Defendants ask for dismissal
They will present their dismissal arguments in the Darlington sexual abuse lawsuit on Dec. 18.
Several defendants in a lawsuit, which includes Darlington School, claim the law which provided the ability to file a lawsuit alleging decades old sexual misconduct by a teacher and others is unconstitutional.
A hearing is scheduled for Dec. 18 so defendants can orally argue why the lawsuit should be dismissed.
Several former Darlington students filed a lawsuit in June against the school, as well as a former teacher and student, saying they were sexually abused during the 1970s and 1980s and the school did nothing to stop it.
The lawsuit was filed in July shortly before the Hidden Predator Act expired. The 2015 law suspended the statute
of limitations for civil suits against those accused of sexual abuse against minors.
An expanded measure, titled the Hidden Predator Act of 2018, was introduced to the Georgia House of Representatives in May but did not move past the second reading before the body.
The lawsuit names Darlington as well as former teacher Roger Stifflemire, Frederick Marquette — a resident of Wetumpka, Alabama — and David Ellis, who was a student at Darlington, as defendants.
The lawsuit states Stifflemire “preyed” on young boarding students in his dorm while he was an English professor at Darlington from approximately 1974-1994.
The lawsuit alleges the school did nothing when the incidents were reported and allowed Stifflemire to continue to supervise students.
The plaintiffs are primarily former students at Darlington during the 1970s and 1980s. Christopher Gaba, Mark Eubanks, William Knight, Timothy Lee, Hal Word, Kevin Simmons and three plaintiffs only identified as John Doe 1-3 say they were sexually assaulted while they were students at the school.
Amberly Waters Day, the mother of former Darlington student Charles Mark Day and representative of his estate as well as guardian of his minor child, is also a plaintiff in the lawsuit. Day committed suicide in September 2016 and the lawsuit stated a primary reason for his suicide was his treatment at the hands of Stifflemire and Marquette.
Each of the defendants cites similar reasons why they feel the lawsuit should be dismissed. The first, in general, they claim the statute of limitations for bringing a civil lawsuit had expired.
Darlington itself states the law arguably allowed for a revival of claims of abuse by an individual but did not allow for an entity, such as the school, to be sued under that law — so the normal statute of limitations should apply.
A Cobb County judge recently granted a motion to dismiss in a similar case against the Boy Scouts of America.
Stifflemire, Ellis and Marquette claim the Hidden Predator Act is a retroactive law which violates the Georgia Constitution’s statute of limitations. Their lawyers argue the law violates due process and equal protection rights.
Also, Stifflemire, Ellis and Marquette stated they were served the lawsuit several weeks after it was filed in court and the Hidden Predator Act expired. This delay showed a lack of diligence on the plaintiffs’ part and the statute of limitations should be considered to have expired.