Family Vs Board of Ed, Cummins

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
JANE DOE, a minor child, )

by and through her next friend, )
ANTHONY EDWARD THOMAS, )
) Case No. __________________
Plaintiffs, )
)
v. ) JURY DEMAND (12)
)
THE MAURY COUNTY BOARD OF )
EDUCATION and TAD ERIC CUMMINS, )
)
Defendants. )
COMPLAINT
NOW advance Plaintiffs, through their undersigned counsel, and show this Honorable
Court as follows:
INTRODUCTION
This case is about how a public school failed its obligation to protect students from a
predator. A public school allowed conditions to exist which enabled a teacher to develop a
controlling, manipulative relationship with a vulnerable and impressionable fifteen-year old
student. After the school finally suspended the teacher, he convinced his student to become his
de facto wife and join him on a thirty-nine (39) day cross-country journey before being
apprehended.
I. JURISDICTION AND VENUE
1. This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C.
§ 1331 because this litigation involves matters of federal law, specifically claims made under the
Education Amendments of 1972 (Title IX), 20 U.S.C. § 1681, et seq., and the 14th Amendment to
the U.S. Constitution under 42 U.S.C. § 1983.
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Case 1:18-cv-00006 Document 1 Filed 01/19/18 Page 1 of 17 PageID #: 1
2. Venue is proper in this Court pursuant to 28 U.S.C. § 1391, as all relevant facts
giving rise to this case and damages sustained by Plaintiff occurred in Maury County, Tennessee,
which is part of the United States District Court for the Middle District of Tennessee.
II. PARTIES
3. Plaintiff ANTHONY EDWARD THOMAS (“Anthony Thomas”) is the father
and sole legal custodian of four (4) minor children, including a 16-year-old child, JANE DOE
(d.o.b. 05/17/2001) (“Jane”), the same by order of the Maury County Juvenile Court in the case
styled State of Tennessee Department of Children’s Services v Kimberly Thomas and Anthony
Thomas, Docket No. 15-JV-403. Anthony Thomas brings this action by and through himself and
as next friend to Jane. At all times material hereto, Anthony Thomas was a citizen and resident
of Maury County, Tennessee. Currently, Anthony Thomas is a resident of Davidson County,
Tennessee.
4. Plaintiff JANE DOE (“Jane”) is a minor child and is the primary Plaintiff of this
Complaint. Jane is, and at all times material hereto was, a resident of Maury County, Tennessee,
where she resides with her temporary physical custodian, James Thomas. At all times material
to this Complaint, Jane was a student of Culleoka Unit School. Culleoka Unit School is a public
school within the Maury County school system.
5. Defendant MAURY COUNTY BOARD OF EDUCATION (“the Board”) is a
public school board organized under the laws of the State of Tennessee. Maury County Board of
Education is charged under the laws of the State of Tennessee with the duty of managing,
controlling, and operating all public schools that comprise the Maury County school system.
Based upon information and belief, the Board may be served with process as follows:
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Maury County Board of Education
501 West 8th Street
Columbia, TN 38401
The Board is a recipient of federal funds within the meaning of 20 U.S.C. § 1681(a).
6. Defendant TAD ERIC CUMMINS (“Cummins”) was a resident of Maury
County, Tennessee, and during all relevant times was employed by the Maury County Board of
Education and working at Culleoka Unit School. Mr. Cummins is being sued in his individual
capacity acting under color of law.
III. FACTS
7. During all material times, Chris Marczak served as the Superintendent of the
Maury County Public Schools operated by the Board.
8. Culleoka Unit School is a K through 12 school within the Maury County public
school system.
9. During all material times Penny Love served as the Principal of Culleoka Unit
School.
10. During all material times, Tad Cummins was employed as a teacher by the Board
and assigned to Culleoka Unit School.
11. Jane and several of her siblings began attending Culleoka Unit School in the Fall
semester of 2015, having previously been homeschooled.
12. Jane was 14 years of age at the time of her enrollment.
13. Shortly before enrolling in Culleoka Unit School, Anthony Thomas obtained sole
legal custody of his children, including Jane.
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14. The change in custody occurred after serious allegations arose that
Anthony Thomas’ minor children, and in particular Jane, had been physically abused by their
mother.
15. The Board was aware of these allegations and disseminated the information of
Jane’s alleged abuse among the teachers and administration at Culleoka Unit School.
16. Tad Cummins was a member of the teaching faculty at Culleoka Unit School
when Jane enrolled as a student.
17. Cummins began working for Culleoka Unit School as a high school teacher
sometime in 2011.
18. Cummins was well-liked by the school’s administration, teachers, and especially
students.
19. At Culleoka Unit School, Cummins was known as a friendly and informal
teacher.
20. Many Culleoka Unit School students sought out Cummins class both to be
enrolled within it and/or to spend time with him.
21. Cummins spent little time teaching his students.
22. Cummins’ class had little structure, and students regularly used his class as a
gathering spot.
23. Many students referred to Cummins by his first name, “Tad” – and he encouraged
students to call him Tad.
24. Cummins was more of a friend and peer to students than he was their teacher or
adult mentor.
Page 4 of 17
25. For some students, Cummins acted as a counselor and was readily sought by
certain students for that purpose.
26. Cummins’ informality and lack of professionalism permitted by the school
included speaking and acting inappropriately with female students.
27. Cummins’ reputation of informality with students, including the lack of emphasis
on academics, was well known to Principal Penny Love and the Culleoka Unit School
administration.
28. Jane first met Cummins sometime after enrolling at Culleoka Unit School in Fall
semester 2015.
29. Jane was assigned to Cummins’ class in the 2016 Spring semester.
30. Cummins was aware of Jane’s background of domestic abuse and counseled her.
31. Cummins became attracted to Jane.
32. Cummins began flirting and touching Jane.
33. Cummins told Jane that his “soul” could see her “soul.”
34. Cummins encouraged Jane to eat her lunch with him in his classroom.
35. Jane was again assigned to Cummins’ class in the Fall 2016 semester.
36. Cummins encouraged Jane to sit next to his desk in his class.
37. Cummins encouraged Jane to come to his class and nap on a hospital bed located
in the classroom.
38. Cummins counseled Jane and Jane regularly left other classes with teacher
permission to be “counseled” by Tad.
39. This unusual arrangement between Cummins and Jane was generally known to
Culleoka Unit School students, teachers and administrators.
Page 5 of 17
40. Cummins had an off class period during the school day.
41. During this period and at other times Cummins had Jane visit him.
42. At one point in the Fall 2016 Cummins told Jane he wanted to see her naked.
43. Cummins had a closet in his classroom.
44. At one point in Fall 2016 Cummins summoned Jane to enter the classroom closet
with him.
45. By mid-semester Fall 2016, Cummins had convinced Jane to go with him into the
closet where he began kissing and fondling Jane regularly.
46. Jane confessed to Cummins that she felt depressed and needed professional help
and Cummins dissuaded her from doing so.
47. After some period of time in the Fall semester 2016, Cummins kissed and fondled
Jane and had her perform oral sex on him in his classroom closet.
48. Thereafter, the classroom closet oral sex occurred regularly while school was in
session until mid-January 2017.
49. The growing relationship between Cummins and Jane was apparent to other
Culleoka Unit School students and teachers.
50. One student complained to Culleoka Unit School administration and asked to be
removed from Cummins’ class due to her feeling uncomfortable with the relationship between
Cummins and Jane.
51. Principal Love and the Culleoka Unit School administration ignored these
warnings.
52. At this time, Cummins was fifty (50) years old and married; Jane was fifteen (15)
years old.
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53. On or about January 23, 2017, a seventh grade student witnessed Jane being
kissed by Cummins while in his classroom ("the kissing incident").
54. The student who witnessed the kissing incident was “freaked out” and shortly
thereafter confided to another student what she saw.
55. The following day on January 24, 2017, the student who witnessed the “kissing
incident” confronted Cummins about his relationship with Jane while accompanied by two other
students.
56. Cummins admitted that he was a father figure to Jane and considered her a close
and best friend.
57. Culleoka Unit School teachers whose classrooms were near to Cummins’
classroom were aware that Jane spent a lot of time with Cummins in his classroom.
58. On January 24, 2017, the seventh grade student reported the kissing incident to
Culleoka Unit School administration.
59. Thereafter, Amanda Hargrove, Chief of Staff, and Tameka Clayburn, Human
Resources of Maury County School System, began an investigation into the incident.
60. No one at Maury County Schools or Culleoka Unit School informed either parent
of Jane of the kissing incident.
61. No one at Maury County Schools or Culleoka Unit School informed law
enforcement of the kissing incident.
62. No one at Culleoka Unit School interviewed the many students who had
witnessed the behavior of Cummins to Jane.
63. No one at Maury County Schools or Culleoka Unit School removed or attempted
to remove Jane from Cummins’ class during the “investigation.”
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64. Despite the ongoing “investigation,” on or about January 27, 2017, Cummins
chaperoned at a field trip facilitated by the school and attended by Jane.
65. During the field trip, Cummins propositioned Jane for sex and she refused for fear
of being discovered by other students.
66. Days after the field trip, Principal Love issued a directive to both Cummins and
Jane that they should have no contact.
67. After the alleged kissing incident, Jane endured ridicule, from students and from
some teachers.
68. Jane was called a “whore” by some students.
69. Similar language was used by teachers in conversation, the same being heard by
or communicated to Jane.
70. Cummins was seen as a victim by many students and some teachers.
71. Some members of Culleoka Unit School thought Cummins had been falsely
accused and that it was the fault of Jane who had pursued Cummins.
72. On January 30, 2017, Maury County Schools completed its investigation of the
incident and could not confirm that Cummins had kissed Jane.
73. The investigation provided a report that recommended:
• Jane be removed from Cummins’ classroom;
• Jane be instructed to bring anxiety issues to the school for guidance;
• Monitor Cummins’ classroom to ensure students are not in his classroom
inappropriately;
• Reprimand Cummins regarding his duty to uphold his professional
responsibility and behavior to students.
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74. It was uncertain whether all of the recommendations were followed.
75. On January 31, 2017, a full week after the kissing incident had been made known
to Principal Love, Anthony Thomas learned of the kissing incident when an investigator from the
Maury County Sheriff's Department questioned him regarding the incident.
76. On February 1, 2017, Anthony Thomas contacted Culleoka Unit School seeking
information on the incident and to express his extreme concern that his daughter was then being
forced to attend school with Cummins in place as a teacher.
77. On February 3, 2017, Principal Love issued two reprimands to Cummins: one for
allowing a student to spend an excessive amount of time in his classroom (non-professional
conduct), and another for allowing Jane to be in his classroom contrary to a directive issued
earlier by Principal Love (insubordination).
78. On the afternoon of Friday, February 3, 2017, due to Anthony Thomas’ concerns
that Cummins remained at Culleoka Unit School, he hired a lawyer.
79. Early Monday, February 6, 2017, Anthony Thomas’ lawyer sent a letter to the
Board’s "Central Office" demanding that protective action be taken for Jane Doe from Cummins.
80. That same date, Superintendant Marczak suspended Cummins from employment
with Maury County Public Schools, pending apparently a second investigation.
81. After Cummins’ suspension, many students and some teachers blamed Jane for
Cummins’ suspension.
82. No measures were put in place to insure that contact would not take place and
Cummins continued to speak with Jane by text message and cell phone.
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83. Upon information and belief, after Cummins suspension the Board’s central office
issued a directive to Culleoka Unit School faculty that there be no discussion about the “kissing
incident.”
84. Citing this directive, Culleoka Unit School teachers refused to speak with or
counsel Jane in response to the ridicule she received.
85. Despite Jane’s complaints of ridicule from other students, Principal Love and the
school administration did nothing to support and protect Jane.
86. Jane became isolated and felt unwelcome at Culleoka Unit School.
87. After his suspension, Cummins continued to communicate and have contact with
Jane.
88. Being ostracized from some students, teachers and administration at Culleoka
Unit School, Jane sought comfort from her father figure and close friend, Cummins.
89. On Monday, March 13, 2017, Jane failed to return home after visiting a friend for
the day.
90. That same day, Cummins absconded with Jane and their whereabouts remained
unknown for weeks sparking an Amber Alert and a nationwide manhunt.
91. Cummins had convinced Jane to serve as his de facto wife, posing as the same,
living with him and having sex with him.
92. On April 20, 2017, based upon the combined efforts of many law enforcement
departments and a tip from a witness, Jane was found living with Cummins in a cabin in
Northern California.
93. Jane was rescued and returned to her father and siblings.
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COUNT 1
Violation of the Educational Amendments of 1972 (Title IX), 20 U.S.C. § 1981, et seq.
(School Defendant)
94. Plaintiffs incorporate all preceding paragraphs into this Count by reference as
through fully restated herein.
95. Defendant Cummins in his capacity as a teacher at Culleoka Unit School sexually
abused and harassed Jane as a student of Culleoka Unit School.
96. The Culleoka Unit School administrators had actual notice that Cummins posed a
substantial risk of abuse to students because of his informality and inappropriate actions with
female students.
97. Cummins’ inappropriate behavior was well-known to the Culleoka Unit School
administration and to Principal Love including, but not limited to the following:
A. He allowed and encouraged students to call him by his first name, “Tad”;
B. He met with students in his class before and after school for no academic
purpose;
C. He invited and encouraged students that were not assigned to his class to
frequent his classroom;
D. He had a bed within his classroom in which he allowed students to rest
upon;
E. He encouraged students to eat lunch with him in his classroom; and
F. Little class instruction for health science occurred during Cummins’ class.
98. Principal Love and other members of the Culleoka Unit School either knew or
should have known that because of Cummins’ inappropriate behavior, he posed a substantial risk
of abuse to students.
Page 11 of 17
99. When Jane enrolled at Culleoka Unit School, both the school administration and
certain members of the Board were aware of the family abuse that Jane had suffered which
rendered her more vulnerable to harm from adult sexual abuse.
100. The Culleoka Unit School administration and Principal Love were aware that Jane
spent a lot of time in Cummins’ class, before and after school, at lunchtime and between classes.
101. The Culleoka Unit School administration became aware of the relationship that
had developed between Cummins and Jane.
102. The Culleoka Unit School administration and Principal Love became aware of
Cummins’ sexual harassment of Jane when they received the report of the kissing incident from
a seventh grade student.
103. The Board through its agents, Chief of Staff Amanda Hargrove, HR Director
Tameka Clayburn and Principal Love acted with deliberate indifference to the substantial risk of
abuse and harm Cummins posed to Jane in the following ways:
A. Created and allowed an environment at Culleoka Unit School through
actions and inactions whereby sexual abuse, discrimination and
harassment were allowed to occur.
B. The Board and/or Culleoka Unit School administration failed to contact
Jane Doe’s parents to inform them of the “kissing incident.”
C. The Board failed to report the “kissing incident” to Child Protective
Services as required by T.C.A. §§ 37-1-403 and 37-1-605;
D. Principal Love’s directive to Cummins that he should not have any further
contact with Jane was not enforced;
Page 12 of 17
E. No efforts were put into effect to ensure there was no physical contact or
communications between Cummins and Jane;
F. The Maury County School System’s investigation into the kissing incident
should have alerted the Board of the substantial risk of harm Cummins
posed to Jane and other Culleoka Unit School students;
G. The Board violated its policies and procedures by failing to suspend
Cummins during its internal investigation;
H. No action was taken in order to protect Jane from any risk of abuse from
Cummins;
I. The Board either did not have a compliant Title IX policy and procedure,
or the Culleoka Unit School administration were unaware of the Title IX
policy and procedure, or the Culleoka Unit School administration violated
the Title IX policy and procedure regarding its response to Cummins’
actions with Jane Doe;
J. The Board and employees Hargrove, Clayburn and Love had the authority
and ability to take corrective action to end or prevent the sexual abuse and
harassment and failed to do so;
K. The deliberate indifference demonstrated by Board employees Hargrove,
Clayburn and Love to the actions of Cummins allowed his relationship to
evolve into a controlling and manipulative one; and
L. Additional actions that will be disclosed upon identification in discovery.
104. As Cummins admitted to the seventh grade student on January 24, 2017, he was a
father figure and close friend to Jane.
Page 13 of 17
105. The controlling and manipulative relationship between Cummins and Jane
developed at Culleoka Unit School during and after school hours because of the deliberate
indifference of Culleoka Unit School administration and Principal Love.
106. When the Board suspended Cummins on March 4, Cummins’ controlling and
manipulative power over Jane remained such that he was able to abscond with Jane on
March 13, 2017.
107. The actions of Cummins from March 13 to April 20 were fruit of the poisonous
tree that was seeded, blossomed and matured at Culleoka Unit School.
108. The sexual abuse, exploitation, discrimination and harassment Cummins inflicted
on Jane was severe, pervasive and objectively offensive and effectively barred Jane’s access to
educational opportunity and benefit of Culleoka Unit School.
109. Jane suffered repeated school-employee-on-student sexual assault and harassment
which is considered discrimination prohibited by Title IX.
110. As a direct and proximate cause of the Defendants’ actions, omissions and
deliberate indifference, Jane sustained and continues to sustain injuries and damages for which
she is entitled to be compensated.
COUNT 2
Violation of Plaintiff’s Constitutional Rights, brought under 42 U.S.C. § 1983
(Defendant Cummins)
112. Fifteen year old Jane had a constitutional right under the Fourteenth Amendment
to bodily integrity that includes the right to be free from sexual abuse by a public school
employee.
Page 14 of 17
113. Under Tennessee law, minors are required to attend school.
114. As a student of the Maury County School System, the Board owed a duty to
protect Jane from the risk of sustaining any harm.
115. During all material times herein, Tad Cummins was employed as a teacher with
the Maury County School System and assigned to Culleoka Unit School where Jane was a
student. He was acting within the course and scope of this employment.
116. While in the course and scope of his employment with the Maury County School
System, and acting under color of law, Tad Cummins violated Jane’s constitutional right of
bodily integrity, including the right to be free from sexual abuse, a liberty interest protected
under the Due Process Clause of the Fourteenth Amendment and 42 U.S.C. § 1983.
117. As a result of Tad Cummins’ actions, Jane Doe suffered harm and was damaged.
118. As a direct and proximate cause of the Defendants’ actions, omissions and
deliberate indifference, Jane Doe sustained and continues to sustain injuries and damages for
which she is entitled to be compensated.
COUNT 3
Damages
120. The actions of the all of the Defendants regarding Jane Doe as previously stated
proximately caused her to suffer severe and significant harm.
121. The harm suffered by Jane Doe includes, but is not limited to the following:
A. Sexual harassment;
B. Sexual assault and abuse;
C. Being kidnapped by fraud for 39 days with a loss of freedom;
Page 15 of 17
D. Loss of personal privacy;
E. Post Traumatic Stress Syndrome and other related emotional disorders;
and
F. Loss of educational opportunities.
122. As a result of the harm suffered by Jane Doe, she has suffered damages which
include, but are not limited to the following:
A. Past and future hospital, doctor, prescription drug, medical and
psychological treatment, counseling and other related medical expenses;
B. Past and future mental distress and emotional anguish, public humiliation
and embarrassment; and
C. Loss of enjoyment of life.
123. Plaintiffs seek compensation for damages in a reasonable amount to be set by a
jury.
124. Plaintiffs seek reasonable attorney fees pursuant to 42 U.S.C. § 1988.
COUNT 4
Punitive Damages Against Defendant Cummins
though fully restated herein.
126. The actions of Defendant Cummins were willful, wanton and deliberate.
127. Plaintiffs seek an award of punitive damages in a reasonable amount to be set by
the jury and supported by the evidence.
128. Because the acts of Defendant Cummins that harmed Jane Doe were willful,
wanton and deliberate, punitive damages should not be limited under T.C.A. § 29-39-
104(a)(7)(A).
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129. Plaintiffs ask for trial by jury.
WHEREFORE, Plaintiffs pray that after all due proceedings are had that there be
judgment rendered in favor of Jane Doe and Anthony Edward Thomas and against the Maury
County Board of Education and Tad Cummins, awarding just and reasonable compensation,
attorneys fees, punitive damages, and all other equitable relief.
Respectfully submitted,
By: s/Edmund J. Schmidt III

Edmund J. Schmidt III, TN Bar #021313
LAW OFFICE OF EDDIE SCHMIDT
2323 21st Avenue South, Suite 502
Nashville, Tennessee 37212
Phone (615) 678-6320
Fax (615) 454-6357
Email eddie@eschmidtlaw.com
Jason Whatley, TN Bar #019646

Cory Ricci, TN Bar #032335
WHATLEY & RICCI, PLLC
29 Public Square
P.O. Box 411
Columbia, Tennessee 38402-0411
Phone (931) 388-4288
Fax (931) 388-4286
Email jwhatley@whatleylaw.net
cricci@whatleylaw.net
Page 17 of 17
JS 44 (Rev. 07/16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

JANE DOE, a minor b/n/f ANTHONY EDWARD THOMAS THE MAURY COUNTY BOARD OF EDUCATION and TAD ERIC
CUMMINS
(b) County of Residence of First Listed Plaintiff DAVIDSON County of Residence of First Listed Defendant MAURY
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Edmund J. Schmidt III, 2323 21st Ave. S., Suite 502, Nashville, TN
37212; (615) 678-6320; and Jason Whatley and Cory Ricci, 29 Public
Square, PO. Box 411, Columbia, TN 38402; (931) 388-4288
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability Leave Act ’ 893 Environmental Matters
Medical Malpractice ’ 790 Other Labor Litigation ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
20 U.S.C. § 1681, et. seq. and 42 U.S.C. § 1983
VI. CAUSE OF ACTION Brief description of cause:
Public school failed its obligation to protect students from a predator
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
01/19/2018 s/Edmund J. Schmidt III
FOR OFFICE USE ONLY
RECEIPT # Case 1:18-cv-00006 Document

AMOUNT 1-1 Filed 01/19/18
APPLYING IFP JUDGEPage 1 of 2 PageID #: 18
MAG. JUDGE
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JS 44 Reverse (Rev. 07/16)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 1:18-cv-00006 Document 1-1 Filed 01/19/18 Page 2 of 2 PageID #: 19

Family Vs Board of Ed, Cummins

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Family Vs Board of Ed, Cummins

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

JANE DOE, a minor child, )

controlling, manipulative relationship with a vulnerable and impressionable fifteen-year old

I. JURISDICTION AND VENUE

the U.S. Constitution under 42 U.S.C. § 1983.

3. Plaintiff ANTHONY EDWARD THOMAS (“Anthony Thomas”) is the father

of Maury County, Tennessee. Currently, Anthony Thomas is a resident of Davidson County,

school within the Maury County school system.

5. Defendant MAURY COUNTY BOARD OF EDUCATION (“the Board”) is a

6. Defendant TAD ERIC CUMMINS (“Cummins”) was a resident of Maury

capacity acting under color of law.

Maury County Public Schools operated by the Board.

and assigned to Culleoka Unit School.

semester of 2015, having previously been homeschooled.

12. Jane was 14 years of age at the time of her enrollment.

legal custody of his children, including Jane.

when Jane enrolled as a student.

enrolled within it and/or to spend time with him.

21. Cummins spent little time teaching his students.

students to call him Tad.

certain students for that purpose.

26. Cummins’ informality and lack of professionalism permitted by the school

included speaking and acting inappropriately with female students.

31. Cummins became attracted to Jane.

32. Cummins began flirting and touching Jane.

permission to be “counseled” by Tad.

Culleoka Unit School students, teachers and administrators.

43. Cummins had a closet in his classroom.

closet where he began kissing and fondling Jane regularly.

and Cummins dissuaded her from doing so.

session until mid-January 2017.

Culleoka Unit School students and teachers.

Cummins and Jane.

kissed by Cummins while in his classroom ("the kissing incident").

thereafter confided to another student what she saw.

and best friend.

Culleoka Unit School administration.

of Jane of the kissing incident.

enforcement of the kissing incident.

witnessed the behavior of Cummins to Jane.

to remove Jane from Cummins’ class during the “investigation.”

chaperoned at a field trip facilitated by the school and attended by Jane.

of being discovered by other students.

Jane that they should have no contact.

68. Jane was called a “whore” by some students.

73. The investigation provided a report that recommended:

• Jane be removed from Cummins’ classroom;

• Jane be instructed to bring anxiety issues to the school for guidance;

• Monitor Cummins’ classroom to ensure students are not in his classroom

• Reprimand Cummins regarding his duty to uphold his professional

responsibility and behavior to students.

Maury County Sheriff's Department questioned him regarding the incident.

forced to attend school with Cummins in place as a teacher.

allowing a student to spend an excessive amount of time in his classroom (non-professional

earlier by Principal Love (insubordination).

that Cummins remained at Culleoka Unit School, he hired a lawyer.

with Maury County Public Schools, pending apparently a second investigation.

counsel Jane in response to the ridicule she received.

school administration did nothing to support and protect Jane.

unknown for weeks sparking an Amber Alert and a nationwide manhunt.

living with him and having sex with him.

through fully restated herein.