Dunmore Jr/Sr High School
SCRANTON, Pa. - It took 65 pages but a Pennsylvania federal judge has decided what parts of a lawsuit alleging a sexually explicit video of a middle-schooler was widely shared can continue.
Scranton federal judge Julia Munley on Aug. 8 in a lengthy opinion dismissed several legal claims made by the parents of the boy, known as J.H. in court records. It is alleged J.H., a special education student with Autism Spectrum Disorder, was filmed masturbating in a school bathroom.
The video was then disseminated among students via Apple AirDrop, Snapchat and text messages. The plaintiffs sued other parents, the Dunmore School District and principal Timothy Hopkins, alleging the school and Hopkins failed to enforce their own cellphone policy.
"For their part, the (plaintiffs) have identified at least two customs, that is, a custom of non-enforcement of the school cellphone policy and a custom of allowing students to take cellphones into restrooms," Munley wrote.
"They have not, however, alleged 'persistent and widespread' practices so 'permanent and well settled as to constitute a custom or usage with the force of law.'"
J.H.'s incident and a similar one in 2021 do not support a claim "based on a widespread custom of allowing students to take their cellphones into the restrooms," she added.
J.H. was working with his autism support teacher to address behaviors like masturbation, but in March 2023 another student filmed him doing that in a bathroom. That student shared the video with anyone in a certain area with an iPhone through Apple AirDrop.
A teacher overheard students discussing it and notified Hopkins and the parents. After determining which boy would've been in the restroom at the same time, they searched his phone but did not find the recording. It is alleged Hopkins told the parents nothing more could be done.
The school resource officer, after prodding from the parents, found the video on four phones. The parents of those students are among the defendants and are blamed for the backlash at J.H. following the video, like a group yelling at J.H. "beat it" the following year.
Dunmore's policy requires students to place electronic devices in their locker or classroom device holders. Still, Munley wrote most of the parents' legal claims don't hold up, though one argument under Title IX will be allowed against Dunmore.
As for the parent defendants, they got negligent entrustment dismissed but will face intentional infliction of emotional distress claims. Munley is allowing the plaintiffs to file an amended complaint to address the problems she found.
