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Lawyers finalize complaint in Lamson civil case
By KELLY WILKINSON
Lawyers on both sides of the civil lawsuit filed by one of ex-Homestead High School teacher Jeff Lawson's victims are still hammering out the exact language of the complaint.
Justine Durrell, representing Jane Doe No. 2, said she filed amendments to the original complaint on Feb. 24 in response to a demur by Mark Davis. A demur is a challenge to a plaintiff's charge.
"We didn't feel the complaint states a valid cause of action against the district and David Payne," said Davis, the attorney representing David Payne and the Fremont Union High School District.
Jane Doe No. 2 filed a civil suit in August against Jeff Lamson, the FUHSD, Homestead High School and David Payne, Homestead's former principal. The suit alleges that FUHSD school officials were aware that Jeff Lamson was molesting Jane Doe No. 2 and did nothing to stop it.
Lamson was sentenced on Jan. 27 after admitting to committing 12 felony sex offenses involving a 16-year-old female student, one misdemeanor child molestation offense with a 14-year old female student, and one witness-tampering offense. He is currently serving a three-year, four-month jail sentence.
Durrell responded to Davis' request by submitting a voluntary but subtle change in the language of the allegations.
"Basically it's the same charge, but we just dropped a couple causes of action because they weren't strong enough," she said. "It's essentially trimming down the case." The amended complaint states nine causes of action, or specific charges, against Payne and the district.
The plaintiff has not stated the amount of money she is seeking in damages.
The suit further alleges Jane Doe No. 2 was the victim of sexual harassment and suffered personal injuries. The suit also states her civil rights were violated while attending the Cupertino school.
Durrell also claimed Payne knew of Lamson's sexual relationship with Jane Doe No. 1 in the 1990-91 school year and failed to notify authorities.
Defendants have 30 days to respond to the amended complaint. Davis is predicting a second demur.
The lawyers have yet to decide whether the suit will be settled in arbitration or trial--a determination made after a case management hearing. Such a hearing won't happen "until all the demurs and the exact scope of the complaints are figured out," Davis said. "Which won't be anytime too soon."
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Cupertino, California Since 1947
