit that claims systematic abuse of students at the St. John's Military School, in Salina, Kan.
Several families claim that their children were physically abused while under the school's supervision, and that school officials knew about or caused the abuse.
Claiming that someone is providing the press with photographs and videos of St. John's students, the school asked the court to issue a protective order.
But U.S. Magistrate Judge Kenneth Gale ruled Thursday that the school cannot support alleged concerns for the privacy of the depicted minors because the Associated Press already distributed a story containing the video.
"This request does not involve the limitation of discovery provided from the defendants to the plaintiffs, and does not even claim that the dissemination is occurring from the plaintiffs," Gale wrote. "In any event, these alleged events are beyond the scope of the present case and not the proper subject of an order by this court. Any unlawful use of images of minors may subject parties or persons unknown to liability, but there are no grounds alleged by defendants sufficient to support an order from this court in this case."
The families suing St. John's claim that the school or its agents have confiscated students' cellphones and deleted "hundreds" of pictures and videos, including some that allegedly depict student abuse.
Though the school generally denied this claim, it noted a "long standing policy regarding cell phones and cell phone usage."
This answer did not impress Gale, who also ruled Thursday that St. John's must stop the alleged activities.
"The seriousness of the allegations in this motion, and the qualified denial by the defense, raise the court's concern sufficiently to justify the imposition of an order," Gale wrote. "(The breach of the duty to preserve evidence would not, for example, be excused by a 'policy' allowing or requiring destruction.) The harm to the plaintiffs of the loss of the described evidence would be substantial, and this order will not impose substantial burdens on the defendants." (Parentheses in original.)
Monday, May 14, 2012
The lawsuit.. its damning.. fuck St John's,it's staff and it's apologists!!!!!
Case No. 12-cv-2132 JWL/KGG
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
COMPLAINT
Plaintiffs, Yolanda Nkemakolam, as parent and next friend of K.N. ("K.N."), Christine Stacy, as parent and next friend of N.S. (N.S.), Patrick Stacy, as parent and next friend of G.S. ("G.S."), and Diane Timm as parent and next friend of H.T. ("H.T.") (all Plaintiffs will collectively be referred to as "Plaintiffs"), for their cause of action against Defendant St. John's Military School ("St. John's"), The Domestic and Foreign Missionary Society of the Protestant Episcopal Church in the United States ("Episcopal Church") and the Episcopal Diocese of Kansas, Inc. ("Kansas Episcopal Church") (collectively the "Episcopal Church Defendants") allege and state as follows:
INTRODUCTION
THE PARTIES
1. Plaintiff K.N. is a resident of the State of Texas and resides at 19003 La Verita, San Antonio, Texas. K.N. is a minor, under the age of 18. Yolanda Nkemakolam is the parent and legal guardian of K.N. During portions of the 2011-2012 school year, K.N. was enrolled as a student at St. John's.
2. Plaintiff N.S. is a resident of the State of Colorado and resides at 1265 Snowberry Lane, Broomfield, Colorado. N.S. is a minor, under the age of 18. Christine Stacy is the parent and legal guardian of N.S. During portions of the 2010-2011 and 2011-2012 school years, N.S. was enrolled as a student at St. John's.
3. Plaintiff G.S. is a resident of the State of Colorado and resides at 1265 Snowberry Lane, Broomfield, Colorado. G.S. is a minor, under the age of 18. Patrick Stacy is the parent and legal guardian of G.S. During portions of the 2011-2012 school year, N.S. was enrolled as a student at St. John's.
4. Plaintiff H.T. is a resident of the State of Illinois and resides at 3814 Berry Court, Crystal Lake, Illinois. H.T. is a minor, under the age of 18. Diane Timm is the parent and legal guardian of H.T. During portions of the 2011-2012 school year, H.T. was enrolled as a student at St. John's.
5. Defendant St. John's is a Kansas corporation with its principal place of business at 110 East Otis Avenue, Salina, Kansas 67401. The registered agent for service of process is St. John's Military School, 1300 North Santa Fe Avenue, Salina, Kansas 67401.
6. Defendant the Episcopal Church is a not-for-profit New York corporation. The registered agent for service of process is The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801
7. Defendant the Kansas Episcopal Church is a Kansas not for profit organization with its principal place of business at 835 SW Polk, Topeka, Kansas 66612. The registered agent for service of process on The Episcopal Diocese of Kansas, Inc. is Dean E. Wolfe, 835 SW Polk Street Bethany Place, Topeka, KS 66612.
JURISDICTION AND VENUE
8. Jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1332 as the matter in controversy exceeds the sum of $75,000 and the parties are citizens of different states.
9. Venue is proper pursuant to 28 U.S.C. § 1391 as Defendant St. John's is a resident of this district. Furthermore, a substantial part of the events giving rise to the claims brought in this action took place in this judicial district.
FACTS COMMON TO ALL COUNTS
10. St. John's is a residential boarding school located in Salina, Kansas.
11. St. John's houses and allegedly educates students from grades 6 through 12.
12. St. John's provides housing for its students on its premises.
13. As a residential boarding school for minors, St. John's stands in the position of parents and guardians of students in attendance. As a result, St. John's has a special "duty" to protect students and to regulate and monitor the behavior of all students.
14. St. John's represents itself as a military school and at the same time it is affiliated with the Episcopal Church Defendants and a member of the National Association of Episcopal Schools.
15. St. John's was founded by the Episcopal Bishop Elisha Smith Thomas. It has an episcopal chapel on campus and an Episcopal Chaplain lives on campus. All students attend Sunday morning services as well as Wednesday night services.
16. The Chaplain leads the Chapel Council, a group of students that participate in the liturgical worship of the Episcopal Church. The Episcopal Chaplain also teaches an ethics class and counsels students at St. John's.
17. Through the intricate association with St. John's, the Episcopal Church Defendants are aware of and condone St. John's and its practices.
18. St. John's markets itself throughout the country and, in fact, runs television advertisements in the Denver, Colorado area.
19. On its website, St. John's boasts it was founded in 1887 and, for over 120 years, the school has been dedicated to the development of young men while maintaining a principal objective to help ensure that children's future lives are filled with success, happiness, and personal fulfillment.
20. St. John's explains its principal objective is achieved through a rigorous academic environment complemented by a structured campus life, promoting the development of personal qualities such as personal grace, confidence, respect, high moral character, and leadership that will be indispensable to its students in their future years.
21. In order to attend St. John's, parents are required to sign a contract with the school which mandates payment of $29,500 per year. The contracted amount is non-refundable regardless of dismissal for cause or voluntary withdrawal.
22. Although not, in fact, the military, St. John's represents that it "educates" children through a structured military routine.
23. When children are initially enrolled in St. John's, they begin a six week process known as "New Boy" training. During this process, children are not permitted to talk to anyone and are subjected to significant Physical Training ("P.T.").
24. After graduating from New Boy, each child is placed into a "company" where they typically reside for the remainder of the school year.
25. St. John's "structured teaching model" grants students at senior levels (the "Disciplinarians") the authority to discipline New Boys and other low ranking students (the "Younger Boys").
26. Through this model, St. John's hands over to adolescent students the school's obligation to act as parent to each child enrolled at the institution. These Disciplinarians abuse that power and take their authority beyond any reasonable limits while putting the Younger Boys in constant fear of physical and mental harm.
27. Because St. John's grants its Disciplinarians the authority to discipline the Younger Boys, it should have heightened security and increased personnel to monitor all activities and protect its children. Yet, in practice, it does quite the opposite.
28. St. John's students live in dormitories that even its former president called "a terrible place." The dormitories significantly lack monitoring in the form of personnel and cameras. At most, only one adult supervisor remains in the dormitory overnight to monitor the student activities.
29. By housing students in facilities with minor supervision, St. John's grants its Disciplinarians carte blanche to do what they wish and inflict harm upon the Younger Boys.
30. St. John's is on notice that abuse occurs throughout the school and has instigated arbitrary and capricious measures to create a false representation that it makes an effort to protect its students.
31. One of those measures is a bruise check system, a routine where the students are checked for bruises by St. John's staff on a weekly basis. The checks are arbitrary because they take place on the same day each week. If a bruise is found, essentially any excuse for its creation is accepted and, of course, any children that fear the threat of retribution will not inform the school of the individual that abused them.
32. Although St. John's requests that students inform school personnel if beatings occur, it subsequently tells the Disciplinarians which individual reported the beatings. It is commonly known throughout the school that if a student reports any beatings, he will suffer significant retribution.
33. Similarly, if a parent contacts the school to discuss concerns regarding physical abuse, the staff will discuss the concerns with the Disciplinarians responsible for caring for the lesser ranked students, a practice which results in additional abuse.
34. In short, St. John's accepts almost $30,000 per student, hands over its obligations to the Disciplinarians, and turns a blind eye to abuse and ignores cries for help from the Younger Boys.
35. St. John's allowance of student discipline has resulted in physical harm to its students in the forms of:
36. Since the Spring of 2006, St. John's has settled NINE (9) lawsuits related to abuse of its students.
37. St. John's knew or should have known, through the numerous lawsuits stemming from physical abuse it settled, that the Disciplinarians have acted and continued to act in a manner that is physically injurious to others.
38. St. John's knew or should have known, through the numerous lawsuits stemming from physical abuse it settled, that Plaintiffs would be forced into contact with students who tended to act in a manner that was physically injurious to others.
39. St. John's knew or should have known, through numerous reports of physical abuse from its students and their parents, that the Disciplinarians are acting in a manner that is physically injurious to others.
40. St. John's knew or should have known, through numerous reports of physical abuse from its students and their parents, that Plaintiffs would be forced into contact with students who tended to act in a manner that was physically injurious to others.
K.N.
41. K.N. attended St. John's during the Spring semester of 2011.
42. While attending St. John's, K.N. was subjected to significant physical and mental abuse including the following:
43. During his stay at St. John's, K.N. told his parents of the conditions and abuse. K.N.'s parents contacted the school on multiple occasions to discuss the situation.
44. Every time the issues were presented to the school, the school informed K.N.'s parents that he was doing just fine and he was making up stories in hopes of leaving the school.
45. On multiple occasions, K.N.'s parents contacted Sgt.Maj. Jerry Nichols, the Director of Cadet Life. Each time, Nichols informed K.N.'s parents that everything was fine with K.N. and he was making up stories. On the final phone call to Nichols prior to Thanksgiving break, Mr. Nichols became upset and exclaimed "it pisses me off that he is bothering you guys like this!"
46. In December, K.N. approached the school president to inform him of the abuse he was suffering to which the president inquired whether K.N. suffered from a mental problem.
47. Since leaving St. John's, K.N. has suffered from an inability to sleep as a result of constant nightmares and has been diagnosed with Post-Traumatic Stress Disorder ("PTSD") as a result of the abuse he suffered while attending St. John's.
48. In order to function, K.N. must take medication.
49. K.N. incurred and continues to incur medical expenses as a result of the abuse.
50. Additionally, because St. John's has refused to release K.N.'s transcripts, K.N. will be forced to redo the 11th grade starting in the Fall of 2012.
N.S.
51. N.S. attended St. John's during the 2010-11 school year and returned for the 2011-12 year, but was ultimately dismissed in January of 2012.
52. N.S.'s life was threatened by another student on the first day he arrived at St. John's.
53. While at St. John's, N.S. was the victim of multiple beatings at the hands of certain students.
54. N.S. was physically beaten for things such as leaving his room during study hall or for having tobacco in his room.
55. The beatings came in the form of violent blows to the head or punches to the body in order to avoid areas that could be seen during a bruise check.
56. While attending St. John's, N.S. witnessed children attempt to commit suicide and, on one occasion, an attempted rape.
57. N.S. reported the situation to his parents but requested his parents not contact the school because it was common knowledge that if someone reported something, the student would be beaten worse the next time.
G.S.
58. G.S. attended St. John's for the Fall semester of 2011 and returned for just a short period in the Winter of 2012 before being dismissed.
59. While at St. John's, G.S. witnessed beatings take place on daily basis.
60. While at St. John's, G.S. was forced at any hours of the day to participate in PT to the point of vomiting.
61. After deciding he did not want to stay at St. John's any longer, G.S., along with another student, left the school and attempted to hitch-hike back to Colorado.
62. Upon realizing the students' absence, the Commandant of the school organized students in the Advanced Military Skills ("AMS") group, put them on a bus and searched for G.S.
63. G.S. was found on the highway. Upon being found, G.S. was beaten by the students. When G.S was placed on the bus, other students put his hood over his head and repeatedly slammed his head into the seat in front of him.
64. The Commandant who was driving the bus witnessed the beating, allowed the beating to occur, and refused to intervene.
65. Upon exiting the bus, G.S. was told by the Commandant that he did not see anything. Subsequently, G.S.'s backpack was dumped out, water was poured upon him, his shoes were tied together and he was forced to stand at attention for an hour.
66. G.S.'s experience at St. John's has had a traumatic affect upon him.
H.T.
67. H.T. attended St. John's from October 2011 through December 2011.
68. While attending St. John's, H.T was the victim of multiple beatings and suffered from extreme abuse.
69. Rather than being granted the right to eat, on many occasions H.T. was pulled out of meal time to participate in strenuous PT to the point of vomiting or absolute exhaustion.
70. When H.T. returned home for Thanksgiving, he had visible bruises upon his face.
71. The bruises were a result of an incident where several students entered H.T.'s room with the intent to lock him into a locker.
72. Rather than getting locked in the locker, H.T. defended himself and, as a result, was significantly beaten by the students.
73. In a separate incident occurring on the evening of December 8, 2011, H.T. was in his room when a senior ranking student entered.
74. While H.T. was standing at parade rest (hands behind his back), the senior ranking student began interrogating H.T. about a bag of laundry. Within seconds, the student took H.T.'s head and slammed it against his knee.
75. Rather than receiving proper medical attention at the time, St. John's staff did nothing more than contact H.T.'s parents to represent H.T. "had been in a fight" and that he would go to the nurse's office in the morning.
76. When his injuries were finally addressed the next morning, H.T. was sent to the hospital because he suffered a fractured orbital socket as a result of the knee to the head. Prior to flying home for the holidays, H.T. was forced to see an eye specialist due to an increased risk of pressure in his eye potentially resulting in permanent vision loss.
77. Even though physical violence is grounds for expulsion at St. John's, the student that broke H.T.'s orbital socket was not expelled.
78. Well prior to December 8, 2011, H.T.'s parents had contacted the school with concerns regarding abuse.
79. On October 17, 2011, H.T.'s parents contacted Sgt. Maj. Jerry Nichols to discuss the things they had heard from H.T. and observed at parent's weekend. The response was that it was common for boys to tell stories to make their parents feel sorry for them and he represented that St. John's does not condone such physical beatings. Nichols represented he would look into the issue, but never contacted the parents again.
80. H.T. incurred and continues to incur medical expenses as a result of the abuse.
COUNT I
NEGLIGENT SUPERVISION BY ST. JOHN'S
81. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 80 above and make the same a part hereof as if fully set forth herein.
82. St. John's acts in loco parentis with respect to its students. As such, St. John's had a duty to control the conduct of the students who physically harmed Plaintiffs so as to prevent them from doing such harm and to protect Plaintiffs against unreasonable risks of harm.
83. In failing to properly supervise and/or otherwise control the conduct of its students, St. John's breached its duty.
84. St. John's breach of its duty to control the conduct of its students was the cause-in-fact and proximate cause of Plaintiffs' injuries.
85. Plaintiffs suffered damages as a result of St. John's negligence.
86. St. John's is therefore liable for Plaintiffs' damages.
WHEREFORE, Plaintiffs respectfully request the court enter judgment in their favor against St John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; that the Court grant punitive damages against St. John's; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT II
NEGLIGENT SUPERVISION BY THE EPISCOPAL CHURCH DEFENDANTS
87. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 86 above and make the same a part hereof as if fully set forth herein.
88. The Episcopal Church Defendants, the very entity that created the school, have a physical presence at St. John's through the presence of a Chaplain and a chapel, yet they make no effort to supervise and protect the students.
89. By being present and representing their influence over the institution on St. John's web site and through media and other sources the Episcopal Church Defendants know of their duty to control and supervise St. John's.
90. By intentionally failing to supervise and/or otherwise control the conduct of St. John's, the Episcopal Church Defendants breached their duty.
91. Plaintiffs suffered damages as a result of the failure to supervise.
92. The Episcopal Church Defendants are therefore liable for Plaintiffs' damages.
WHEREFORE, Plaintiffs respectfully request the court enter judgment in their favor against the Episcopal Church Defendants in an amount in excess of $75,000.00; that the costs of this action be assessed against Episcopal Church Defendants; for punitive damages; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT III
INTENTIONAL FAILURE TO SUPERVISE
93. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 92 above and make the same a part hereof as if fully set forth herein.
94. St. John's acts in loco parentis with respect to its students. As such, St. John's had a duty to control the conduct of the students who physically harmed Plaintiffs so as to prevent them from doing such harm and to protect Plaintiffs against unreasonable risks of harm.
95. St. John's knew of its duty to control its students and was aware of the dangerous propensities of some of its students.
96. By intentionally failing to supervise and/or otherwise control the conduct of its students, St. John's nurtures and promotes the violent atmosphere and as such breached its duty.
97. Plaintiffs suffered damages as a result of St. John's failure to supervise its students.
98. St. John's is therefore liable for Plaintiffs' damages.
WHEREFORE, Plaintiffs respectfully request the court enter judgment in their favor against St. John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; for punitive damages; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT IV
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS or OUTRAGE
99. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 98 above and make the same a part hereof as if fully set forth herein.
100. St. John's through its conduct acted intentionally or with reckless disregard of the possibility of causing emotional distress to Plaintiffs by placing Plaintiffs in close proximity with persons in its custody whom it knew acted in a manner that was physically injurious to others, and further by failing to supervise or control the conduct of those persons.
101. St. John's conduct as outlined in the paragraphs above was also extreme and outrageous.
102. St. John's conduct was the cause-in-fact and proximate cause of Plaintiffs' emotional distress.
103. As a result of St. John's conduct, Plaintiffs suffered severe and extreme emotional distress.
104. Therefore, St. John's committed the tort of Intentional Infliction of Emotional Distress against Plaintiffs, and is liable to Plaintiffs for compensatory as well as punitive damages.
WHEREFORE, Plaintiffs respectfully requests the court enter judgment in their favor against St. John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; for punitive damages; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT V
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
105. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 104 above and make the same a part hereof as if fully set forth herein.
106. St. John's acts in loco parentis with respect to its students. As such, St. John's had a duty to control the conduct of the students who physically harmed Plaintiffs so as to prevent them from doing such harm and to protect Plaintiffs against unreasonable risks of harm.
107. In failing to properly supervise and/or otherwise control the conduct of its students, St. John's breached its duty.
108. St. John's through its conduct and omission acted with disregard of the possibility of causing emotional distress to Plaintiffs by placing Plaintiffs in close proximity with persons in its custody whom it knew acted in a manner that was physically injurious to others, and further by failing to supervise or control the conduct of those persons.
109. St. John's conduct as outlined in the paragraphs above was also extreme and outrageous.
110. St. John's conduct was the cause-in-fact and proximate cause of Plaintiffs' emotional distress.
111. As a result of St. John's conduct, Plaintiffs suffered severe and extreme emotional distress.
112. Therefore, St. John's committed the tort of Negligent Infliction of Emotional Distress against Plaintiffs, and is liable to Plaintiffs for compensatory as well as punitive damages.
WHEREFORE, Plaintiffs respectfully requests the court enter judgment in their favor against St. John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; for punitive damages; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT VI
BREACH OF FIDUCIARY DUTY
113. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 112 above and make the same a part hereof as if fully set forth herein.
114. As a boarding school St. John's has a duty to act in loco parentis to its students, giving rise to a fiduciary duty.
115. By failing to supervise its students and allowing Plaintiffs to be beaten, St. John's breached its duty to Plaintiffs.
116. St. John's breach of its duty to supervise and control the conduct of its students was the cause-in-fact and proximate cause of Plaintiffs' injuries.
117. Plaintiffs suffered damages as a result of St. John's breach.
WHEREFORE, Plaintiffs respectfully requests the court enter judgment in their favor against St. John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT VII
CIVIL CONSPIRACY OF ASSAULT AND BATTERY
118. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 117 above and make the same a part hereof as if fully set forth herein.
119. St. John's acts in loco parentis with respect to its students. As such, St. John's had a duty to control the conduct of the students who physically harmed Plaintiffs so as to prevent them from doing such harm and to protect Plaintiffs against unreasonable risks of harm.
120. The Discipliners were entrusted by St. John's with the duty of physically training and disciplining the Younger Boys, including the Plaintiffs.
121. The Discipliners, at the direction and, in at least one instance, under the observation of St. John's and its employees, attempted and succeeded in causing physical contact with Plaintiffs.
122. The Discipliners, at the direction and, in at least one instance, under the observation of St. John's and its employees, attempted and succeeded in causing the immediate apprehension of physical contact in Plaintiffs.
123. The attempts to physically injure and physical contact with Plaintiffs were unlawful and unjustified.
124. As a result of such attempts, Plaintiffs sustained injuries.
125. The Discipliners, at the direction and, in at least one instance, under the observation of St. John's and its employees, committed assault and battery upon Plaintiffs.
126. St. John's did wrongfully conspire with certain students to commit assault and battery upon Plaintiffs.
127. St. John's conspiracy was the cause-in-fact and proximate cause of Plaintiffs' injuries.
128. Plaintiffs suffered damages as a result of the conspiracy.
WHEREFORE, Plaintiffs respectfully requests the court enter judgment in their favor against St. John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
JURY DEMAND
Plaintiffs, request a jury trial on all issues so capable of being tried as they are entitled pursuant to their Seventh Amendment Constitutional rights.
DESIGNATION OF PLACE OF TRIAL
Plaintiffs hereby designate Kansas City, Kansas as the place of trial in this case.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
- YOLANDA NKEMAKOLAM, as Parent and Next Friend of K.N., and
CHRISTINE STACY, as Parent and Next Friend of N.S., and
PATRICK STACY, as Parent and Next Friend of G.S., and
DIANE TIMM, as Parent and Next Friend of H.T., and
JOHN DOES 1-50,
- Plaintiffs,
- [SERVE: St John's Military School
Resident Agent
1300 N. Santa Fe
Salina,KS 67401],
- [SERVE: The Corporation Trust Company Corporation Trust Center
1029 Orange Street Wilmington, DE 19801],
- [SERVE: Dean E. Wolfe
835 SW Polk St., Bethany Place
Topeka, KS 66612]
- Defendants.
COMPLAINT
Plaintiffs, Yolanda Nkemakolam, as parent and next friend of K.N. ("K.N."), Christine Stacy, as parent and next friend of N.S. (N.S.), Patrick Stacy, as parent and next friend of G.S. ("G.S."), and Diane Timm as parent and next friend of H.T. ("H.T.") (all Plaintiffs will collectively be referred to as "Plaintiffs"), for their cause of action against Defendant St. John's Military School ("St. John's"), The Domestic and Foreign Missionary Society of the Protestant Episcopal Church in the United States ("Episcopal Church") and the Episcopal Diocese of Kansas, Inc. ("Kansas Episcopal Church") (collectively the "Episcopal Church Defendants") allege and state as follows:
INTRODUCTION
- 'Train a child in the way he should go, and when he is old he will not turn from it."
- —Proverbs-Ch. 22:6
- —George Washington
- —U.S. Marine Corp. mantra
THE PARTIES
1. Plaintiff K.N. is a resident of the State of Texas and resides at 19003 La Verita, San Antonio, Texas. K.N. is a minor, under the age of 18. Yolanda Nkemakolam is the parent and legal guardian of K.N. During portions of the 2011-2012 school year, K.N. was enrolled as a student at St. John's.
2. Plaintiff N.S. is a resident of the State of Colorado and resides at 1265 Snowberry Lane, Broomfield, Colorado. N.S. is a minor, under the age of 18. Christine Stacy is the parent and legal guardian of N.S. During portions of the 2010-2011 and 2011-2012 school years, N.S. was enrolled as a student at St. John's.
3. Plaintiff G.S. is a resident of the State of Colorado and resides at 1265 Snowberry Lane, Broomfield, Colorado. G.S. is a minor, under the age of 18. Patrick Stacy is the parent and legal guardian of G.S. During portions of the 2011-2012 school year, N.S. was enrolled as a student at St. John's.
4. Plaintiff H.T. is a resident of the State of Illinois and resides at 3814 Berry Court, Crystal Lake, Illinois. H.T. is a minor, under the age of 18. Diane Timm is the parent and legal guardian of H.T. During portions of the 2011-2012 school year, H.T. was enrolled as a student at St. John's.
5. Defendant St. John's is a Kansas corporation with its principal place of business at 110 East Otis Avenue, Salina, Kansas 67401. The registered agent for service of process is St. John's Military School, 1300 North Santa Fe Avenue, Salina, Kansas 67401.
6. Defendant the Episcopal Church is a not-for-profit New York corporation. The registered agent for service of process is The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801
7. Defendant the Kansas Episcopal Church is a Kansas not for profit organization with its principal place of business at 835 SW Polk, Topeka, Kansas 66612. The registered agent for service of process on The Episcopal Diocese of Kansas, Inc. is Dean E. Wolfe, 835 SW Polk Street Bethany Place, Topeka, KS 66612.
JURISDICTION AND VENUE
8. Jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1332 as the matter in controversy exceeds the sum of $75,000 and the parties are citizens of different states.
9. Venue is proper pursuant to 28 U.S.C. § 1391 as Defendant St. John's is a resident of this district. Furthermore, a substantial part of the events giving rise to the claims brought in this action took place in this judicial district.
FACTS COMMON TO ALL COUNTS
10. St. John's is a residential boarding school located in Salina, Kansas.
11. St. John's houses and allegedly educates students from grades 6 through 12.
12. St. John's provides housing for its students on its premises.
13. As a residential boarding school for minors, St. John's stands in the position of parents and guardians of students in attendance. As a result, St. John's has a special "duty" to protect students and to regulate and monitor the behavior of all students.
14. St. John's represents itself as a military school and at the same time it is affiliated with the Episcopal Church Defendants and a member of the National Association of Episcopal Schools.
15. St. John's was founded by the Episcopal Bishop Elisha Smith Thomas. It has an episcopal chapel on campus and an Episcopal Chaplain lives on campus. All students attend Sunday morning services as well as Wednesday night services.
16. The Chaplain leads the Chapel Council, a group of students that participate in the liturgical worship of the Episcopal Church. The Episcopal Chaplain also teaches an ethics class and counsels students at St. John's.
17. Through the intricate association with St. John's, the Episcopal Church Defendants are aware of and condone St. John's and its practices.
18. St. John's markets itself throughout the country and, in fact, runs television advertisements in the Denver, Colorado area.
19. On its website, St. John's boasts it was founded in 1887 and, for over 120 years, the school has been dedicated to the development of young men while maintaining a principal objective to help ensure that children's future lives are filled with success, happiness, and personal fulfillment.
20. St. John's explains its principal objective is achieved through a rigorous academic environment complemented by a structured campus life, promoting the development of personal qualities such as personal grace, confidence, respect, high moral character, and leadership that will be indispensable to its students in their future years.
21. In order to attend St. John's, parents are required to sign a contract with the school which mandates payment of $29,500 per year. The contracted amount is non-refundable regardless of dismissal for cause or voluntary withdrawal.
22. Although not, in fact, the military, St. John's represents that it "educates" children through a structured military routine.
23. When children are initially enrolled in St. John's, they begin a six week process known as "New Boy" training. During this process, children are not permitted to talk to anyone and are subjected to significant Physical Training ("P.T.").
24. After graduating from New Boy, each child is placed into a "company" where they typically reside for the remainder of the school year.
25. St. John's "structured teaching model" grants students at senior levels (the "Disciplinarians") the authority to discipline New Boys and other low ranking students (the "Younger Boys").
26. Through this model, St. John's hands over to adolescent students the school's obligation to act as parent to each child enrolled at the institution. These Disciplinarians abuse that power and take their authority beyond any reasonable limits while putting the Younger Boys in constant fear of physical and mental harm.
27. Because St. John's grants its Disciplinarians the authority to discipline the Younger Boys, it should have heightened security and increased personnel to monitor all activities and protect its children. Yet, in practice, it does quite the opposite.
28. St. John's students live in dormitories that even its former president called "a terrible place." The dormitories significantly lack monitoring in the form of personnel and cameras. At most, only one adult supervisor remains in the dormitory overnight to monitor the student activities.
29. By housing students in facilities with minor supervision, St. John's grants its Disciplinarians carte blanche to do what they wish and inflict harm upon the Younger Boys.
30. St. John's is on notice that abuse occurs throughout the school and has instigated arbitrary and capricious measures to create a false representation that it makes an effort to protect its students.
31. One of those measures is a bruise check system, a routine where the students are checked for bruises by St. John's staff on a weekly basis. The checks are arbitrary because they take place on the same day each week. If a bruise is found, essentially any excuse for its creation is accepted and, of course, any children that fear the threat of retribution will not inform the school of the individual that abused them.
32. Although St. John's requests that students inform school personnel if beatings occur, it subsequently tells the Disciplinarians which individual reported the beatings. It is commonly known throughout the school that if a student reports any beatings, he will suffer significant retribution.
33. Similarly, if a parent contacts the school to discuss concerns regarding physical abuse, the staff will discuss the concerns with the Disciplinarians responsible for caring for the lesser ranked students, a practice which results in additional abuse.
34. In short, St. John's accepts almost $30,000 per student, hands over its obligations to the Disciplinarians, and turns a blind eye to abuse and ignores cries for help from the Younger Boys.
35. St. John's allowance of student discipline has resulted in physical harm to its students in the forms of:
- (a) Vomiting and physical exhaustion as a result of too much PT;
(b) Branding;
(c) Saber swatting;
(d) Initiation rituals that include physical beatings with locks, soap and fists; and
(e) Other physical and mental abuse.
36. Since the Spring of 2006, St. John's has settled NINE (9) lawsuits related to abuse of its students.
37. St. John's knew or should have known, through the numerous lawsuits stemming from physical abuse it settled, that the Disciplinarians have acted and continued to act in a manner that is physically injurious to others.
38. St. John's knew or should have known, through the numerous lawsuits stemming from physical abuse it settled, that Plaintiffs would be forced into contact with students who tended to act in a manner that was physically injurious to others.
39. St. John's knew or should have known, through numerous reports of physical abuse from its students and their parents, that the Disciplinarians are acting in a manner that is physically injurious to others.
40. St. John's knew or should have known, through numerous reports of physical abuse from its students and their parents, that Plaintiffs would be forced into contact with students who tended to act in a manner that was physically injurious to others.
K.N.
41. K.N. attended St. John's during the Spring semester of 2011.
42. While attending St. John's, K.N. was subjected to significant physical and mental abuse including the following:
- (a) In one incident, K.N. was bound, gagged and beaten by multiple students. The students took pictures of the event and posted them to Facebook.
(b) K.N. was randomly assaulted by multiple students for inconsequential reasons.
(c) K.N. was pushed around, locked into a locker, and left in it for over 30 minutes.
(d) K.N. was forced to get into his uniform, roll around in mud and then discard all of his clothes.
(e) K.N. was urinated on by other students while in the shower.
(f) K.N. was bullied into purchasing food for other students and was afraid to sleep at night for fear that other students would steal his personal belongings or demand he awake to perform PT.
43. During his stay at St. John's, K.N. told his parents of the conditions and abuse. K.N.'s parents contacted the school on multiple occasions to discuss the situation.
44. Every time the issues were presented to the school, the school informed K.N.'s parents that he was doing just fine and he was making up stories in hopes of leaving the school.
45. On multiple occasions, K.N.'s parents contacted Sgt.Maj. Jerry Nichols, the Director of Cadet Life. Each time, Nichols informed K.N.'s parents that everything was fine with K.N. and he was making up stories. On the final phone call to Nichols prior to Thanksgiving break, Mr. Nichols became upset and exclaimed "it pisses me off that he is bothering you guys like this!"
46. In December, K.N. approached the school president to inform him of the abuse he was suffering to which the president inquired whether K.N. suffered from a mental problem.
47. Since leaving St. John's, K.N. has suffered from an inability to sleep as a result of constant nightmares and has been diagnosed with Post-Traumatic Stress Disorder ("PTSD") as a result of the abuse he suffered while attending St. John's.
48. In order to function, K.N. must take medication.
49. K.N. incurred and continues to incur medical expenses as a result of the abuse.
50. Additionally, because St. John's has refused to release K.N.'s transcripts, K.N. will be forced to redo the 11th grade starting in the Fall of 2012.
N.S.
51. N.S. attended St. John's during the 2010-11 school year and returned for the 2011-12 year, but was ultimately dismissed in January of 2012.
52. N.S.'s life was threatened by another student on the first day he arrived at St. John's.
53. While at St. John's, N.S. was the victim of multiple beatings at the hands of certain students.
54. N.S. was physically beaten for things such as leaving his room during study hall or for having tobacco in his room.
55. The beatings came in the form of violent blows to the head or punches to the body in order to avoid areas that could be seen during a bruise check.
56. While attending St. John's, N.S. witnessed children attempt to commit suicide and, on one occasion, an attempted rape.
57. N.S. reported the situation to his parents but requested his parents not contact the school because it was common knowledge that if someone reported something, the student would be beaten worse the next time.
G.S.
58. G.S. attended St. John's for the Fall semester of 2011 and returned for just a short period in the Winter of 2012 before being dismissed.
59. While at St. John's, G.S. witnessed beatings take place on daily basis.
60. While at St. John's, G.S. was forced at any hours of the day to participate in PT to the point of vomiting.
61. After deciding he did not want to stay at St. John's any longer, G.S., along with another student, left the school and attempted to hitch-hike back to Colorado.
62. Upon realizing the students' absence, the Commandant of the school organized students in the Advanced Military Skills ("AMS") group, put them on a bus and searched for G.S.
63. G.S. was found on the highway. Upon being found, G.S. was beaten by the students. When G.S was placed on the bus, other students put his hood over his head and repeatedly slammed his head into the seat in front of him.
64. The Commandant who was driving the bus witnessed the beating, allowed the beating to occur, and refused to intervene.
65. Upon exiting the bus, G.S. was told by the Commandant that he did not see anything. Subsequently, G.S.'s backpack was dumped out, water was poured upon him, his shoes were tied together and he was forced to stand at attention for an hour.
66. G.S.'s experience at St. John's has had a traumatic affect upon him.
H.T.
67. H.T. attended St. John's from October 2011 through December 2011.
68. While attending St. John's, H.T was the victim of multiple beatings and suffered from extreme abuse.
69. Rather than being granted the right to eat, on many occasions H.T. was pulled out of meal time to participate in strenuous PT to the point of vomiting or absolute exhaustion.
70. When H.T. returned home for Thanksgiving, he had visible bruises upon his face.
71. The bruises were a result of an incident where several students entered H.T.'s room with the intent to lock him into a locker.
72. Rather than getting locked in the locker, H.T. defended himself and, as a result, was significantly beaten by the students.
73. In a separate incident occurring on the evening of December 8, 2011, H.T. was in his room when a senior ranking student entered.
74. While H.T. was standing at parade rest (hands behind his back), the senior ranking student began interrogating H.T. about a bag of laundry. Within seconds, the student took H.T.'s head and slammed it against his knee.
75. Rather than receiving proper medical attention at the time, St. John's staff did nothing more than contact H.T.'s parents to represent H.T. "had been in a fight" and that he would go to the nurse's office in the morning.
76. When his injuries were finally addressed the next morning, H.T. was sent to the hospital because he suffered a fractured orbital socket as a result of the knee to the head. Prior to flying home for the holidays, H.T. was forced to see an eye specialist due to an increased risk of pressure in his eye potentially resulting in permanent vision loss.
77. Even though physical violence is grounds for expulsion at St. John's, the student that broke H.T.'s orbital socket was not expelled.
78. Well prior to December 8, 2011, H.T.'s parents had contacted the school with concerns regarding abuse.
79. On October 17, 2011, H.T.'s parents contacted Sgt. Maj. Jerry Nichols to discuss the things they had heard from H.T. and observed at parent's weekend. The response was that it was common for boys to tell stories to make their parents feel sorry for them and he represented that St. John's does not condone such physical beatings. Nichols represented he would look into the issue, but never contacted the parents again.
80. H.T. incurred and continues to incur medical expenses as a result of the abuse.
COUNT I
NEGLIGENT SUPERVISION BY ST. JOHN'S
81. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 80 above and make the same a part hereof as if fully set forth herein.
82. St. John's acts in loco parentis with respect to its students. As such, St. John's had a duty to control the conduct of the students who physically harmed Plaintiffs so as to prevent them from doing such harm and to protect Plaintiffs against unreasonable risks of harm.
83. In failing to properly supervise and/or otherwise control the conduct of its students, St. John's breached its duty.
84. St. John's breach of its duty to control the conduct of its students was the cause-in-fact and proximate cause of Plaintiffs' injuries.
85. Plaintiffs suffered damages as a result of St. John's negligence.
86. St. John's is therefore liable for Plaintiffs' damages.
WHEREFORE, Plaintiffs respectfully request the court enter judgment in their favor against St John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; that the Court grant punitive damages against St. John's; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT II
NEGLIGENT SUPERVISION BY THE EPISCOPAL CHURCH DEFENDANTS
87. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 86 above and make the same a part hereof as if fully set forth herein.
88. The Episcopal Church Defendants, the very entity that created the school, have a physical presence at St. John's through the presence of a Chaplain and a chapel, yet they make no effort to supervise and protect the students.
89. By being present and representing their influence over the institution on St. John's web site and through media and other sources the Episcopal Church Defendants know of their duty to control and supervise St. John's.
90. By intentionally failing to supervise and/or otherwise control the conduct of St. John's, the Episcopal Church Defendants breached their duty.
91. Plaintiffs suffered damages as a result of the failure to supervise.
92. The Episcopal Church Defendants are therefore liable for Plaintiffs' damages.
WHEREFORE, Plaintiffs respectfully request the court enter judgment in their favor against the Episcopal Church Defendants in an amount in excess of $75,000.00; that the costs of this action be assessed against Episcopal Church Defendants; for punitive damages; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT III
INTENTIONAL FAILURE TO SUPERVISE
93. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 92 above and make the same a part hereof as if fully set forth herein.
94. St. John's acts in loco parentis with respect to its students. As such, St. John's had a duty to control the conduct of the students who physically harmed Plaintiffs so as to prevent them from doing such harm and to protect Plaintiffs against unreasonable risks of harm.
95. St. John's knew of its duty to control its students and was aware of the dangerous propensities of some of its students.
96. By intentionally failing to supervise and/or otherwise control the conduct of its students, St. John's nurtures and promotes the violent atmosphere and as such breached its duty.
97. Plaintiffs suffered damages as a result of St. John's failure to supervise its students.
98. St. John's is therefore liable for Plaintiffs' damages.
WHEREFORE, Plaintiffs respectfully request the court enter judgment in their favor against St. John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; for punitive damages; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT IV
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS or OUTRAGE
99. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 98 above and make the same a part hereof as if fully set forth herein.
100. St. John's through its conduct acted intentionally or with reckless disregard of the possibility of causing emotional distress to Plaintiffs by placing Plaintiffs in close proximity with persons in its custody whom it knew acted in a manner that was physically injurious to others, and further by failing to supervise or control the conduct of those persons.
101. St. John's conduct as outlined in the paragraphs above was also extreme and outrageous.
102. St. John's conduct was the cause-in-fact and proximate cause of Plaintiffs' emotional distress.
103. As a result of St. John's conduct, Plaintiffs suffered severe and extreme emotional distress.
104. Therefore, St. John's committed the tort of Intentional Infliction of Emotional Distress against Plaintiffs, and is liable to Plaintiffs for compensatory as well as punitive damages.
WHEREFORE, Plaintiffs respectfully requests the court enter judgment in their favor against St. John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; for punitive damages; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT V
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
105. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 104 above and make the same a part hereof as if fully set forth herein.
106. St. John's acts in loco parentis with respect to its students. As such, St. John's had a duty to control the conduct of the students who physically harmed Plaintiffs so as to prevent them from doing such harm and to protect Plaintiffs against unreasonable risks of harm.
107. In failing to properly supervise and/or otherwise control the conduct of its students, St. John's breached its duty.
108. St. John's through its conduct and omission acted with disregard of the possibility of causing emotional distress to Plaintiffs by placing Plaintiffs in close proximity with persons in its custody whom it knew acted in a manner that was physically injurious to others, and further by failing to supervise or control the conduct of those persons.
109. St. John's conduct as outlined in the paragraphs above was also extreme and outrageous.
110. St. John's conduct was the cause-in-fact and proximate cause of Plaintiffs' emotional distress.
111. As a result of St. John's conduct, Plaintiffs suffered severe and extreme emotional distress.
112. Therefore, St. John's committed the tort of Negligent Infliction of Emotional Distress against Plaintiffs, and is liable to Plaintiffs for compensatory as well as punitive damages.
WHEREFORE, Plaintiffs respectfully requests the court enter judgment in their favor against St. John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; for punitive damages; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT VI
BREACH OF FIDUCIARY DUTY
113. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 112 above and make the same a part hereof as if fully set forth herein.
114. As a boarding school St. John's has a duty to act in loco parentis to its students, giving rise to a fiduciary duty.
115. By failing to supervise its students and allowing Plaintiffs to be beaten, St. John's breached its duty to Plaintiffs.
116. St. John's breach of its duty to supervise and control the conduct of its students was the cause-in-fact and proximate cause of Plaintiffs' injuries.
117. Plaintiffs suffered damages as a result of St. John's breach.
WHEREFORE, Plaintiffs respectfully requests the court enter judgment in their favor against St. John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
COUNT VII
CIVIL CONSPIRACY OF ASSAULT AND BATTERY
118. Plaintiffs incorporate each and every allegation contained in numbered Paragraphs 1 through 117 above and make the same a part hereof as if fully set forth herein.
119. St. John's acts in loco parentis with respect to its students. As such, St. John's had a duty to control the conduct of the students who physically harmed Plaintiffs so as to prevent them from doing such harm and to protect Plaintiffs against unreasonable risks of harm.
120. The Discipliners were entrusted by St. John's with the duty of physically training and disciplining the Younger Boys, including the Plaintiffs.
121. The Discipliners, at the direction and, in at least one instance, under the observation of St. John's and its employees, attempted and succeeded in causing physical contact with Plaintiffs.
122. The Discipliners, at the direction and, in at least one instance, under the observation of St. John's and its employees, attempted and succeeded in causing the immediate apprehension of physical contact in Plaintiffs.
123. The attempts to physically injure and physical contact with Plaintiffs were unlawful and unjustified.
124. As a result of such attempts, Plaintiffs sustained injuries.
125. The Discipliners, at the direction and, in at least one instance, under the observation of St. John's and its employees, committed assault and battery upon Plaintiffs.
126. St. John's did wrongfully conspire with certain students to commit assault and battery upon Plaintiffs.
127. St. John's conspiracy was the cause-in-fact and proximate cause of Plaintiffs' injuries.
128. Plaintiffs suffered damages as a result of the conspiracy.
WHEREFORE, Plaintiffs respectfully requests the court enter judgment in their favor against St. John's in an amount in excess of $75,000.00; that the costs of this action be assessed against St. John's; and, that the Court grant such other and further relief as it deems fair and equitable in the circumstances.
JURY DEMAND
Plaintiffs, request a jury trial on all issues so capable of being tried as they are entitled pursuant to their Seventh Amendment Constitutional rights.
DESIGNATION OF PLACE OF TRIAL
Plaintiffs hereby designate Kansas City, Kansas as the place of trial in this case.
- Respectfully submitted,
MILLER SCHIRGER, LLC /s/ Daniel R. Zmiiewski
Daniel R. Zmijewski, KS #21275
4520 Main Street, Suite 1570
Kansas City, MO 64111
P: 816-561-6500
F: 816-561-6501
E: dzrmiewski@jnillerschirger.com
E: ifeierabend@inillerschirger.com
ATTORNEYS FOR PLAINTIFFS
-------------- • -------------- • -----------
Occupy SJMS: aka or D Dale Browning's Home: July 7,2012
Come out to Golden, Colorado to help protest Dale frompromoting his holocaust against youth. Dale was once a powerful banker who bankrupted Colorado National Bank in the mid 90's and used his stolen money to help fund the atrocities SJMS commits daily on children.
Time and Location TBA
Time and Location TBA
Commandant/Major George Stelljas.. likely never served in the military!
It is likely after a review of all of George's social networking sites that because there are no references to any military service that he is indeed a fraud. St Johns continuously gives out fake ranks to teachers etc and makes them feelentitled to being saluted or respected as a sr nco or officer yet they likely never served.
George unless you can prove you are a former US Army officer you are a fraud and need to resign and remove yourself from abusing teens for your sick felonious enjoyment!
http://www.facebook.com/george.stelljes
George unless you can prove you are a former US Army officer you are a fraud and need to resign and remove yourself from abusing teens for your sick felonious enjoyment!
http://www.facebook.com/george.stelljes
Saturday, May 12, 2012
failed military scum who try to influence and kill your sons for obama
| City | School Name | Zip Code | Phone number |
| GARDEN CITY | GARDEN CITY HS | 67846 | (620) 805-8057 |
| JUNCTION CITY | JUNCTION CITY HS | 66441 | (785) 717-4288 |
| LEAVENWORTH | LEAVENWORTH HS | 66048 | (913) 684-1550 ext 2088 |
| WICHITA | SOUTHEAST HS | 67218 | (316) 973-2719 |
| SALINA | ST JOHNS MILITARY SCHOOL | 67402 | (620) 805-8029 |
| TOPEKA | TOPEKA WEST HS | 66604 | (785) 438-4000 |
| WICHITA | WEST HS | 67213 | (316) 973-3600 |
| WICHITA | WICHITA HS NORTH | 67203 | (316) 973-6300 |
| WICHITA | WICHITA NORTHWEST HS | 67212 | (316) 973-6000 |
| WICHITA | WICHITA SOUTH HS | 67217 | (316) 973-5477 |
It's a great day!
1SG scumbag loser Bill Bunting died! Hope youre burning in hell asshole! on the kellogg train to hell! FUCK YOU BUNTING! Mother fucker! you deserved it!
Friday, May 11, 2012
Tale of An Unfit Parent
Our family has nothing but good things to say about our son’s education and safety at St. John’s Military School. He has been enrolled there for two and a half years and throughout that time has never experienced any mistreatment by the school, or fellow students.
We visit our son and the campus about every six weeks and are extremely impressed with the school and the education our son is receiving there.
Our greatest fear is that allegations raised in this lawsuit could alter the terrific program at St. John’s. We searched the country for a military school for our son before finding St. John’s, and we are so very pleased with our decision. They have outstanding staff and the students are very respectful. We fully support St. John’s and have the utmost confidence in our son’s attendance at the school.
Mark Johnson
Parent of St. John’s 6th Grader
Walnut Creek, California
Mark Johnson you have been found guilty of being a loser and an unfit parent! You are a disgrace! Fuck you!
We visit our son and the campus about every six weeks and are extremely impressed with the school and the education our son is receiving there.
Our greatest fear is that allegations raised in this lawsuit could alter the terrific program at St. John’s. We searched the country for a military school for our son before finding St. John’s, and we are so very pleased with our decision. They have outstanding staff and the students are very respectful. We fully support St. John’s and have the utmost confidence in our son’s attendance at the school.
Mark Johnson
Parent of St. John’s 6th Grader
Walnut Creek, California
Mark Johnson you have been found guilty of being a loser and an unfit parent! You are a disgrace! Fuck you!
St John's Military School is the Gitmo of Boarding Schools..
It's true. It is the abu graib and gitmo of boarding schools. A torture center for teens! Where abuse is doled out by sex offeners, pyschos and those seeking prestige whose parents are willing to buy their rank and status!
St John's Criminals- Purveyors of the 21st Century Holocaust
| Name | Unit/Position | Additional Information |
| Leo Alvarado | Spanish Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Brian Bell | Senior Military Advisor | Bell is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Tony Blair | JROTC Instructor | Blair is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Max Brooks | Marketing Director | Brooks is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| D. Dale Browning | Trustee/Headmaster | Browning is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Roy Burch | Military Advisor | Burch is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Jimmy Burton | Military Asst. | Burton is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| James Buttenhoff | Military Advisor | Buttenhoff is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Judi Casstevens | Quartermaster | Casstevens is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Ruth Cox | Librarian | Generally, there are no special licensing requirements for librarians. So, HEAL has chosen not to run a professional licensing verification check on Cox. |
| Rob Cruce | Operations Officer | Generally, there are no special licensing requirements for Operations Officers. So, HEAL has chosen not to run a professional licensing verification check on Cruce. |
| Marcia DeMuth | Exec. Asst. | Generally, there are no special licensing requirements for Executive Assistants. So, HEAL has chosen not to run a professional licensing verification check on DeMuth. |
| John Deters | Industrial Arts Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Douglas Dutton | CFO | Generally, there are no special licensing requirements for CFOs. So, HEAL has chosen not to run a professional licensing verification check on Dutton. |
| Cassie Edgerton | Admissions Asst. | Edgerton is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Debby Edgerton | Admin. Asst. | Generally, there are no special licensing requirements for Administrative Assistants. So, HEAL has chosen not to run a professional licensing verification check on Edgerton. |
| Anthony Edwards | Sr. Army Instructor | Edwards is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Andy England | President | England is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Deb Feil | Computer Studies Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Nikki Flinn | Math Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Robert Forde | Admissions | Forde is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Mark Giles | Military Advisor | Giles is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Terri Goodson | Nurse | Goodson is a licensed practical nurse and has been since 2006 in KS. Source: https://www.kansas.gov/ksbn-verifications/ |
| Thomas Hutchinson | Math Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| JD Johnson | PE/Health Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Daniel Jones | 5th & 6th Grade History | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Ricky Jordan | Deputy Commandant | Jordan is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do Richard (Ricky) Jordan appears to have died in service in 2010. HEAL has found other incompatible information as well. We advise individual staff claiming military experience provide evidence or correction if the information shared here is incorrect. Source: http://militarytimes.com/valor/army-staff-sgt-richard-j-jordan/4548392 HEAL was unable to determine military status of this individual. |
| Phil Kellogg | Admissions Counselor | Kellogg is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Peter Kent | Military Advisor | Kent is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Pam Kraus | Chemistry Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Paula Lambert | Admin Asst to Command. | Generally, there are no special licensing requirements for Administrative Assistants. So, HEAL has chosen not to run a professional licensing verification check on Lambert. |
| Roy Lawrence | Athletic Director | Lawrence is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Daniel Leech | Social Science Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Matthew Lewis | Chaplain | Lewis is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Michelle Lilly | English Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Brenda McCoy | School Secretary | Generally, there are no special licensing requirements for Secretaries. So, HEAL has chosen not to run a professional licensing verification check on McCoy. |
| Johnnie McGee | Sr. Military Advisor | McGee is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Felix Moret | Sr. Military Advisor | Moret is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Felix Moret Jr. | Military Advisor | Moret is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Merrell Nelson | Choir Director | Nelson is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Jerry Nichols | Dir. of Cadet Life | Nichols is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Linda Payne | Food Service Director | Generally, there are no special licensing requirements for Food Services. So, HEAL has chosen not to run a professional licensing verification check on Payne. |
| Robert Pearson | Military Advisor | Pearson is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Danny Phillips | Military Advisor | Phillips is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Terry Plumberg | Alumni Coordinator | Plumberg is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Marc Polzella | Math/Science Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Cindy Powell | Nurse | Powell (Cindy Powell) is not a licensed nurse in KS. Source: https://www.kansas.gov/ksbn-verifications/ |
| Megan Rackley | Assoc. Dean--Math | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Wanda Radke | Asst. Quartermaster | Radke is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Mark Ramsey | Math Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Mike Reid | Sr. Military Advisor | Reid is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Linda Rickman | Speech Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Tim Rickman | TaeKwon-Do Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Geronimo Rivera | JROTC Instructor | Rivera is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Anna Robles | Science Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Corey Sader | Asst to the CFO | Generally, there are no special licensing requirements for Executive Assistants. So, HEAL has chosen not to run a professional licensing verification check on Sader. |
| Jeff Schuh | Maintenance | Generally, there are no special licensing requirements for Maintenance. So, HEAL has chosen not to run a professional licensing verification check on Schuh. |
| Clifford Scott | Maitenance | Generally, there are no special licensing requirements for Maintenance. So, HEAL has chosen not to run a professional licensing verification check on Scott. |
| Hector Serna | Biology Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Josh Sibio | Military Advisor | Sibio is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Darrell Smith | Asst. Dir. of Facilities | Smith is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Cayla Sondergard | Laundry Asst. | Generally, there are no special licensing requirements for Laundry Assistant. So, HEAL has chosen not to run a professional licensing verification check on Sondergard. |
| Justin Sperry | Economics Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Micha Stahl | Military Advisor | Stahl is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| Lesli Stahl | Nurse's Asst. | Stahl (Lesli Stahl) is not a licensed nurse in KS. Source: https://www.kansas.gov/ksbn-verifications/ |
| Wendy Stein | Band Director | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| George Stelljes | Commandant of Cadets | Stelljes is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do HEAL was unable to determine military status of this individual. |
| John Utterback | Maintenance | Generally, there are no special licensing requirements for Maintenance. So, HEAL has chosen not to run a professional licensing verification check on Utterback. |
| Deborah Webb | Office Asst. | Generally, there are no special licensing requirements for Office Assistants. So, HEAL has chosen not to run a professional licensing verification check on Webb. |
| Debbie Werber | Laundry Asst. | Generally, there are no special licensing requirements for Laundry Assistant. So, HEAL has chosen not to run a professional licensing verification check on Werber. |
| Lance Werber | Director of Facilities | Werber is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Kim Werth | Social Studies Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Scott Wiedeman | Art Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Paula Wilton | English Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Jennifer Winebrenner | Nurse | Jennifer Winebrenner is a registered nurse in KS and has been since June, 2011. Source: https://www.kansas.gov/ksbn-verifications/ |
| Tom Winkler | Maintenance | Generally, there are no special licensing requirements for Maintenance. So, HEAL has chosen not to run a professional licensing verification check on Winkler. |
| Garrett Winn | Military Advisor | Winn is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Ginger Wooten | Academic Dean | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
| Stephen Young | Military Advisor | Young is not a licensed mental health professional in KS. Source: https://www.kansas.gov/bsrb-verification/index.do |
| Chris Zerger | English Teacher | Kansas requires the teacher ID number or social security number in order to verify teacher qualifications. Therefore, HEAL requires the teacher ID number in order to verify whether or not an individual teacher is licensed in KS. |
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