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Reyes v. Arias

United States District Court, D. New Mexico

September 20, 2019

MONICA REYES, individually, and as guardian and next friend, Jane Doe, a minor child, Plaintiffs,
v.
FRANK RAMOS ARIAS, and SILVER CITY CONSOLIDATED SCHOOLS Defendants.

          DUHIGG, CRONIN, SPRING & BERLIN, P.A. David M. Berlin, Esq. Attorney for Plaintiff

          HOLT MYNATT MARTINEZ, P.C. Blaine Mynatt, Esq. Attorney for Frank Ramos Arias

          WALZ AND ASSOCIATES, P.C. Jerry A. Walz, Esq. Attorney for Silver City Consolidated Schools

          ORDER GRANTED TO FILE AMENDED COMPLAINT

         UPON THE APPLICATION of Plaintiff, Monica Reyes, individually and as Guardian and Next Friend of Jane Doe, a minor, to file a First Amended Complaint, and having reviewed the pleadings and further, for good cause shown, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff is granted leave to file a First Amended Complaint, a copy of which is annexed hereto as Exhibit 1.

         FIRST AMENDED COMPLAINT

         COMES NOW PLAINTIFF, Monica Reyes, individually, and as guardian and next friend, Jane Doe, a minor child, by and through their attorneys of, Duhigg, Cronin, Spring & Berlin, P.A. (David M. Berlin), and hereby complains of the Defendants Frank Ramos Arias and Silver City Consolidated Schools, as follows:

         INTRODUCTION

         1. At all times hereinafter mentioned, Plaintiff Monica Reyes is the lawful guardian and parent of Jane Doe, a minor and was eleven years old at the time of the events giving rise to this lawsuit.

         2. Upon information and belief, and at all times hereinafter mentioned, Defendant Silver City Consolidated Schools is a public school district located in Silver City, New Mexico, and as such, is a governmental entity.

         3. Upon information and belief, Defendant Silver City Consolidated Schools owned and operated an elementary school known as G.W. Stout Elementary School.

         4. At all times hereinafter mentioned and upon information and belief, Jason Ping (Ping) was the Principal at G.W. Stout Elementary and was an employee of Defendant Silver City Consolidated Schools.

         5. Defendant Ping was, at all times hereinafter relevant, responsible for the maintenance and operation of G.W. Stout Elementary School, including taking reasonable and appropriate steps to ensure that students were safe from employees who may engage in sexual predatation or inappropriate sexual behavior towards minor children.

         6. On or about October 27, 2017, Defendant Silver City Consolidated Schools employed an individual by the name of Frank Ramos Arias (Arias) as a teacher who taught a fifth grade class at G. W. Stout Elementary. Arias is a Defendant in this civil action.

         7. Defendant Arias, while in the course and scope of his employment with Defendant Silver City Consolidated Schools, had, prior to October 27, 2017, engaged in inappropriate conduct including, but not limited to the following:

a. dropping pencils on the floor and asking female students to pick them up while holding his cell phone;
b. making female students feel uncomfortable; c. refusing female students to use the restroom;
d. taking photographs of female students under their desks.

         8. Upon information and belief, Defendant Silver City Consolidated Schools and Defendant Ping knew or should have known of Defendant Arias’ inappropriate and wrongful behavior.

         9. Upon information and belief, Defendants Ping and Silver City Consolidated Schools failed to take appropriate steps to investigate whether Defendant Arias was engaging in inappropriate conduct with female students and to stop such conduct, and further, to protect the health, safety and welfare of the students, and specifically female students, at G.W. Stout Elementary School.

         10. On or about October 27, 2017, Defendant Arias photographed Jane Doe in a compromising position under her desk for his own sexual pleasure.

         11. On December 3, 2018, Defendant Arias plead guilty for one count of voyeurism, a 4th degree felony under New Mexico law.

         12. Upon information and belief, Defendant Silver City Consolidated Schools knew or should have known of Defendant’s Arias propensities but hired him, nonetheless.

         13. Jane Doe suffered emotional harm and required therapy as a result of the conduct of Defendants Silver ...


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