New Rape Allegations in New Hanover Co. Schools Lawsuit

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NEW HANOVER COUNTY, NC (WECT) – Lawyers representing victims of former teacher Michael Kellys’ sexual abuse have filed an amended lawsuit in their lawsuit against the school system, raising new allegations against the former teacher of the year and New Hanover County School (NHCS) administrators.

One of the allegations concerns the false imprisonment of John Doe 13, the pseudonym being used to protect the identity of one of the plaintiffs accusing Kelly of having raped him.

On at least two occasions between 2008 and 2011, the accused Kelly provided John Doe with 13 drinks containing a liquid form similar to a date-rape drug. At the time, John Doe 13 had no idea Kelly had increased her drinks, the amended complaint says.

The complaint alleges that the first event occurred when Kelly drove the student home from school and stopped at Kelly’s house on the way home. No one else was home at the time. Kelly is accused of showing the boy pornography, providing him with an alcoholic drink, and raping him after he got lazy and couldn’t move.

The other incident happened on the UNCW campus, according to the complaint.

Kelly offered to help John Doe 13 in a science project and suggested that the two use a chemistry lab on the UNCW campus. Kelly designed an experiment that involved John Doe 13 observing variations in the orange juice concentrate. Kelly prepared the different concentrations while John Doe 13 recorded his observations. At the time, Kelly was acting within the course and scope of his employment with the NHCS as a professor of chemistry for Johns Does Chemistry, the complaint states.

As John Doe 13 sampled the mixtures and recorded his observations, he began to feel weak. He quickly lost the ability to move. Unable to stand, he leaned on a nearby table to avoid falling. Kelly then had anal intercourse with the boy when the boy was weakened and unable to push Kelly away. John Doe was so drugged that Kelly had to help the boy out of the building and get to Kelly’s vehicle. said the court document.

The amended complaint further alleges that the New Hanover County School Board violated students’ basic rights to a strong basic education under the North Carolina Constitution. The petition was based on a recent state Supreme Court decision in Deminski v. State Board of Education, which concluded that prolonged verbal, physical and even sexual abuse can deprive students of their constitutional rights to a quality education.

In the Kelly case, the abuse lasted for more than 20 years, said Martin Ramey, a lawyer for the Rhine law firm, representing the plaintiffs. As a result of the abuse and this head-in-the-sand advice, some of these gentlemen have dropped out of school, did not complete their education, and are struggling to make ends meet.

What’s also unique about this challenge is that claims are not barred by government immunity, adds Mary Charles Amerson, another lawyer with the law firm Lea / Schultz. Government or sovereign immunity is often invoked by government entities to avoid paying judgments. There are exceptions, for example when an insurer provides insurance coverage, but immunity remains in effect for anything over the limit of that insurance, she added.

The two attorneys say Liberty Mutual, the school board’s insurer, has now twice reserved in writing all its rights to completely deny coverage to victims of Kellys’ assault.

This is true even though the Council has paid Liberty fine bonuses for many years to actually cover such losses, Ramey adds. If it was auto insurance, I would ask for a refund of my premiums.

It’s a shame that an insurer can essentially derail what’s in the best interests of an entire community for its own financial good, Amerson says. At the same time, she adds that the plaintiffs are not only seeking pecuniary damages to help pay for therapy and medication, but that they also want changes in the way New Hanover County schools deal. these complaints. They made several specific recommendations to the board.

This is a developing story. WECT is trying to reach out to school board officials for feedback. However, in recent months, they have declined to comment on any history related to the lawsuit, citing the ongoing litigation.

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