Germantown Academy officials want a civil suit alleging same-sex abuse at the school tossed out because the alleged victim hasn’t identified himself in court papers.
In February, “John Doe” filed suit against the school in Philadelphia Common Pleas Court. But the suit was transferred to Montgomery County Common Pleas Court, since the school is located in Whitemarsh Township.
According to the suit, while Doe participated in school programs, other male students kneed him in the groin, twisted his nipples in a painful manner, urinated upon him, pulled out his chest hairs and threatened to rape him.
The alleged abuse caused Doe to seek psychotherapy and to be placed on several antidepressants in order to function, according to the suit.
Doe seeks more than $50,000 in damages.
But in a Nov. 9 filing, school officials said Doe’s suit should be tossed out because Doe hasn’t properly identified himself in court papers.
“[Doe] seeks to hide behind the veil of anonymity, all the while giving the litigation publicity through his counsel,” attorneys for the school wrote in the filing.
Accompanying the filing are several news articles featuring Doe’s attorney, Brian D. Kent, discussing the alleged abuse experienced by Doe.
Kent had no comment for this story.
“[Doe’s] failure to identify himself directly contravenes a [state] requirement that the complaint set forth the names of all parties to an action,” the attorneys wrote.
Moreover, they noted that Doe is an adult and “an adult plaintiff cannot hide his/her identity merely because the facts central to the case are embarrassing. While courts have drawn exceptions for minors, that exception is inapplicable here because [Doe] is an adult.”
The filing cites a 1993 Pennsylvania Superior Court ruling that identified a woman who claimed her therapists abused her sexually. The woman sought anonymity but the court named her, noting that she failed to demonstrate a right to pursue her case anonymously.
The school officials also noted that Doe’s suit identifies several individuals who allegedly had nothing to do with the matter.
“Respectfully, [Doe] cannot seek anonymity, and then specifically identify people in his complaint who have nothing to do with this case, especially given the nature of [Doe’s] allegations,” according to the filing.
As of presstime, Doe’s attorneys hadn’t responded to the filing, and neither side had a comment for this story.