5 separate lawsuits have been filed by Denver’s Top Trial Lawyer James Avery on behalf of victims for damages concerning sexual misconduct suffered as minors at the hands of “persons in a position of trust” and organizations responsible: Cherry Creek School District, Aurora Public School District, Boulder Valley School District, and Highlands Ranch Community Assoc. One teacher raped a student on the campus by a teacher at Colorado Academy (Lakewood, CO), one guidance counselor at Rangeview High School (Aurora, CO), one a basketball coach at Broomfield High School (Boulder County, CO), one a basketball coach at Smoky Hill High School, and one a coach at Highlands Ranch Northridge Community Center.
Breaking news: Sep. 21, 2022-Avery Law Firm secures ruling in Arapahoe County District Court (Norris v. Cherry Creek School District-Judge Peter Michaelson) that the Child Sex Abuse Accountability Act is constitutional. See Link for details.
Click links for case filings.
PRESS RELEASE-for immediate publication
January 28, 2022
Subject: COLORADO’S NEW CIVIL CAUSE OF ACTION ALLEGING SEXUAL MISCONDUCT AGAINST MINOR: CASE FILINGS AGAINST CHERRY CREEK SCHOOL DISTRICT, BOULDER VALLEY SCHOOLS, AURORA PUBLIC SCHOOLS, HIGHLANDS RANCH COMMUNITY ASSOCIATION, AND COLORADO ACADEMY
Contact: James W Avery, Denver Trial Lawyer
DENVER INJURY LAW, LLC
201 Columbine St., Ste. 150 #6888
Denver, CO 80206
Ph. 303-840-2222 (M-F, 9a-6p). 720-507-8773 (after hours)
Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed multiple civil causes of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088) governing Sexual Misconduct Against Minors, the Child Sex Abuse Accountability Act, Colo. Rev. Stat. 13-20-1202 (eff. 1/1/22).
- Case filed in Arapahoe County District Court-Centennial, Colorado (Case No. 2022cv30137) on behalf of Cydny Norris (a former student at Smoky Hill (Aurora, CO) High School) against Cherry Creek School District and Perry Weisman, Sandy Smith, and Anton Durall Kaempfer (all former Smoky Hill High School counselors or teachers).
Plaintiff Cydny Norris, age 59, claims that she was groomed beginning in 1975 at Campus Middle School, age 12 and sexually abused as a minor (ages 14-17) for years (1977 to 1980) by Defendant Anton Durall Kaempfer, age 31, a person in a position of trust as her guidance counselor, at Cherry Creek Schools’ Smoky Hill High School. Kaempfer, an adult, now age 77, was not reported and not charged at the time of the offense, although Norris alleges other counselors and teachers were aware of the misconduct. Norris complained to law enforcement in 2015 and Boulder Sheriff Office refused to take a complaint. Norris has never been informed of any investigation by Cherry Creek School District, although she believes the misconduct was reported to the School District by a whistle blower in 1993.
- Case filed in Boulder County District Court-Boulder, Colorado (Case No. 2022cv30042) on behalf of Brian Coursey (a former student athlete at Broomfield (CO) High School) against Boulder Valley School District and Robert T. Osborne, Jr. (a former freshman basketball coach at Broomfield High)
Plaintiff Brian Coursey, age 47, claims that he was sexually abused as a minor (ages 14-15) for years (1989-90) by Defendant Robert T. Osborne, Jr., age 40, a person in a position of trust as his freshman basketball coach, at Boulder Valley School’s Broomfield High School. Osborne, an adult, was not reported and not charged at the time of the offense.
Coursey complained to law enforcement in 1993 and Osborne was found guilty of charges related to sexual assault on a child and sentenced to jail. Coursey has never been contacted by Boulder Valley School District, although he believes the School District was contacted by the Boulder Sheriff Office at the time of his complaint.
3 Case filed in Arapahoe County District Court-Centennial, Colorado (Case No. 2022cv30065) on behalf of Angelica Saupe (a retired Colorado 911 dispatcher) against Aurora Public Schools and David James O’Neill Jr (a former Rangeview High School basketball/softball coach, Fellowship of Christian Athletes leader, and campus monitor).
Plaintiff Angelica Saupe, age 35, claims that she was sexually abused as a minor (ages 14-17) for years (2000-2004) by Defendant David James O’Neill Jr., age 64, person in a position of trust as her basketball coach, at Aurora Public School’s Rangeview High School. O’Neill, then age 44, was not reported and not charged at the time of the offense. Saupe complained to law enforcement in 2007, at age 20, and was told charges would not be filed. Saupe has never been contacted by Aurora Public Schools, although she believes the School District was contacted by Aurora Police at the time of her complaint.
4. Case filed in Douglas County District Court-Castle Rock, Colorado (Case No. 2021cv31001) on behalf of Emily Stanton (a Colorado nurse) against Highlands Ranch Community Association, Matt Muller (HRCA Supervisor) and William Fearing (a former Highlands Ranch Community Association racquetball program director and coach of youth leagues).
Plaintiff Emily Stanton, age 24, claims that she was sexually abused as a minor (ages 15-17) for years (2011-2013) by Defendant William Fearing, age 74, person in a position of trust as her racquetball coach, at Highlands Ranch Community Association’s Northridge Community Center. Fearing was supervised by Defendant Matt Muller, who was warned by another coach (an adult female) that the relationship between Fearing and his minor girl assistants (including Emily Stanton, age 14) was suspicious. William Fearing, then age 66, was not reported and not charged at the time of the offense. Stanton complained to law enforcement in 2018, at age 22, and Fearing was charged with and convicted of sex assault against a minor by a person in a position of trust and pattern of abuse. Fearing, who was sentenced to 6 years jail time in May 2019 by a Douglas County judge, is serving time in evenings at Douglas County community corrections, and is already eligible for parole.
5. Case filed in Boulder County District Court-Boulder, Colorado (Case No. 2022cv30001) on behalf of Kate McPhee (a Vermont artist) against John Kelly (a prominent Aspen, CO photographer and former Colorado Academy teacher), Albert Brown (member of the iconic Brown family that helped establish Aspen Skiing Company),Darcey Brown (former teacher at Colorado Academy now residing in Moab, UT and member of the iconic Brown family), Bruce Cranmer (a Boulder resident and former C.U. Nordic Ski Coach), Alan Cranmer, Jeanie Cranmer Clark and Mark Clark.
The lawsuit alleges that claimant Kate McPhee, age 15, was raped on the campus of Denver prep school Colorado Academy (CA) by one of its teachers, John Kelly (a history teacher at CA) then serially raped over the course of 3 weeks in the summer of 1977 on a Grand Canyon River trip supervised by the other adults. McPhee alleges a pattern of grooming and sexual misconduct by persons in a position of trust. She claims that alcohol and illicit drugs were provided to her and another teenage girl by the adults on the river trip, then she was serially raped by Kelly with the knowledge and consent of the other adult chaperones. The matter was never reported to police by the adults and only recently investigated by Colorado Academy after McPhee answered an open letter by CA seeking other victims who were abused by another of its teachers.
The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at $500,000 or $1,000,000 depending on the knowledge of the organization, $424,000 or $1,195,000 against public entities.
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenal to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.” [end]
See full story here: https://denverinjurylaw.co/blog-2/
If you have information concerning any act of sex abuse of a minor by a ‘person in a position of trust’ in Colorado, please contact Denver trial lawyer James Avery at ph. 303-840-2222 or via the online contact form below.