The quotes below are from Kimberlin v. Metropolitan School Dist., decided Friday by Judge Tanya Walton Pratt (S.D. Ind.); you can see some of Kimberlin's past filings here, my posts on some of his past lawsuits here and here, and more on his past criminal convictions here. First, the plaintiff's allegations (of course at this point they are just allegations):
In 1968, when he was a fourteen-year-old student at Westlane Junior High School, teacher Tharrell Davis ("Davis") "took an unusual interest" in Kimberlin. Over the next several months, Davis repeatedly sexually assaulted Kimberlin in Davis's home and elsewhere. The abuse caused Kimberlin physical injuries at the time and has caused many other problems in the decades since.
Another boy named "Tommy" was often present during the assaults and was also assaulted by Davis. Kimberlin offered to have his parents help Tommy get away from Davis. Tommy told Davis about this offer, which led Davis to admit the abuse to Kimberlin's mother and agree not to have further contact with Kimberlin. Kimberlin's mother asked a friend to report Davis to the School District and Indiana State Police; the Complaint does not allege whether those reports were made. The next year, Davis left the School District. "Plaintiff believes that he was quietly forced out of his job because of his sexual abuse of Plaintiff and others."
In December 2023, shortly before her death, Kimberlin's mother told him that Davis had admitted to the sexual assaults. This caused "a flood of repressed memories, nightmares, anxiety, and post traumatic stresses." In June 2024, Kimberlin wrote a letter to [then-Superintendent Nikki Woodson] about the abuse, "demand[ing] accountability and compensation." At the time, Kimberlin did not know Davis's first name, but he told Dr. Woodson that Davis was a science teacher in 1968 at Westlane and had been in the military. Kimberlin "urged [Dr. Woodson] and [the School District] to review its records and conduct their own investigation."
A few weeks later, in July 2024, outside counsel for the School District (and defense counsel in this case), Jonathan Mayes ("Mayes"), responded, stating that the School District "had turned the matter over to law enforcement for investigation, and [the School District] would respond after law enforcement responded. Law enforcement never responded to the School District, so the School District never responded to Kimberlin.
