QUOTE
MCAS sued over molestation
By Deborah Sederberg, The News-Dispatch
A woman who says she was molested when she was a student at Elston Middle School by former Michigan City Police Officer Gary James has filed a $30 million civil lawsuit naming James, the Michigan City Area Schools Board, the City of Michigan City, the Chief of Police and “unknown Michigan City police officers and supervisory personnel” as defendants.
James is a former police liaison with Michigan City Area Schools.
The suit was filed Wednesday in LaPorte Circuit Court by LaPorte attorney Doug Bernacchi on behalf of a woman identified only as Jane Doe. The woman, now 18, was 13 when, according to the lawsuit, “Gary James began making romantic overtures to Jane Doe by forcibly grabbing and holding her hand, touching her in a rude and insolent manner without her permission and fondling and kissing her.
“Beginning in 2003, the defendant, a Michigan City police officer, often while displaying his badge, stalked the plaintiff at the plaintiff's school during the time he was on duty during school hours and then during her extracurricular activities.
“Numerous school personnel, a Michigan City employee and a few police officers witnessed the inappropriate contact and inordinate amount of attention the defendant Gary James gave to the Plaintiff.”
The lawsuit describes occasions on which James “forced himself sexually onto the plaintiff against her will and/or acted to sexually molest the plaintiff, a minor of 13 years of age.”
To prevent the girl from complaining, the suit said James would “show his temper,” intimidate her and threaten her with physical harm.
The lawsuit named the superintendent, school board members, the police chief and unknown police officers and supervisory personnel because they “owed a duty to the plaintiff to supervise Officer James.”
Additionally, the girl's lawsuit alleges that James molested her in his squad car, which the lawsuit said was “constantly” seen at the girl's home during school hours when the girl's mother was at work. The lawsuit also said the girl accompanied James to a convenience store robbery call near her home.
The lawsuit alleges that police officers saw James and the girl holding hands, “making out ... or engaged in other inappropriate behavior near a grave site on the grounds of (Elston) and yet there was not follow-up or supervision of ... James.”
School Board President Jeff Jones, who was not a member of the board when James worked for MCAS, said he was unaware of the suit.
Board vice president Jim Kintzele said the board had been notified of the intent to sue some time ago.
James, 37 at the time, was sentenced to spend 15 weekends in the LaPorte County Jail and to pay for the victim's medical treatment. He pleaded guilty to a reduced charge of sexual misconduct with a minor, a Class D felony.
Board member Nate Gipson was unaware of the lawsuit but said abuse of a minor “tops the list of things that get me really, really upset.”
The father of two daughters, Gipson said, “I don't even want to think about what I might do to someone who did that to my child.”
Repeated attempts to contact Mayor Chuck Oberlie and Police Chief Ben Neitzel were unsuccessful.
Contact reporter Deborah Sederberg at dsederberg@thenewsdispatch.com.
By Deborah Sederberg, The News-Dispatch
A woman who says she was molested when she was a student at Elston Middle School by former Michigan City Police Officer Gary James has filed a $30 million civil lawsuit naming James, the Michigan City Area Schools Board, the City of Michigan City, the Chief of Police and “unknown Michigan City police officers and supervisory personnel” as defendants.
James is a former police liaison with Michigan City Area Schools.
The suit was filed Wednesday in LaPorte Circuit Court by LaPorte attorney Doug Bernacchi on behalf of a woman identified only as Jane Doe. The woman, now 18, was 13 when, according to the lawsuit, “Gary James began making romantic overtures to Jane Doe by forcibly grabbing and holding her hand, touching her in a rude and insolent manner without her permission and fondling and kissing her.
“Beginning in 2003, the defendant, a Michigan City police officer, often while displaying his badge, stalked the plaintiff at the plaintiff's school during the time he was on duty during school hours and then during her extracurricular activities.
“Numerous school personnel, a Michigan City employee and a few police officers witnessed the inappropriate contact and inordinate amount of attention the defendant Gary James gave to the Plaintiff.”
The lawsuit describes occasions on which James “forced himself sexually onto the plaintiff against her will and/or acted to sexually molest the plaintiff, a minor of 13 years of age.”
To prevent the girl from complaining, the suit said James would “show his temper,” intimidate her and threaten her with physical harm.
The lawsuit named the superintendent, school board members, the police chief and unknown police officers and supervisory personnel because they “owed a duty to the plaintiff to supervise Officer James.”
Additionally, the girl's lawsuit alleges that James molested her in his squad car, which the lawsuit said was “constantly” seen at the girl's home during school hours when the girl's mother was at work. The lawsuit also said the girl accompanied James to a convenience store robbery call near her home.
The lawsuit alleges that police officers saw James and the girl holding hands, “making out ... or engaged in other inappropriate behavior near a grave site on the grounds of (Elston) and yet there was not follow-up or supervision of ... James.”
School Board President Jeff Jones, who was not a member of the board when James worked for MCAS, said he was unaware of the suit.
Board vice president Jim Kintzele said the board had been notified of the intent to sue some time ago.
James, 37 at the time, was sentenced to spend 15 weekends in the LaPorte County Jail and to pay for the victim's medical treatment. He pleaded guilty to a reduced charge of sexual misconduct with a minor, a Class D felony.
Board member Nate Gipson was unaware of the lawsuit but said abuse of a minor “tops the list of things that get me really, really upset.”
The father of two daughters, Gipson said, “I don't even want to think about what I might do to someone who did that to my child.”
Repeated attempts to contact Mayor Chuck Oberlie and Police Chief Ben Neitzel were unsuccessful.
Contact reporter Deborah Sederberg at dsederberg@thenewsdispatch.com.