Defendants In Pierceton Woods Civil Suit Demand Jury Trial
By Liz Shepherd
InkFreeNews
PIERCETON — Multiple defendants in the Pierceton Woods Academy sexual assault civil suit have filed demands for a jury trial after their joint motion to dismiss complaints against them was denied.
Kevin Joseph, the father of a juvenile who was allegedly assaulted on the campus, filed the suit against Pierceton Woods in October 2020, alleging the organization was aware of staff engaging in inappropriate contact with minors and that a juvenile was sexually assaulted by Darby Ellis Perry, a former Pierceton Woods employee.
The suit is against Lasting Change Inc. and Lifeline Youth and Family Services, both doing business as Pierceton Woods Academy, as well as four employees.
Brian Perry, an employee who was formerly in a relationship with Ellis Perry; Joseph Gaugh, vice-president of residential services for Lasting Change/Lifeline Inc.; and Mark Terrell, the CEO of Lasting Change and/or Lifeline Inc., are the three defendants who have recently filed demands for a jury trial.
In their jury trial demands, Perry, Gaugh and Terrell all state that background presented on what Ellis Perry allegedly did to the juvenile is not directed at them and that no response is required from them on those allegations under Trial Rule 8(b). Perry and Gough also state that complaints against Lasting Change and Lifeline are not directed at them and also require no response under Trial Rule 8(b).
Terrell denies complaints against Lasting Change and Lifeline taking no preventative actions in response to a 2017 investigation related to inappropriate activity by Ellis Perry. He also denies that employees and agents of Pierceton Woods were allowed to take minors off-premises. Terrell’s demand further explains that Lasting Change and Lifeline did not institute policies designed to suppress sexual misconduct allegations.
In his demand, Perry denies ever having any knowledge of inappropriate sexual misconduct occurring at Pierceton Woods and also denies choosing to minimize allegations by using his position of authority to threaten residents.
Terrell also denies that both he and Gough did not fail to implement policies to prevent sexual assault on campus and that they did not deliberately cover up allegations.
Perry, Gough and Terrell all deny complaints made against them on allegedly conspiring to disregard sexual assault reports and threatening residents who made complaints.
All of the defendants also argue that the plaintiff’s “civil conspiracy-styled claim” is “frivolous, unreasonable and groundless under Indiana law, therefore entitling (all three defendants) to an award of attorneys’ fees as part of the costs (they have) requested herein.”
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