Lawyers for the plaintiff have not asserted attorney-client privilege on the journal, but have on the redacted portions of the therapy notes, the motion says.
View full sizeWilliston Northampton School is being sued by a former student who claims she was sexually assaulted by a teacher.EASTHAMPTON – Attorneys for Williston Northampton School are seeking a journal and unredacted psychiatrist’s notes from a former student who sued the school last year, alleging a former teacher sexually assaulted her.
The girl, then a minor and identified as “J.D.” in court documents, alleges that in 2009 biology teacher Dennis P. Ryan touched her inappropriately and school officials retaliated against her for reporting it. The suit alleges that the school told J.D.’s parents to find another school for her, then told other schools she abused alcohol and made false claims about a teacher.
Her parents, identified as John and Jane Doe, were originally plaintiffs, as well, but were dropped when J.D. recently turned 18. She is seeking an undisclosed amount in damages, but court documents say the number exceeds $75,000.
In a motion filed in U.S. District Court in Springfield, lawyers at Springfield-based Morrison Mahoney requested “a copy of any journal, diary, or log that the minor plaintiff maintained from January 2008 until the present.” So far, the only journal she has produced begins with entries dated June 21, 2010, the motion says.
The motion claims the plaintiffs’ lawyers had agreed to release any entries that were relevant to the suit. It also says J.D. and her parents had originally denied she kept a journal.
In January, the motion says, John Doe authorized psychotherapist Carolyn D. Malatesta to release J.D.’s treatment records, but when she did, they contained redactions.
Lawyers for the plaintiff have not asserted attorney-client privilege on the journal, but have on the redacted portions of the therapy notes, the motion says.
“J.D.’s emotional condition, in general, both before and after the events alleged ... is directly relevant to her claims and the Williston Defendants’ defenses,” the motion reads.
The defendants are the school, Ryan, retired head of school Brian R. Wright, associate head of school Jeffrey Ketcham, former dean of students John D. Johnson and school psychologist Benjamin Thompson. The plaintiff lives in West Virginia.
The lawsuit says Ryan worked at a Northampton health club for 11 years before he applied to Williston in 2005. He had no teaching experience and the school did not check his background or references, the suit alleges.
He was assigned to live in an on-campus dormitory with minor students, where he allegedly assaulted J.D. during what he said was to be a study session on May 14, 2009. He had been counseled in 2006 about inappropriate behavior with female students, but was not moved from the dormitory or otherwise punished, the suit alleges.
An investigation by the state Department of Children and Families found J.D.’s allegations were supported, the suit claims.
Text messages show Ryan comforted J.D. after her boyfriend broke up with her and she said her parents might divorce. The suit alleges that Ryan took advantage of her emotional state to win her trust.
Ryan could not be reached for comment and lawyers at the Washington, D.C.-based firm Luque Marino, which represents J.D., declined to comment for this report. A lawyer at Morrison Mahoney did not respond to requests for comment.
2010_Does_v._Williston_et_al