Camelo V BWRSD Complaint

Case 1:19-cv-00660-WES-PAS DocumentCOUNTY
PRovaNCE/BRISTOL 5 Filed 12/26/19

SUPERIOR COURTPage 1 of 42 PageID #: 35
SC DOCKET SHEET
CASE N0. PC-2019-11806
Michael Camelo,JODI CAMELO,PARKER CAMELO § Providence/firistol County
Location. '
V- § Superior Cofirt
Bristol Warren Regional School District,RAQUEL § Filed on: 12/16/2019 'l
PELLERH‘LCHRISTINE HOMENMARIO § US District Court Case 1:19-cv-00660

ANDRADE,BRISTOL WARREN REGIONAL SCHOOL § Number: I
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COMMITTEE,BRIAN BRADHAW,ERIN l
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SCHOFIELD I
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CASE INFO KMATION !

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Statistical Closures Case Type: CivilAction !

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12/24/2019 Closed-Non TriaJ~Unassigned-Removcd to Federal Cc urt I

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C ase =
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12/24/2019 Cflosed
Status:
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DATE CASE Ass GNMENT 'l

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Current Case Assignment

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Case Number PC-2019-1 1806 ! ,1
Court Providence/Bristol County Superior Court |

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Date Assigned 12/16/2019

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PARTY INFORMATION l
Lead Agtorneys
Plaintiff CAMELO, JODI BELL, BRANDON S.
'-
Retained
4012748800 x000(W)
Camelo, Michael BELL,

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BRANDON S.
Retained
4012748800 x000(W)
CAMELO, PARKER BELL',

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BRANDON S.
Retained
4012748800 x000(W)
ANDRADE, MARIO
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Defendant
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BRADHAW, BRIAN I
BRISTOL WARREN REGIONAL SCHOOL COMMITTEE '
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Bristol Warren Regional School District I
HOMEN, CHRISTINE
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PELLERIN, RAQUEL !
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SCHOFIELD, ERIN I
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DATE EVENTS & ORDERS 3F THE COURT E
EVENTS a
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12/24/2019 Closed-Non Trial-Unassigncd-Rcmovcd to Federal Court i

:-
12/24/2019 Case Removed to US District Court I
12/20/2019 rINouceorRemoval
Defendants’Notice ofRemoval - Notice to Statt Court
12/16/2019 Ea Summons
PAGE l 2 Printed 0n 12/24/2019 at 12:32 PM

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Page 1
12/16/2019 E
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Case 1:19-cv-00660-WES-PAS
WWI
Document COUNTY
PROVIDENCE/BRISTOL
complaint Filed
5 Filed 12/26/19
SUPERIOR
SC DOCKET SHEET
COURTPage 2 of 42 PageID #: 36
CASE N0. PC-2019-11806
Complain!
PAGE 2 OF 2 Prinllted on 12/24/2019 at 12:32 PM

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Case 1:19-cv-00660-WES-PAS Document 5 Filed 12/26/19 Page 3 of 42 PageID #: 37
Honor
STATE OF RHgDE ISLAND

AND PROVIDENC PLANTATIONS '
CLERK’S CERTIFICATE AND TWSMITTAL OF THE RECORD

b
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Case Infbrmation‘
Case Caption:
M'Chael camelo V .
Bristol Warren Regional Schooll District
Federal Court Case No. 1 :1 Q'CV'OQBSO St te Court Case No.

PC'201 9'1 1806
Confidential: YesD No Jescription:
Sealed documents: YeSD No Description: «'
'
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C‘erfifi‘éafimi
carOI MaCIean
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l, , Clerk of the hode Island Superior Court for the County of
,
PFOVidence do certify that the attached documents are all the docur'nents
included in the record in the above referenced case.
Clerk: l
Date; Dec/z4/2019 ,learOI Maelean
Prepared by: l
,S,ZOIIa Corporan i
Page 3
Case Number: PC-2019-1 1806
Filed in Providence/Bristol County Superior Court
Case 1:19-cv-00660-WES-PAS
PM
Submitted: 12/20/2019 2:57 Document 5 Filed 12/26/19 Page 4 of 42 PageID #: 38
Envelope: 239371 6
Reviewer: Alexa G.
STATE OF RHODE ISLAND SUPERIOR COURT

PROVIDENCE, SC.
MICHAEL CAMELO and JODI CAMELO,

friends of PARKER CAMELO
As parents and next
Plaintififs‘,
VS. C.A. N0. PC-2019-1 1806
BRISTOL-WARREN REGIONAL
SCHOOL DISTRICT, by and through its Director 0f
Finance RAQUEL PELLERIN; CHRISTINE HOMEN,
Individually; MARIO ANDRADE, Individually; BRISTOL
WARREN REGIONAL SCHOOL COMMITTEE by and
Through its Treasurer, BRIAN BRADSHAW; ERIN
SCHOFIELD, individually; JOHN DOES 1-100
Defendants.
NOTICE OF FILING PETITION FOR REMOVAL
TO: Clerk’s Office (See also those listed under

Providence County Superior Court Certification of Service)
Licht Judicial Complex
Providence, RI 02903
Please take notice that Defendants — Bristol-Warren Regional School District, by and
through its Director 0f Finance Raquel Pellerin, Christine Homen, Individually Mario Andrade,
Individually Bristol Warren Regional School Committee by and through its Treasurer, Brian
Bradshaw, Erin Schofield has this day filed in the United States District Court for the District 0f
Rhode Island a Petition for Removal of the above-entitled action from the Providnece County
Superior Court to the United States District Court for the District of Rhode Island pursuant to 28
U.S.C. §§ 1441 and 1446.
Dated this 20th day 0f December 2019.
Defendants,
By their Attorney,
Page 4
Case Number: PC-2019-1 1 806
Submitted: 12/20/2019 2:57 PM
Envelope: 239371 6
Reviewer: Alexa G-Doe Warren Regional School District
(Camelo) v. Bristol
CA. N0. PC—2019-11806
/s/ Marc DeSisto

Marc DeSisto, Esq. (#2757)
DeSisto Law LLC
60 Ship Street
(401) 272-4442
marc@desistolaw.com
CERTIFICATION OF SERVICE
Ihereby certify that on this 20th day of December 2019, the within document has been e—
filed and served through the Superior Court’s Electronic Filing System and is available for
Viewing and downloading from the Court’s EFS system. In addition, service on the counsel of
record, as listed below, will be effectuated by electronic means:
Brandon S. Bell, Esq.

bbell@f0ntainebell.com
Timothy P. Frawley, Esq.
/s/Marc DeSisto
Page 2 of 2
Page 5
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STATE 0F RHODE ISLAND AND PROVIDENCE PLANTATIONS
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SUPERIOR COURT
SUMMONS
Civil Action File Number
PC-2019-1 1806
Plaintiff Attorney for the Plaintiff 0r the Plaintiff
Michael Camelo Brandon S. Bell
V. Address of the Plaintiff’s Attorney 0r the Plaintiff
Defendant FONTAINE BELL LLP
Bn'stol Warren Regional School District ONE DAVOL SQUARE
PROVIDENCE RI 02903
Licht Judicial Complex Address of the Defendant

Providence/Bristol County No Known Address
250 Benefit Street
Providence RI 02903
(401) 222-3250
TO THE DEFENDANT, ERIN SCHOFIELD:

The above-named an action against you in said Superior Court in the county
Plaintiff has brought
indicated above. You are hereby summoned and required to serve upon the Plaintiff’s attorney, whose
address is listed above, an answer t0 the complaint which is herewith served upon you within twenty (20)
days after service 0f this Summons upon you, exclusive of the day of service.
If you d0 so, judgment by default will be taken against you for the
fail t0 relief demanded in the
complaint. Your answer must also be filed with the court.
As provided Rule 13(a) of the Superior Court Rules of Civil Procedure, unless the relief demanded in
in
the complaint is damage arising out 0f your ownership, maintenance, operation, or control 0f a motor
for
vehicle, 0r unless otherwise provided in Rule 13(a), your answer must state as a counterclaim any related
claim Which you may have against the Plaintiff, or you Will thereafter be barred from making such claim in
any other action.
This Summons was generated on 12/ 16/2019. /s/ Henry Kinch

Clerk
Witness the seal/watermark of the Superior Court
SC-CMS-l (revised July 2014)
Page 6
STATE OF RHODE ISLAND AND J‘N‘“ r

How PROVIDENCE PLANTATIONS
ODE 159
SUPERIOR COURT
Plaintiff Civil Action File Number
Michael Camelo PC—20 1 9-1 1806
V.
Defendant
Bristol Warren Regional School District
PROOF 0F SERVICE
I hereby certify that on the date below I served a copy of this Summons, complaint, Language Assistance
Notica, and all other required documents received herewith upon the Defendant, ERIN SCHOFIELD, by
delivering or leaving said papers in the following manner:
U With the Defendant personally.

U At the Defendant’s dwelling house 0r usual place 0f abode with a person 0f suitable age and discretion
then residing therein.
Name
— of person of suitable age and discretion

Address of dwelling house or usual place of abode
Age
Relationship t0 the Defendant
U With an agent authorized by appointment 0r by law t0 receive service of process.

Name 0f authorized agent
If the agent is one designated by statute to receive service, further notice as required by statute was given
as noted below.
D With a guardian 0r conservator of the Defendant.

Name of person and designation
D By delivering said papers t0 the attorney general or an assistant attorney general if serving the state.
U Upon a public corporation, body, or authority by delivering said papers to any officer, director, or
manager.
Name 0f person and designation
Page 1 of2
Page 7
STATE 0F RHODE ISLAND AND
fl
mp
ODE 159
PROVIDENCE PLANTATIONS
SUPERIOR COURT
Upon a private corporation, domestic or foreign:
U By delivering said papers to an officer or a managing or general agent.
D By leaving said papers at the office 0f the corporation with a person employed therein.
D By delivering said papers to an agent authorized by appointment 0r by law to receive service 0f process.
Name of authorized agent
as noted below.
D I was unable t0 make service after the following reasonable attempts:
SERVICE DATE: / / SERVICE FEE $

Month Day Year
Signature of SHERIFF 0r DEPUTY SHERIFF or CONSTABLE
SIGNATURE OF PERSON OTHER THAN A SHERIFF 0r DEPUTY SHERIFF 0r CONSTABLE MUST BE

NOTARIZED.
Signature
State of
County of
On this day of ,
20 ,
before me, the undersigned notary public, personally
appeared U personally known t0 the notary
or U proved to the notary through satisfactory evidence of identification, which was

,
to be the person who signed above in my presence,
and Who swore or affirmed to the notary that the contents of the document are truthful to the best of his or her
knowledge.
Notary Public:
My commission expires:
Notary identification number:
Page 2 of 2
Page 8
STATE 0F RHODE ISLAND AND m
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SUPERIOR COURT
SUMMONS
o

PC-2019-1 1806
PROVIDENCE RI 02903

250 Benefit Street
Providence RI 02903
(401) 222-3250
TO THE DEFENDANT, BRIAN BRADHAW:

in
for
any other action.

Clerk
Page 9

4o o
ODE 159
SUPERIOR COURT
V.
Defendant
PROOF 0F SERVICE
Notica, and all other required documents received herewith upon the Defendant, BRIAN BRADHAW, by

Name

Age

as noted below.

manager.
Page 1 of2
Page 10

4: o
ODE ‘59
SUPERIOR COURT
as noted below.

Month Day Year

NOTARIZED.
Signature
State of
County of
On this day of ,
20 ,

,
knowledge.
Notary Public:
Page 2 of 2
Page 11
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éODE \sU‘e
SUPERIOR COURT
SUMMONS
PC-2019-1 1806
PROVIDENCE RI 02903

250 Benefit Street
Providence RI 02903
(401) 222-3250
TO THE DEFENDANT, BRISTOL WARREN REGIONAL SCHOOL COMMITTEE:

in
for
any other action.

Clerk
Page 12
STATE 0F RHODE ISLAND AND ”mi dé c a ,

How FROVIDENCE PLANTATIONS
390$ DE |s\
SUPERIOR COURT
Michael Camelo PC-20 1 9-1 1806
V.
Defendant
PROOF OF SERVICE
I hereby certify that on the date below I Summons, complaint, Language Assistance
served a copy of this
Notica, and all other required documents received herewith upon the Defendant, BRISTOL WARREN
REGIONAL SCHOOL COMMITTEE, by delivering 0r leaving said papers in the following manner:

U At the Defendant’s dwelling house 0r usual place of abode with a person 0f suitable age and discretion
Name

Age
Relationship to the Defendant
U With an agent authorized by appointment 0r by law t0 receive service 0f process.

If the agent is one designated by statute t0 receive service, filrther notice as required by statute was given
as noted below.
D With a guardian or conservator of the Defendant.

manager.
Page 1 of2
Page 13
fl
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ODE 159
SUPERIOR COURT
as noted below.

Month Day Year

NOTARIZED.
Signature
State of
County of
On this day of ,
20 ,

,
knowledge.
Notary Public:
Page 2 of 2
Page 14
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éODE \sU‘e
SUPERIOR COURT
SUMMONS
PC-2019-1 1806
PROVIDENCE RI 02903

250 Benefit Street
Providence RI 02903
(401) 222-3250
TO THE DEFENDANT, CHRISTINE HOMEN:

in
for
any other action.

Clerk
Page 15

ODE 159
SUPERIOR COURT
V.
Defendant
PROOF 0F SERVICE
Notica, and all other required documents received herewith upon the Defendant, CHRISTINE HOMEN, by

Name

Age

as noted below.

manager.
Page 1 of2
Page 16
fl
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ODE 159
SUPERIOR COURT
as noted below.

Month Day Year

NOTARIZED.
Signature
State of
County of
On this day of ,
20 ,

,
knowledge.
Notary Public:
Page 2 of 2
Page 17
//\\)D
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éODE \sU‘e
SUPERIOR COURT
SUMMONS
PC-2019-1 1806
PROVIDENCE RI 02903

250 Benefit Street
Providence RI 02903
(401) 222-3250
TO THE DEFENDANT, MARIO ANDRADE:

in
for
any other action.

Clerk
Page 18

ODE 159
SUPERIOR COURT
V.
Defendant
PROOF 0F SERVICE
Notica, and all other required documents received herewith upon the Defendant, MARIO ANDRADE, by

Name

Age

as noted below.

manager.
Page 1 of2
Page 19
fl
mp
ODE 159
SUPERIOR COURT
as noted below.

Month Day Year

NOTARIZED.
Signature
State of
County of
On this day of ,
20 ,

,
knowledge.
Notary Public:
Page 2 of 2
Page 20
'
.’
-u
,

10 Q
6vODE lswe/
SUPERIOR COURT
SUMMONS
PC-2019-1 1806
Bristol Warren Regional School District ONE DAVOL SQUARE
PROVIDENCE RI 02903
Licht Judicial Complex Address 0f the Defendant

Providence/Bristol County 151 State Street
250 Benefit Street Bristol RI 02809
Providence RI 02903
(401) 222-3250
TO THE DEFENDANT, Bristol Warren Regional School District:

The above-named Plaintiff has brought an action against you in said Superior Court in the county
indicated above. You are hereby summoned and required to serve upon the Plaintiffs attorney, Whose
address is listed above, an answer to the complaint which herewith served upon you within twenty (20)
is
days after service 0f this Summons upon you, exclusive 0f the day 0f service.
If you do so, judgment by default will be taken against you for the
fail to relief demanded in the
complaint. Your answer must also be filed With the court.
As provided Rule 13(a) 0f the Superior Court Rules of Civil Procedure, unless the relief demanded in
in
the complaint is damage arising out of your ownership, maintenance, operation, or control 0f a motor
for
vehicle, or unless otherwise provided in Rule 13(a), your answer must state as a counterclaim any related
claim which you may have against the Plaintiff, or you will thereafter be barred from making such claim in
any other action.

Clerk
Page 21
STATE 0F RHODE ISLAND AND ”mi dé c a ,

How FROVIDENCE PLANTATIONS
390$ DE |s\
SUPERIOR COURT
Michael Camelo PC-20 1 9-1 1806
V.
Defendant
PROOF OF SERVICE
Notica, and all other required documents received herewith upon the Defendant, Bristol Warren Regional
School District, by delivering or leaving said papers in the following manner:

U At the Defendant’s dwelling house 0r usual place of abode with a person 0f suitable age and discretion
Name

Age
Relationship to the Defendant
U With an agent authorized by appointment 0r by law t0 receive service 0f process.

If the agent is one designated by statute t0 receive service, filrther notice as required by statute was given
as noted below.
D With a guardian or conservator of the Defendant.

manager.
Page 1 of2
Page 22
fl
mp
ODE 159
SUPERIOR COURT
as noted below.

Month Day Year

NOTARIZED.
Signature
State of
County of
On this day of ,
20 ,

,
knowledge.
Notary Public:
Page 2 of 2
Page 23
STATE 0F RHODE ISLAND AND m
//\\)D
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éODE \sU‘e
SUPERIOR COURT
SUMMONS
o

PC-2019-1 1806
PROVIDENCE RI 02903

250 Benefit Street
Providence RI 02903
(401) 222-3250
TO THE DEFENDANT, RAQUEL PELLERIN:

in
for
any other action.

Clerk
Page 24

4o o
ODE 159
SUPERIOR COURT
V.
Defendant
PROOF 0F SERVICE
Notica, and all other required documents received herewith upon the Defendant, RAQUEL PELLERIN, by

Name

Age

as noted below.

manager.
Page 1 of2
Page 25

4: o
ODE ‘59
SUPERIOR COURT
as noted below.

Month Day Year

NOTARIZED.
Signature
State of
County of
On this day of ,
20 ,

,
knowledge.
Notary Public:
Page 2 of 2
Page 26
Case Number: PC-2019-11806
Case
Submitted: 12/16/2019 1:19-cv-00660-WES-PAS
12:39 PM Document 5 Filed 12/26/19 Page 27 of 42 PageID #: 61
Envelope: 2386255
Reviewer: Bob Q
STATE OF RHODE ISLAND SUPERIOR COURT

SUPERIOR COURT
MICHAEL CAMELO and JODI CAMELO,

as parents and next friends of PARKER CAMELO,
Plaintiffs
v. C.A. No.2
BRISTOL-WARREN REGIONAL
SCHOOL DISTRICT, by and through its Director of
Finance RAQUEL PELLERIN; CHRISTINE HOMEN,
Individually; MARIO ANDRADE, Individually; BRISTOL
WARREN REGIONAL SCHOOL COMMITTEE by and through
its Treasurer, BRIAN BRADSHAW;
ERIN SCHOFIELD, Individually; JOHN DOES 1-100
Defendants
COMPLAINT
This action is commenced by Plaintiffs against all Defendants for a series of violations of
law by Defendants for events related to the minor Plaintiff including but not limited to acts and
omissions that are unlawfill including intentional and negligent conduct as well as depfivations
of the minor’s Constitutional rights.
PARTIES
l. PlaintiffsMichael Camelo and Jodi Camelo are residents of the Town of Bristol, County
of Providence, State of Rhode Island, and bn'ngs this action individually and as parents
and next friends of Parker Camelo, a minor child who, at all material times hereto, was
14 years old and an eighth grader at Kickemuit Middle School which is part of the Bristol
Warren Regional School District.
2. Defendant, Bristol Warren Regional School District (hereinafier “BWRSD), a duly

is
authorized and organized regional school district pursuant to the laws of the State of
Rhode Island and is sued by and through its Superintendent, Dr. Jonathan Brice.
3. Defendant, Bristol Warren School Committee is the public body responsible for
overseeing the Kickemuit Middle School as well as other schools in the BWRSD. Bri stol
Warren Regional School Committee is sued through its duly elected Treasurer, Brian
Bradshaw.
Page 27
Case
Envelope: 2386255
Reviewer: Bob Q
4. Defendant, Mario Andrade, was at all times material hereto, the principal of the
Kickemuit Middle School. He is sued individually and in his capacity as an employee of
BWRSD during the relevant time period of April 2019 to July 2019.
5. Defendant Christine Homen, was at all times material hereto, the principal of the
Kickemuit Middle School. She is sued individually and in her capacity as an employee
of BWRSD during the relevant time period of April 2019 to July 2019.
6. John Does 1-100 are sued individually and in their respective capacities of employees of
BWRSD. They a1] have sufficient minimum contacts with the State of Rhode Island so
as to subject them to the jurisdiction of the Courts.
FACTUAL ALLEGATIONS
7. On or about April 29, 2019 Parker Camelo was removed from Kickemuit Middle School
“pending an investigation into behaviors” per a letter by Defendant, Mario Andrade.
8. Defendant Andrade wrote a letter to Mr. and Mrs. Camelo that “it is necessary to remove
your son from school while the investigation is ongoing.”
9. 0n or around that date, Mr. and Mrs. Camelo met with Defendant Andrade and
Defendant Homen. Defendant Homen claimed she had “many statements” from kids in
an algebra class that Parker had pulled his pants down and exposed his penis to the class.
10. At no time did Defendants share any of the statements or allegations to Plaintiff(s) as
required to satisfy the most basic of their due process rights.
11. 0n or about May 16, 2019, Mr. and Mrs. Camelo received a call from a Detective at the
Warren Police Depanment which essentially was to alert them that Parker would be
arrested forthwith.
12. It was never made what investigative materials the Warren Police Department were
clear
relying on or who made a criminal case referral to them. However, the Warren Detective
relayed that her investigation started as a felony/delinquency sexual predator probe into
Parker and another boy in the aforementioned algebra class.
13. The Detective was quick to relay to Parker’s Attorney that they were not moving forward
on the sex crimes but were still charging Parker with a minimum of disorderly conduct
for alleged behavioral issues in eighth grade algebra class.
14. Later the same day (May 2019) Parker, his parents and counsel met for hours with
16,
Defendant BWRSD’s attorney investigator to answer questions she had regarding
allegations made against Parker. While no documentation was provided to Plaintiffs,
they learned that a student alleging a sexual cn’me against Parker was Defendant, Erin
Schofield’s daughter.
Page 28
Case
Envelope: 2386255
Reviewer: Bob Q
15. It was made very clear in that meeting that the aforementioned attorney investigator did
not believe the sexual criminal allegation against Parker was credible. However, the
Charade continued about what occurred in an eighth grade algebra class in which the kids
were running the classroom with an inexperienced teacher who was herself removed long
after misbehavior by kids became a norm in her classroom.
16. After multiple phone calls, Defendant Andrade authorized the

e-mails and letters,
BWRSD Attorneys to offer what he referred to as restorative justice for Parker and his
“victims.” He sent over a plan which named many students who were allegedly in fear of
Parker. While not going into specifics of the allegations beyond the already debunked
sexual exposure theory, he ofiered to have Parker return to school in late May or early
June under very restrictive conditions including but not limited to no contact orders,
change of academic teams and a rigid program sponsored by the Day One, the state’s
premiere sexual trauma center.
17. In the meantime, throughout late April and all of May, 2019, word was spreading
throughout the towns of Bristol and Warren that Parker was/is a sexual predator. Mrs.
Camelo alerted Defendant Andrade that parents of kids whose names appeared on the
proposed plan were never notified they were placed on the previously mentioned list and
it was vely clear their kids had nothing to do with the alleged wrongdoing by Parker.
This is further proof that BWRSD was trying to cover their tracks.
18. On or about June 4, 2019 a school psychologist at BWRSD sent a notice out to all
BWRSD schools stating in part that the imposition of out—of-school suspensions for
disciplinary infractions that do not meet the parameters set forth in R.I. Gen. Laws § 16-
2-17.] is improper. This employee warned that legal counsel for BWRSD “should be
consulted as to when out-of-school suspensions are permitted.
19. Upon information and belief the aforementioned notice substantially explains the cover-
up that was ongoing and continuing regarding the false allegations and illegal removal of
Parker.
20. Additionally, upon information and belief from Defendant, Mario Andrade’s testimony in
a hearing at Rhode Island Department of Education (RIDE), the Superintendent
acknowledged that he was communicated to and directed by the School Committee
Chairwoman, Defendant Erin Schofield.
21. While this was pending, Plaintiff(s) requested an expedited hearing with RIDE. As RIDE
does not deal with substantive and procedural due process issues, and, as a BWRSD
Attorney suggested that a decision would not be rendered before the end of the school
year, Plaintifi‘(s) were told BWRSD would accommodate Parker in every way by
restoring his grades to his honors’ status,
and assured that there would be no record of the
uncorroborated and false allegations on Parker’s school record.
Page 29
Case
Envelope: 2386255
Reviewer: Bob Q
22. Throughout this process all records, statements and reports were requested by Parker’s
counsel from BWRSD but the only item provided by its counsel was a vague list of
allegations against Parker. Not a single accuser was listed in that document. It is
uncontroverted that nothing in that list (even if one was to assume the allegations were
true)would have risen to the level of removal, in school or out of school suspension. It is
contended that even detention would not be in order under the allegations presented.
23. Throughout this process it took an inordinate amount of time for a tutor to be assigned to
Parker. While he was eventually, in a non-timely fashion, provided a tutor, BWRSD
failed to provide a competent algebra tutor which resulted in an incomplete grade,
through no fault of Parker or his parents.
24. BWRSD Administration published a document for Kickemuit Middle School which
serves as a handbook regarding policies and it contains a code of discipline which
appears to be last revised on or about June 22, 2015.
25. BWRSD published a “Bullying Policy” which was adopted on July 2012 and we
16,
recently revised on February 25, 2019. The February 2019 date of publication happened
to coincide with a January 3 l, 2019 televised and printed report by WPRI, Providence
Journal, ct a1. about teacher sick-outs resulting in cancelled classes due to “escalating
behavior of students.” The publicity and the incidents surrounding that media frenzy had
nothing to do with Parker Camelo.
26. The question came up on several occasions as to whether Parker was being used as a
scapegoat only 2 plus months afier that negative reporting about Kickemuit Middle
School.
27. No answers have been given. Parker is currently in high school after having missed his
eighth grade graduation, baseball season and, much more importantly, he continues to
have a large cloud over him which is humiliating and debilitating to him, his parents and
his siblings.
COUNT I-NEGLIGENCE
28. Plaintiff repeats and realleges each ofthe foregoing allegations in Paragraphs 1 through
27 as if fiJlly stated herein.
29. Defendants had a duty of care to prevent injuries to students in the BWRSD school
system.
30. Defendants were ofi'lcials of the BWRSD who had authority to institute measures and
procedures to properly train and instruct employees and students to prevent injuries to
other students.
Page 30
Case
Envelope: 2386255
Reviewer: Bob Q
3 1. Defendants knew or should have known of the dangers posed to a student such as Parker
Camelo yet they made not effort to property protect Parker from such dangers.
32. Defendants failed to properly select, train, instruct and supervise BWRSD
employee's/Defendants responsible for the care and safety of Parker Camelo and failed to
promulgate and enforce measures to protect Parker from physical and emotional injury.
33. Defendants’ acts and/or omissions, including but not limited to those described herein,
were taken with deliberate indifference to and/or with reckless disregard of the
substantial risk of harm posed to Parker Camelo and/or with negligent and gross
disregard of the substantial risk of harm posed to Parker.
34. At all times relevant hereto, the Defendants acted intentionally, willfully, recklessly,
negligently and/or with reckless disregard of or deliberate indifference for Parker
Camelo’s safety and wellbeing. Furthermore, at all times relevant hereto, the Defendants
knew or should have known that their conduct would cause or contribute to the injuries
sustained by Parker Camelo.
35. Defendants, by their individual and concerted acts and omission, including but not
limited to those described herein, failed and/or refused to exercise reasonable care to
protect Parker Camelo from reasonably foreseeable harm, causing Plaintifi‘ to suffer
damages as aforesaid.
36. As a direct and proximate result of the Defendants’ acts and/or omissions, including but
not limited to those described herein, PaIker Camelo has suffered and will continue to
suffer severe and permanent injuries to his reputation, severe mental anguish, pain and
suffering, and he has been otherwise greatly injured and damnified.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendants
and provide Plaintiff with the following relief:
A. Monetary damages including punitive damages for Defendants’ actions in their individual
capacities for their reckless and/or negligence actions in these false allegations and the
way in which it was mishandled by all Defendants;
B. An order that any and all academic records be expunged, destroyed in addition to a public
apology for the way in which the child and his family were treated;
C. Plaintiff’s reasonable attorneys fees, costs, and other costs and disbursements made
necessary by these actions;
D. All other further relief to which Plaintiff may be entitled.
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COUNT II-NEGLIGENCE—RE§PONDEAT §UPERIOR
37. Plaintiff repeats and realleges each of the foregoing allegations in Paragraphs 1 through
36 as if fully stated herein.
38. Defendants, by their individual and concerted acts and/or omissions, including but not
limited to those described herein, are liable under the doctrine of Respondeat Superior for
the negligence of their agents. whose negligence within the scope of their employment
was the proximate cause of the injun'es suffered by Parker Camelo.
not limited to those described herein, Parker Camelo has suffered and will continue to
A. Monetary damages including punitive damages for Defendants’ actions in their individual
capacities for their reckless and/or negligence actions in these false allegations and the
way in which it was mishandled by all Defendants;
An order that any and all academic records be expunged, destroyed in addition to a public
apology for the way in which the child and his family were treated;
Plaintiff’s reasonable attorneys fees, costs, and other costs and disbursements made
All other further relief to which Plaintifi‘ may be entitled.
C0 NT III-GROS NEGLIGENCE/RECKLESS CONDUCT
limited to those described herein, including their gross negligence and reckless conduct,
failed or refused to exercise reasonable care to protect Parker Camelo from reasonably
foreseeable harm causing Plaintiff to sufl‘er severe damages.
42. As a direct and proximate of the Defendants’ acts and/or omissions, including but
result
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A. Monetary damages including punitive damages for Defendants’ actions in their

individual capacities for their reckless and/or negligence actions in these false
allegations and the way in which it was mishandled by all Defendants;
B. An order that any and academic records be expunged, destroyed in addition to a

all
public apology for the way in which the child and his family were treated;
COUNT IV-NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
42 as if fillly stated herein.
limited to those described herein, negligently disregarded the probability of causing
severe emotional distress and bodily harm to Parker Camelo, causing him to sufi‘er severe
damages.
A. Monetaxy damages including punitive damages for Defendants’ actions in their

B. An order that any and all academic records be expunged, destroyed in addition to a
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D. A11 other further relief to which Plaintiff may be entitled.
COUNT V-NEGLIGENT HIRING AND TRAINING
47. At all times relevant and material hereto, Defendant, BWRSD, by

and through its
Superintendent and employees, agents and servants, owed a duty of care to prevent harms
to students including but not limited to Parker Camelo by and through the proper hiring
and training of its employees and staff.
48. At all times relevant and material hereto, Defendant, BWRSD, by and through its
Superintendent and employees, agents and servants, breached its duty of care to Parker
Camelo by failing ot hire and train its employees and staff in such a manner that would
allow for the promulgation and enforcement of measures that would prevent and/or
protect the minor Plaintiff from being falsely accused and the cover-up that ensued after
the false accusations were widespread.
49. As a direct and proximate result of the Defendants’- acts and/or omissions, including but
not limited to those described herein, Parker Camelo has sufi‘ered and will continue to
sufi‘en'ng, and he has been otherwise greatly injured and damnified.
WI-IEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendants

An order that any and all academic records be expunged, destroyed in addition to a
All other further relief to which Plaintiff may be entitled.
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CO NT VI-NEGLIGENT UPERVISION
50 Plaintiff repeats and realleges each of the foregoing allegations 1n Paragraphs 1 through
5 1. At all times relevant and material hereto, Defendant, BWRSD, by and through its
Superintendent and employees, agents and servants, owed a duty of care to prevent harms
to students including but not limited to Parker Camelo by and through the proper
supervision and training of its employees and staff.
52. At all times relevant and material hereto, Defendant, BWRSD, by and through its
Superintendent and employees, agents and servants, breached its duty of care to Parker
Camelo by employees and staff, or ensure that others did so on its
failing to supervise its
behalf, in such amanner that would allow for the promulgation and enforcement of
measures that would prevent and/or protect the minor Plaintiff from being falsely accused
and the cover-up that ensued after the false accusations were widespread.
WI-IEREFORE, Plaintiff respectfully requests that this Court enterjudgment against Defendants

individual capacifies for their reckless and/or negligence actions in these false
D. A11 other further relief to which Plaintiff may be entitled.
COUNT VH-INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

54. Plaintiff repeats and realleges each of the foregoing allegations in Paragraphs l through
limited to those described herein which were extreme and outrageous, were virtually
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certain and/or in reckless disregard of the probability of causing severe emotional distress
and bodily harm to Parker Camelo causing him to suffer severe damages.
56. As a direct and proximate of the Defendants’ extreme and outrageous conduct,
result
including but not limited to those described herein, Parker Camelo has suffered and will
continue to suffer severe and permanent injuries to his reputation, severe mental anguish,
pain and sufi‘ering, and he has been otherwise greatly injured and damnified.

individual capacities for their intentional and/or reckless actions in these false
A11 other further relief to which Plaintiff may be entitled.
COUNT VHI-DENIAL OF FREEDOM OF EXPRESSION
58. By penalizing Parker’s grades, filing egregious sexual charges against him, denying his
graduation and denying him the opportunity to finish his baseball season, among other
things, Defendants have, by policy and practice, deprived Plaintifi‘ of the ability to freely
express himself and get the benefits that all other public school students are entitled to in
Rhode Island, a comprehensive education.
59. Defendants, acting under color of state law and according to policy and practice, have
explicitly and implicitly discriminated against Plaintiff on the basis of false allegations
and depn’ved Plaintiff his clearly established fights to freedom of speech and expression
secured by the First Amendment to the United States Constitution and Article 1 Section
21 of the Rhode Island Constitution as well as the BWRSD/Kickemuit policy manual.
60. Parker Camelo was scheduled to finish his eighth grade year and walk on the graduation
stage as well as play baseball with his peers in April, May and June 2019. However,
Defendants’ actions have delayed his academic and social progress.
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61. As a direct and proximate result of Defendants’ action, Plaintiff has sufi‘ered and
continues to suffer mental and physical injuries and irreparable harm.
62. He therefore is entitled to an award of monetary damages including punitive damages and
equitable Pursuant to 42 U.S.C. §§ 1983 and 1988, as well as the Rhode Island
relief.
Civil RightsAct of 1990, Plaintiff is entitled to an award of monetary damages in an

amount to be determined by the evidence as well as reasonable costs of this litigation
including his reasonable Attorneys fees.
A. Monetaxy damages including punitive damages for Defendants’ actions in their

An order that any and allacademic records be expunged, destroyed in addition to a

Plaintiff's reasonable attorneys fees, costs, and other costs and disbursements made
All other further relief to which Plaintiff may be entitled.
COUNT lx-DENIAL 0F FREEDOM 0F EXPRESSION—COMPELLED
64. By penalizing his grades, filing criminal charges against him, denyinghis graduation,
denying him the privilege of completing his baseball season, among other things,
Defendants, by policy and practice, compelled Plaintiff to express ideas that are contrary
to their own policy and practice.
65. Defendants, acting under the color of state law and according to policy and practice,
compelled Parker Camelo to be falsely accused both civilly and criminally depriving him
of his clearly established right to freedom of expression secured by the First Amendment
to the United States Constitution and Article 1 §21 of the Rhode Island Constitution as
well as the BWRSD Policy.
66. Parker was scheduled to finish his eighth grade year in June 2019. Based on Defendants’
conduct and actions they have delayed his academic progress.
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67. Because of Defendant’s actions, Plaintiff has suffered and continues to suffer economic
injury and irreparable hann. He, therefore, is entitled to an award of monetary damages
including punitive damages and equitable relief.
68. Pursuant to 42 U.S.C. §§ 1983 and 1988, and the Rhode Island Civil Rights Act of 1990,
an award of monetary damages in an amount to be determined by
Plaintiff is entitled to
the evidence and this Court and the reasonable costs of this lawsuit including reasonable
attorney fees.

individual capacities for their intentional and/or reckless actions in these fal se
D. Al] other further relief to which Plaintiff may be entitled.
COUNT X-VIOLATION OF PLAINTIFF’S RIGHT TO EQUAL PROTECTION

OF THE LAW
69. Plaintiff repeats and realleges each of the foregoing allegations in Paragraphs l through
70. By denigrating Plaintifi‘s’ rights, penalizing his grades, trumping up charges against him,
denying his graduation, and denying him the opportunity to complete his baseball season,
Defendants have treated Parker Camelo differently than similarly situated eighth graders.
Defendants’ deprived Plaintiff by not informing him of the fact that they knew the
heinous allegations against him were unfounded in every way by BWRSD and each and
every named Defendant as well as the Warren Police Department.
71. Defendants, acting under color of state law, and according to policy and practice, have
engaged and have therefore deprived Plaintiff of his
in actions that are discriminatory
clearly established equal protection rights guaranteed by the Fourteenth Amendment of
the United States Constitution and Article 1 § 21 of the Rhode Island Constitution and the
policies adopted by the BWRSD and very recently re-affirmed in February 2019.
72. Parker was scheduled June 2019, however,

to graduate with his classmates in
Defendants’ action have delayed his academic progress as he did not receive proper
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tutoring and is still left without grades as promised repeatedly by the Superintendent to
Parker who is an honors student.
73. Parker, in the relevant timeframe, through his parents and counsel, tried to return to
school but his request was denied without unreasonable and unconscionable conditions.
74. Because of Defendants’ actions, Plaintiff has suffered and continues to suffer irreparable
harm. He is therefore entitled to an award of monetary damages including punitive
damages and equitable relief.
75. Pursuant to 42 U.S.C. §§ 1983 and 1988, and the Rhode Island Civil Rights Act of 1990,
Plaintiff is entitled to an award of monetary damages in an amount to be determined by
the evidence as well as reasonable costs of this litigation including reasonable attorney
fees.

An order that any andacademic records be expunged, destroyed in addition to a

all
A11 other further relief to which Plaintiff may be entitled.
CQUNT XI-PROCEDQRAL DUE PROCESS VIOLATIONS
77. Parker’s Constitutional rights were violated by failing to provide sufficient notice of the
conduct prohibited by the school, i.e., allegations, statements, names of accusers,
times/dates of alleged offenses guaranteed by 42 U.S.C. § 1983, the Due Process Clause
of the Fourteenth Amendment of the United States Constitution and Article 1 § 2 of the
Rhode Island Constitution in addition to BWRSD and Kickemuit’s own procedures and
policies which require notice of the prohibited conduct and of the proposed resulting
action.
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78. By sweeping this under the tug and allowing these heinous allegations to fester, the
Defendants have violated Parker’s rights guaranteed by 42 U.S.C. § 1983, the Due
Process Clause of the Fourteenth Amendment to the United States Const itution and
Article l § 2 of the Rhode Island Constitution in addition to BWRSD and Kickemuit’s
own procedures and policies which require notice of the prohibited conduct and of the
proposed resulting action.
79. By the failure of BWRSD to provide notice and an opportunity to be heard on the
substantive issues, the Defendants have violated the rights guaranteed to Parker by 42
U.S.C. § 1983, the Due Process Clause of the Fourteenth Amendment to the United
States Constitution and Article 1 § 2 of the Rhode Island Constitution in addition to
BWRSD and Kickemuit’s own procedures and policies which require, at a minimum,
conformance with their own procedures.
80. By failing to allow Parker, by and through counsel, to question the alleged victims of his
alleged conduct, the Defendants have violated the rights guaranteed to Parker by 42
U.S.C. § 1983, the Due Process Clause of the Fourteenth Amendment to the United
States Constitution and Article 1 § 2 of the Rhode Island Constitution in addition to
BWRSD and Kickemuit’s own procedures and policies.
81. By failing to provide Plaintiff with written statements and documentation which would
attempt to substantiate these false claims, the Defendants have violated Plaintifi" s fights
guaranteed by 42 U.S.C. § 1983, the Due Process Clause of the Fourteenth Amendment
to the United States Constitution and Article 1 § 2 of the Rhode Island Constitution in
addition to BWRSD and Kickemuit’s own procedures and policies which all require a
record of proceedings and evidence presented.
82. By failing to provide Plaintiff with the basis of Defendants’ decision to remove Parker
from school the Defendants have violated Plaintiff’s rights guaranteed by 42 U.S.C. §
1983, the Due Process Clause of the Fourteenth Amendment to the United States
Constitution and Article 1 § 2 of the Rhode Island Constitution in addition to BWRSD
and Kickemuit’s oWn procedures and policies which all require written findings of fact
and reasons for decisions for out-of-school suspensions and removals.
83 .
By failing to provide any procedure to Plaintiff before he was depn'ved of his right to
return to school after removal, Defendants have violated Plaintiff’s rights guaranteed by
42 U.S.C. § 1983, the Due Process Clause of the Fourteenth Amendment to the United
States Constitution and Article l § 2 of the Rhode Island Constitution in addition to
BWRSD and Kickemuit’s own procedures and policies which all require written findings
of fact and reasons for decisions for out-of—school suspensions and removals.
84. As a direct and proximate result of Defendants’ actions, Plaintiff has suffered and
continues to suffer economic injuries and irreparable harm which entitles him to an award
of monetary damages, including punitive damages and equitable relief.
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An order that any and academic records be expunged, destroyed in addition to a

all
C. Plaintist reasonable attorneys fees, costs, and other costs and disbursements made
COUNT XII-CONSPIRACY TO VIOLATE CIVIL RIGHTS 42 U.S.C. 1985
86. Defendants, acting under color of law and in concert with one another and with others
employed by BWRSD and elected members of the BWRSC, and by way of conspiracy
among them, have caused Plaintiff to be denied his freedom of speech and due process
rights on account of false heinous accusations against him subjecting him to legally
unjustified and discriminatory censorship, academic sanctions, public humiliation and
unfair process. The supervisory Defendants had knowledge of the conspiracy to violate
Plaintist civil rights and of the violations committed and had power to prevent these
wrongs but neglected to and/or refused to do so in violation of 42 U.S.C. § 1985.
87. Defendants’ acts were done in knowing violation of Plaintiff’s legal and constitutional
rights and have directly and proximately caused Plaintiff” s humiliation and mental pain
and suffering.

B. Punitive or exemplary damages as appropriate to punish Defendants for their malicious

conduct, conduct that shocks the conscience, reckless conduct and or callous
indifference to the statutorily and or common law protected rights of Plaintiff;
15
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D. Plaintiff’s reasonable attorneys fees, costs, and other costs and disbursements made
E. All other further relief to which Plaintiff may be entitled.
DEMAND FOR JURY TRIAL

Plaintiff hereby demands a jury trial on all issues and hereby designates Attorney
Brandon S. Bell and Attorney Timothy P. Frawley as trial counsel.
Plaintiff
Michael Camelo and Jodi Camelo
As parent and next friends of Parker Camelo
By their Attorneys,
/s/ Brandon S. Bell

/s/ Timothy P. Frawley
Brandon S. Bell, Esquire, #5871

Timothy P. Frawley, Esquire, #8750
FONTAINE BELL, LLP
One Davol Square, Penthouse
(401) 274-8800
(401) 274-8880 (Facsimile)
bbelMDl‘omainebelI‘com
16
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Case 1:19-cv-00660-WES-PAS DocumentCOUNTY

PRovaNCE/BRISTOL 5 Filed 12/26/19

PELLERH‘LCHRISTINE HOMENMARIO § US District Court Case 1:19-cv-00660

CASE INFO KMATION !

Statistical Closures Case Type: CivilAction !

12/24/2019 Closed-Non TriaJ~Unassigned-Removcd to Federal Cc urt I

DATE CASE Ass GNMENT 'l

Current Case Assignment

Case Number PC-2019-1 1806 ! ,1

Court Providence/Bristol County Superior Court |

Date Assigned 12/16/2019

Camelo, Michael BELL,

CAMELO, PARKER BELL',

BRISTOL WARREN REGIONAL SCHOOL COMMITTEE '

Bristol Warren Regional School District I

DATE EVENTS & ORDERS 3F THE COURT E

12/24/2019 Closed-Non Trial-Unassigncd-Rcmovcd to Federal Court i

12/24/2019 Case Removed to US District Court I

PAGE l 2 Printed 0n 12/24/2019 at 12:32 PM

CASE N0. PC-2019-11806

PAGE 2 OF 2 Prinllted on 12/24/2019 at 12:32 PM

STATE OF RHgDE ISLAND

CLERK’S CERTIFICATE AND TWSMITTAL OF THE RECORD

Federal Court Case No. 1 :1 Q'CV'OQBSO St te Court Case No.

Conﬁdential: YesD No Jescription:

Sealed documents: YeSD No Description: «'

included in the record in the above referenced case.

Date; Dec/z4/2019 ,learOI Maelean

STATE OF RHODE ISLAND SUPERIOR COURT

MICHAEL CAMELO and JODI CAMELO,

VS. C.A. N0. PC-2019-1 1806

NOTICE OF FILING PETITION FOR REMOVAL

TO: Clerk’s Ofﬁce (See also those listed under

U.S.C. §§ 1441 and 1446.

Dated this 20th day 0f December 2019.

/s/ Marc DeSisto

record, as listed below, will be effectuated by electronic means:

Brandon S. Bell, Esq.

Timothy P. Frawley, Esq.

Licht Judicial Complex Address of the Defendant

TO THE DEFENDANT, ERIN SCHOFIELD:

This Summons was generated on 12/ 16/2019. /s/ Henry Kinch

Witness the seal/watermark of the Superior Court

SC-CMS-l (revised July 2014)

STATE OF RHODE ISLAND AND J‘N‘“ r

U With the Defendant personally.

— of person of suitable age and discretion

U With an agent authorized by appointment 0r by law t0 receive service of process.

D With a guardian 0r conservator of the Defendant.

SC-CMS-l (revised July 2014)

D I was unable t0 make service after the following reasonable attempts:

SERVICE DATE: / / SERVICE FEE $

SIGNATURE OF PERSON OTHER THAN A SHERIFF 0r DEPUTY SHERIFF 0r CONSTABLE MUST BE

or U proved to the notary through satisfactory evidence of identiﬁcation, which was

SC-CMS-l (revised July 2014)

Civil Action File Number

Licht Judicial Complex Address of the Defendant