AlaFile E-Notice

47-CV-2016-900433.00
To: Eric James Artrip
artrip@mastandoartrip.com

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA
JANE DOE V. JEREMY JOSEPH NELSON ET AL
47-CV-2016-900433.00
The following complaint was FILED on 3/16/2016 2:07:27 PM

Notice Date:

3/16/2016 2:07:27 PM

JANE C. SMITH
CIRCUIT COURT CLERK
MADISON COUNTY, ALABAMA
MADISON COUNTY, ALABAMA
100 NORTHSIDE SQUARE
HUNTSVILLE, AL 35801
256-532-3390

DOCUMENT 1
State of Alabama

COVER SHEET
CIRCUIT COURT - CIVIL CASE

Unified Judicial System

Form ARCiv-93

ELECTRONICALLY FILED
3/16/2016 2:06 PM
47-CV-2016-900433.00
47-CV-2016-900433.00
CIRCUIT COURT OF
MADISON
COUNTY,
Date of Filing:
Judge
Code: ALABAMA
JANE C. SMITH, CLERK
Case Number:

Rev.5/99

(Not For Domestic Relations Cases)

03/16/2016

GENERAL INFORMATION
IN THE CIRCUIT OF MADISON COUNTY, ALABAMA
JANE DOE v. JEREMY JOSEPH NELSON ET AL
First Plaintiff:

Business
Government

First Defendant:

Individual
Other

Business
Government

Individual
Other

NATURE OF SUIT:
TORTS: PERSONAL INJURY

OTHER CIVIL FILINGS (cont'd)

MSXX - Birth/Death Certificate Modification/Bond Forfeiture
Appeal/Enforcement of Agency Subpoena/Petition to
Preserve

WDEA - Wrongful Death

TONG - Negligence: General
TOMV - Negligence: Motor Vehicle
TOWA - Wantonnes
TOPL - Product Liability/AEMLD
TOMM - Malpractice-Medical
TOLM - Malpractice-Legal
TOOM - Malpractice-Other
TBFM - Fraud/Bad Faith/Misrepresentation
TOXX - Other:

CVRT - Civil Rights

COND - Condemnation/Eminent Domain/Right-of-Way
CTMP-Contempt of Court
CONT-Contract/Ejectment/Writ of Seizure
TOCN - Conversion
EQND- Equity Non-Damages Actions/Declaratory
Judgment/Injunction Election Contest/Quiet Title/Sale For
Division
CVUD-Eviction Appeal/Unlawfyul Detainer
FORJ-Foreign Judgment
FORF-Fruits of Crime Forfeiture
MSHC-Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition
PFAB-Protection From Abuse
FELA-Railroad/Seaman (FELA)
RPRO-Real Property
WTEG-Will/Trust/Estate/Guardianship/Conservatorship
COMP-Workers' Compensation
CVXX-Miscellaneous Circuit Civil Case

TORTS: PERSONAL INJURY

TOPE - Personal Property
TORE - Real Property
OTHER CIVIL FILINGS
ABAN - Abandoned Automobile
ACCT - Account & Nonmortgage
APAA - Administrative Agency Appeal
ADPA - Administrative Procedure Act
ANPS - Adults in Need of Protective Services
ORIGIN:

INITIAL FILING

APPEAL FROM
DISTRICT COURT

REMANDED

TRANSFERRED FROM
OTHER CIRCUIT COURT

HAS JURY TRIAL BEEN DEMANDED?

RELIEF REQUESTED:
ATTORNEY CODE:

Yes

MEDIATION REQUESTED:

3/16/2016 2:06:34 PM
Yes

OTHER

No

MONETARY AWARD REQUESTED

ART001

No

Undecided

NO MONETARY AWARD REQUESTED

/s/ Eric James Artrip

DOCUMENT 2
ELECTRONICALLY FILED
3/16/2016 2:06 PM
47-CV-2016-900433.00
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
JANE C. SMITH, CLERK

IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA

JANE DOE, AS MOTHER AND NEXT
FRIEND OF MARY DOE, a minor, AND
ALL OTHER minor children, SIMILARLYSITUATED,
PLAINTIFFS,
V.
JEREMY JOSEPH NELSON, JAMES
STARKEY, individually and as owner of
SANITARY SYSTEMS,
DEFENDANTS.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO.

COMPLAINT
COMES NOW, Plaintiff, Jane Doe, as Mother and next friend of Mary Doe, a minor, and
on behalf of herself and all other similarly-situated minor children, files this Complaint against
Jeremy Joseph Nelson, James Starkey, individually and as owner/operator of Sanitary Systems
(hereinafter Sanitary), and, in support therefor, shows as follows:
INTRODUCTION
1.

In and around August, 2011, Mary Doe, a minor, was enrolled as a dance student

at Anns Studio of Dance in Huntsville, Alabama (the Studio). Plaintiff Jane Doe entered into
a contract with Anns School of Dance for the Studio to provide dance lessons to Mary Doe.
During this time, the Studio contracted with James Starkey d/b/a Sanitary Systems to clean the
facility. Jeremy Joseph Nelson was one of Sanitary Systems employees hired by Mr. Starkey as
a janitor. In his position as a custodian at the Studio, Mr. Nelson had unsupervised access to the
dressing rooms and restrooms. Utilizing his unfettered and unsupervised access to the minor
Plaintiffs changing areas, Mr. Nelson installed a video surveillance system in restrooms and
dressing rooms he was paid to clean. The system he installed filmed and photographed Mary Doe

DOCUMENT 2

and other similarly-situated minor Plaintiffs without their knowledge.

PARTIES
2.

Jane Doe is above the age of nineteen (19) years, is Mary Does mother and is a

resident of Madison County, Alabama. Jane Doe is the Guardian and next friend of Plaintiff
Mary Doe., a minor resident of Alabama.
3.

Jeremy Joseph Nelson is Caucasian, above the age of nineteen (19) and a resident

of Madison County, Alabama. He is sued in his individual capacity.

4.

James Starkey is above the age of nineteen (19) years and a resident of Madison

County, Alabama. He is sued in his individual capacity and as owner of Sanitary Systems.
JURISDICTION AND VENUE
5.

Paragraphs 1 through 4 are incorporated herein as if set out in full.

6.

Given the amount in controversy and the nature of claims plead infra, this Court

has subject matter jurisdiction over this matter.

7.

This Court has personal jurisdiction over Defendants.

8.

Pursuant to Ala.R.Civ.Pro. 82(b)(2), venue is proper in this Court with respect to

Defendants as this is the judicial district in which a substantial part of the events which have
given rise to the claims, plead infra, occurred.
FACTS
Facts Common to Plaintiff and
Putative Class Members
9.

Plaintiff repeats and re-alleges paragraphs 1 through 8 as if set out in full.

10.

Defendant James Starkey has been doing business as Sanitary Systems for

approximately 40 years.
11.

Defendant Starkey hired Jeremy Joseph Nelson approximately 20 years prior to

DOCUMENT 2

Mr. Nelsons arrest to act as one of Sanitary Systems custodians to be sent its customers
facilities to perform cleaning and custodial duties.
12.

During his time working with Sanitary Systems, Defendant Nelson was sent by

Defendant Starkey to a number of facilities and businesses in Huntsville, Alabama including, but
not limited to, WHNT Channel 19, Huntsville Hospitals Childcare Center, and Bentley Cadillac.
13.

During the time Defendant Nelson worked for Sanitary Systems, he was sent to

Anns Studio of Dance (the Studio) to perform janitorial services. This placed Nelson in a
situation where he had unfettered access to the restrooms and changing rooms used by both
adults and minors.
14.

At some point during his time working at the Studio and other facilities,

Defendant Nelson placed cameras in the bathrooms and changing rooms used by minors.
15.

He used these cameras to film minors in various states of undress including

completely nude.
16.

On the 7th day of October, 2014, a warrant was issued for the arrest of Defendant

Nelson, for knowingly placing the cameras in the changing rooms and bathrooms at WHNT,
Bentley Cadillac and the Studio. The warrant alleged that Defendant Nelson printed, recorded,
photographed and distributed pictures of children taken at the Studio and at other facilities.
Named Plaintiff Allegations
17.

Plaintiff Mary Doe was a student at the Studio from approximately August 2011

to June 2013, during the time period during which Defendant Starkey had assigned Defendant
Nelson to the Studio.
18.

Defendant Nelson recorded and distributed pictures of Plaintiff Mary Doe.

19.

As a result of Defendant Nelsons actions, facilitated by Defendant Starkeys

DOCUMENT 2

failure to properly hire, train, supervise or retain his employees, Plaintiff Mary Doe has suffered
embarrassment associated with invasion of privacy, humiliation and mental anguish.
20.

Sanitary Systems and Defendant Nelson are covered by a policy of insurance

which provides coverage for the acts as alleged herein (the Insurance Policy.)
21.

Defendants are insured under a policy of insurance for the above allegations.

However, given the severe harm caused and the outrageous nature of conduct at issue, any
affected individual Plaintiff could and would obtain a jury verdict in excess of available
coverage. That is there is not enough available coverage to fully compensate the victims of the
Defendants actions.
CLASS ACTION ALLEGATIONS
22.

This is a class action properly maintained under RULE 23(b)(2) and/or 23(b)(3) of

the ALABAMA RULES OF CIVIL PROCEDURE.

23.

The Class is defined as follows:

All minors persons who were students at Anns Dance Studio during the
time that Jeremy Joseph Nelson was a custodian at the facility.

24.

Plaintiff brings this action in his individual capacity and on behalf of the class of

persons meeting the above description with the exception of all currently sitting justices, judges,
magistrates of the United States and/or the State of Alabama, their current spouses, all persons
within the third degree of relationship to such justices, judges or magistrates and their spouses
and class counsel and their families, who would otherwise be included in the Class defined
above.
25.

Members of the Class are so numerous that joinder is impracticable. This Class

will consist of hundreds of children given the number of students who have been at Anns.

DOCUMENT 2

26.

Upon present information and belief, Defendants were covered by an applicable

insurance policy at the time of the incident made the basis of this matter. This policy will be
insufficient to grant all putative class members an award of compensatory damages which would
make them whole.
27.

There are questions of law and/or fact common to the Class which predominate

over individual questions. These common questions include, but are not limited to, the following:
a.
b.
c.

d.
e.
d.

e.
f.

28.

Whether and to what extent Defendant Nelson spied on minors in

the Studio;
When Defendant Starkey first learned that Defendant Nelson was a
danger to students at the Studio;
Whether Defendant Starkey failed to perform a background check
on Defendant Nelson before hiring him and placing him in the
company of vulnerable minors;
Whether Defendant Starkey failed to properly train Defendant
Nelson;
Whether Defendant Starkey failed to properly supervise Defendant
Nelson;
Whether Defendant Starkey failed to properly retain Defendant
Nelson once learning of his illegal actions with respect to the
minors in the facilities to which he was assigned;
Whether Plaintiff and the Class are entitled to declaratory
determination that Defendants actions are illegal; and
Whether Defendant should be required to pay the putative Class
Members compensatory.

Because Defendant Nelson acted against a number of minors, the claim of the

named Plaintiff is typical of the claim of the members of the putative Class.
29.

Because the Defendants actions affected all member of the putative Class in a

substantially-identical way, a class action is superior to other methods of adjudication of the

issues raised.
30.

The Insurance Policy constitutes a limited fund available to compensate Plaintiff

and Class Members. A class action is superior to other available methods for the fair and
efficient adjudication of this controversy. Absent a class action, Plaintiff and the Class Members

DOCUMENT 2

may not receive an equitable division of the insurance policies.

31.

Class action treatment will permit a large number of similarly-situated minors to

prosecute their common claims in a single forum, simultaneously, efficiently, and without the
unnecessary duplication of evidence, effort, time and expense that would be required in
numerous individual actions.
32.

Plaintiff seeks declaratory and additional injunctive relief, including, but not

limited to, imposition of an injunction, and, to the extent Class members cannot be located cy
pres distribution of damages.
33.

Neither Plaintiff nor her parents have interests adverse to the interest of the Class,

they will fairly and adequately represent the interest of the Class and they will vigorously
prosecute this action on behalf of the absent Class members.
34.

Counsel for the named Plaintiff have no interest adverse to the interest of the

Class and will vigorously prosecute this action. Plaintiff has chosen counsel who are competent
and experienced in the prosecution of class actions.
CAUSES OF ACTION
COUNT I
Negligent/Wanton Hiring, Training, Retention and/or Supervision
(Defendants Starkey and Sanitary)
35.

Plaintiff realleges and incorporates by reference, paragraphs 1 through 34, as if

fully stated herein.

36.

Defendants Starkey and Sanitary failed to properly train and/or supervise Nelson,

who was incompetent in that he committed the wrongful acts referred to herein in the line and
scope of his employment.
37.

Defendants Starkey and Sanitary, as the employer, are and were imposed with the

duty to train and supervise employees.

DOCUMENT 2

38.

Defendants Starkey and Sanitary breached their duty by failing to exercise

reasonable care or acting in reckless disregard of a known risk or should have known that the
Plaintiff would be subjected to sexual harassment.
39.

As a direct and proximate result of Defendants Starkey and Sanitarys breach of

their duty to exercise reasonable care, Plaintiff has suffered mental and physical anguish and
severe emotional distress.
WHEREFORE, the Plaintiff prays that judgment be entered against Defendants Starkey
and Sanitary for compensatory and punitive damages, costs of this action, and such other legal
and equitable relief as this Court deems necessary and proper.
COUNT II
Negligent/Wanton Retention
(Defendants Starkey and Sanitary)
40.

Plaintiff realleges and incorporates by reference, paragraphs 1 through 34 as if

fully stated herein.

41.

During the period of the Plaintiffs attendance at the Studio, Defendants Starkey

and Sanitary hired and wrongfully retained Defendant Nelson, who, while acting in the line and
scope of his employment, committed various wrongful acts.
42.

Defendants Starkey and Sanitary had a duty to investigate and supervise the

Defendant Nelsons, and knew or should have known of Defendant Nelsons incompetency, and
failed to discharge him.
43.

Defendants Starkey and Sanitary breached their duty owed to the Plaintiff in that

they failed to appropriately supervise and investigate Defendant Nelsons conduct and would
have revealed the unsuitability of Defendant Nelson for the particular work or employment for
which he was responsible.

DOCUMENT 2

44.

As a direct and proximate result of Defendants Starkey and Sanitary failure to

appropriately supervise and investigate Defendant Nelson, Plaintiff has suffered mental and
physical anguish and severe emotional distress.
WHEREFORE, the Plaintiff prays that judgment be entered against Defendants Starkey
and Sanitary for compensatory and punitive damages, costs of this action, and such other legal
and equitable relief as this Court deems necessary and proper.
COUNT III
Invasion of Privacy
(Defendants Starkey, Sanitary and Nelson)
45.

Plaintiff realleges and incorporates by reference, paragraphs 1 through 34, as if

fully stated herein.

46.

During the period of the Plaintiffs attendance at the Studio, Defendant Nelson,

acting within the line and scope of his employment with the Defendants Starkey and Sanitary,
wrongfully pried or intruded into the Plaintiffs private activities, affairs, and seclusion.
47.

The nature of the intrusions referred to herein was so outrageous as to cause

mental suffering, shame, or humiliation to a person of ordinary sensibilities.

48.

As a direct and proximate result of the unreasonable and illegal action of the

Defendants Starkey, Sanitary and Nelson, the Plaintiff has suffered from mental and physical
anguish and severe emotional distress.
WHEREFORE, the Plaintiff prays that judgment be entered against Defendants Starkey,
Sanitary and Nelson for compensatory and punitive damages, costs of this action, and such other
legal and equitable relief as this Court deems necessary and proper.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests this Court enter an Order:

DOCUMENT 2

A.

Certifying this action as a Class Action pursuant to RULE 23(b)(2) and/or

of the ALABAMA RULES OF CIVIL PROCEDURE;

B.

Plaintiff further pray for such other relief, including equitable and benefits as the
cause of justice may require, including, but not limited to, an award of costs,
attorneys fees and expenses.

Respectfully submitted this the 16th day of March, 20106.

s/ Eric J. Artrip
Teri Ryder Mastando (NIC023)
Eric J. Artrip (ART001)
MASTANDO & ARTRIP, LLC
301 Washington St., Suite 302
Huntsville, Alabama 35801
Phone:
(256) 532-2222
Fax:
(256) 513-7489
teri@mastandoartrip.com
artrip@mastandoartrip.com

DOCUMENT 2

DEFENDANTS TO BE SERVED
JEREMY JOSEPH NELSON
Madison County Jail
815 Wheeler Ave
Huntsville, AL 35801
JAMES STARKEY, individually and as owner of SANITARY SYSTEMS
5005 Maysville Road
New Market, AL 35761