United States District Court, W.D. Washington, Seattle
L. ROBART, UNITED STATES DISTRICT JUDGE
matter comes before the court on Defendant Craig Verver's
motion to dismiss Plaintiff A.T.'s complaint as untimely.
(Mot. (Dkt. #12).) A.T. opposes the motion (see
Resp. (Dkt. # 15)), and Mr. Verver has filed a reply
(see Reply (Dkt. # 17)). Having considered these
submissions, the relevant portions of the record, and the
applicable law, and considering itself fully advised,
court GRANTS Mr. Verver's motion and GRANTS A.T. leave to
amend her complaint, as detailed herein.
A.T. attended a high school in
the Everett School District from 2001 to 2003. (Am. Compl.
(Dkt. # 7) ¶ 7.) Mr. Verver was one of A.T.'s
teachers during the 2001-2002 school year and the 2002-2003
school year. (Id.) A.T. was also a cabinet member of
the National Honor Society, for which Mr. Verver served as a
faculty adviser. (Id.) During the 2001-2002 school
year, Mr. Verver singled out A.T. in class, teased her, and
gave her special attention. (Id. ¶ 9.) Mr.
Verver told A.T. that she would need to take "calculated
risks" to be exceptional and extraordinary in order to
stand out for college admissions. (Id.) At the end
of the school year, Mr. Verver encouraged A.T. to run for
honor-society president, a position that required working
closely with him in his capacity as faculty adviser.
(Id. ¶ 10.) A.T. was elected honor-society
president for the following year, and Mr. Verver gave A.T.
his personal contact information so that they could be in
touch over the summer.
October 2002, A.T. attended a school dance, after which she
stayed to help clean up. (Id. ¶ 11) After the
dance ended, Mr. Verver kept A.T. for hours and engaged her
in conversation about their "unique
relationship." (Id.) Mr. Verver told A.T. that
"he was worried about his role in her life and was
envious of her parents because A.T. might leave him after
graduation while she would always be her parents'
child." (Id.) Mr. Verver expressed to A.T. that
he was concerned about her future and protective regarding
who she may choose to date or marry. (Id.) Mr.
Verver also shared with A.T. that he was having marital
Verver later confided in A.T. that his wife was pregnant and
that he was "crushed about the news." (Id.
¶ 12.) A.T. also began confiding in Mr. Verver about her
relationships with boys. (Id. ¶ 13.) During one
conversation on this topic, A.T. told Mr. Verver that she was
uncomfortable expressing physical boundaries. (Id.)
In response, Mr. Verver sat next to A.T. and put his hand on
her thigh. (Id.) Mr. Verver asked A.T. whether, if a
date put his hand on her thigh, she would be able to tell him
turned 18 on January 5, 2003. (Id. ¶ 14) Later
that month, she visited Mr. Verver's classroom.
(Id.) Mr. Verver greeted A.T. with a hug and a kiss
on the cheek. (Id.) The next time A.T. saw Mr.
Verver, he asked her how she felt about the kiss he gave her.
(Id.) A.T. told Mr. Verver that it made her nervous.
(Id.) Mr. Verver kissed A.T. on the cheek again.
end of January 2013, A.T. was in Mr. Verver's classroom
on a weekend. (Id. ¶ 15). Mr. Verver told A.T.
he was going to "steal a kiss" and kissed A.T. on
the mouth. (Id.) A.T. became "very upset"
and felt like there was a misunderstanding between her and
Mr. Verver. (Id.) Mr. Verver told A.T. that he was
going to "steal another kiss, " and he kissed her
again. (Id.) Mr. Verver suggested that they move to
the couch, and Mr. Verver kissed A.T. and put his hands up
her shirt. (Id.) A.T. felt "powerless" and
"scared" about making Mr. Verver angry.
(Id.) When A.T. returned home later in the day, she
"hid in the closet and cried uncontrollably."
(Id.) A.T. considered switching out of Mr.
Verver's class, but she was too afraid of the potential
repercussions. (Id.) The next school day, Mr. Verver
pulled A.T. aside and asked her to stop by before school to
discuss what had happened between them. (Id.) Mr.
Verver told A.T. it could never happen again, but then pulled
her in and kissed her saying, "Well, we both knew we
couldn't help ourselves." (Id.)
contact between A.T. and Mr. Verver continued to escalate.
(Id. ¶ 16.) In April 2003, A.T. went to Mr.
Verver's classroom to gather supplies for a car wash.
(Id.) Mr, Verver produced a pack of condoms and
asked A.T. to put one on him. (Id.) A.T. hesitated,
and Mr. Verver asked her, "Do you want me to wear this?
Then put it on me." (Id.) A.T. acquiesced, and
the two had sexual intercourse. (Id.) After this
encounter, Mr. Verver and A.T. had sex on multiple occasions
in his classroom and in other locations in the school.
(Id. ¶ 17.) A.T. told Mr. Verver several times
that she did not want to continue. (Id.) A.T.'s
complaint does not indicate when A.T. and Mr. Verver's
final sexual encounter occurred, but A.T. does not allege any
sexual contact after 2003.
2016, A.T. brought suit against Mr. Verver, the Everett
School District, and district superintendent Carol Whitehead
under 42 U.S.C. § 1983. A.T. claims that Mr. Verver
sexually "groomed" and assaulted A.T. in violation
of the Ninth and Fourteenth Amendments of the United States
Constitution. (Id. ¶ 23.) A.T. seeks
compensatory and punitive damages for the violation of her
constitutional rights as well as "mental anguish and
emotional distress." (Id. ¶¶ 21-22.)
considering a motion to dismiss under Federal Rule of Civil
Procedure 12(b)(6), the court construes the complaint in the
light most favorable to the non-moving party. Livid
Holdings Ltd. v. Salomon Smith Barney, Inc., 416 F.3d
940, 946 (9th Cir. 2005). The court must accept all well-pled
facts as true and draw all reasonable inferences in favor of
the plaintiff. Wyler Summit P'ship v. Turner Broad.
Sys., Inc.,135 F.3d 658, 661 (9th Cir. 1998). "A
claim may be dismissed under Rule 12(b)(6) on the ground that
it is barred by the applicable statute of limitations only
when 'the running of the statute is apparent on the face
of the ...