Fieger Oxford Amended Complaint
Fieger Oxford Amended Complaint
Fieger Oxford Amended Complaint
Vs.
Defendants.
GEOFFREY N. FIEGER (P30441)
JAMES J. HARRINGTON (P65351)
ROBERT G. KAMENEC (P35283)
NORA Y. HANNA (P80067)
MILICA FILIPOVIC (P80189)
Fieger, Fieger, Kenney & Harrington, P.C.
Attorneys for Plaintiffs
19390 West Ten Mile Road
Southfield, MI 48075
P: (248) 355-5555
F: (248) 355-5148
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
1
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.409 Filed 01/07/22 Page 2 of 107
through their attorneys, FIEGER, FIEGER, KENNEY & HARRINGTON, P.C., and
for Plaintiffs’ First Amended Complaint and Reliance on Demand for Jury Trial
INTRODUCTION
On November 30, 2021, horrific events took place at Oxford High School
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
which resulted in the slaughter of four (4) high school students and serious gunshot
and psychological injuries to others. The horror of November 30, 2021 was entirely
preventable. Each and every Defendant named herein created and increased the
dangers then-existing at Oxford High School. Each and every Defendant named
The individually named Defendants are each responsible through their actions
for making the student victims less safe, causing the students to be in direct harm,
concern for whether an injury results. The acts committed by the Defendants
completely shock the conscious. The Oxford High School students, and Plaintiffs
2
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.410 Filed 01/07/22 Page 3 of 107
in particular, would have been safer had the Individual Defendants not taken the
Constitutionally deficient policy, custom and practice that was a driving force behind
the constitutional violations. Further, said school district ratified the unconstitutional
1. This action arises under the United States Constitution and under the
laws of the United States Constitution, particularly under the provisions of the
Fourteenth Amendment to the United States Constitution and under the laws of the
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
United States, particularly the Civil Rights Act, Title 42 of the United States Code,
Sections 1983 and 1988, and under the statutes and common law of the State of
Michigan.
claims which arise out of the nucleus of operative facts common to Plaintiff’s federal
Oakland County, State of Michigan, and as such, jurisdiction lies in the United States
PARTIES
set forth in the previous paragraphs of this Amended Complaint as if fully set forth
herein.
10. At all times relevant hereto, JEFFREY FRANZ and BRANDI FRANZ
are the biological parents of RILEY FRANZ, a Minor, and ISABELLA FRANZ, a
Minor, and are residents of the City of Leonard, County of Oakland, State of
Michigan.
11. At all times relevant hereto, Plaintiffs’ Minors RILEY FRANZ and
ISABELLA FRANZ were students at Oxford High School in 12th and 9th grade
respectively.
12. Plaintiffs’ Minor, RILEY FRANZ, was an honor roll student preparing
to enter college. Plaintiffs’ Minor, ISABELLA FRANZ, was a star athlete getting
carrying out functions in the Township of Oxford, State of Michigan. Its functions
• A PROFESSIONAL CORPORATION
include, but are not limited to: organizing, teaching, operating, staffing, training, and
14. Upon information and belief, at all times relevant hereto, Defendant,
State of Michigan and was acting under the color of state law within the course and
SCHOOL DISTRICT.
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
15. Upon information and belief, at all times relevant hereto, Defendant,
Michigan and was acting under the color of state law within the course and scope of
his employment as a Principal for Oxford High School within the OXFORD
16. Upon information and belief, at all times relevant hereto, Defendant,
Michigan and was acting under the color of state law within the course and scope of
his employment as a Dean of Students for Oxford High School within the OXFORD
5
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.413 Filed 01/07/22 Page 6 of 107
17. Upon information and belief, at all times relevant hereto, Defendant,
the State of Michigan and was acting under the color of state law within the course
• A PROFESSIONAL CORPORATION
18. Upon information and belief, at all times relevant hereto, Defendant,
State of Michigan and was acting under the color of state law within the course and
19. Upon information and belief, at all times relevant hereto, Defendant,
the State of Michigan and was acting under the color of state law within the course
and scope of his/her employment as a staff member at Oxford High School located
20. Upon information and belief, at all times relevant hereto, Defendant,
of Michigan and was acting under the color of state law within the course and scope
6
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.414 Filed 01/07/22 Page 7 of 107
21. Upon information and belief, at all times relevant hereto, Defendant,
of Michigan and was acting under the color of state law within the course and scope
• A PROFESSIONAL CORPORATION
FACTUAL STATEMENT
22. Plaintiffs hereby reincorporate by reference and reassert each and every
allegation set forth in the previous paragraphs of this Amended Complaint as if fully
School District.
7
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.415 Filed 01/07/22 Page 8 of 107
after the November 30, 2021, shooting rampage at Oxford High School.
• A PROFESSIONAL CORPORATION
attending Oxford High School, including Mr. Jeffrey Franz and Mrs. Brandi Franz,
immediately before and after the November 30, 2021, shooting rampage at Oxford
High School.
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
such as the Student Code of Conduct and the 2021-2022 Course Catalogue, as the
Dean of Students.
identified himself as the Dean of Students of Oxford High School from “August
2018 to Present”.
8
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.416 Filed 01/07/22 Page 9 of 107
37. On November 30, 2021, Ethan Crumbley brought a Sig Saur 9mm
students, resulting in the death of four (4), and seriously injuring six (6) other
38. Upon information and belief, in the days leading up to the November
30, 2021, incident, Ethan Crumbley, acted in such a way that would lead a reasonable
observer to know and/or believe that he was planning to cause great bodily harm to
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
39. By way of example, and not limitation, previous to the November 30,
2021, incident, Ethan Crumbley posted countdowns and threats of bodily harm,
including death, on his social media accounts, warning of violent tendencies and
murderous ideology prior to actually coming to school with the handgun and
40. For example, a threat on social media included an update to his twitter
account the night before the shooting, reading, “Now I am become Death, the
9
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.417 Filed 01/07/22 Page 10 of 107
41. Upon information and belief, on November 11, 2021, Ethan Crumbley
brought a severed bird head in a mason jar containing a yellow liquid to Oxford High
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
School and left the jar on a toilet paper dispenser in the boys bathroom.
• A PROFESSIONAL CORPORATION
officials, including defendant WOLF, the discovery of the jar in the boys bathroom
43. The following day, on November 12, 2021, the Oxford High School
“Please know that we have reviewed every concern shared with us and investigated
all information provided…[w]e want our parents and students to know that there has
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
44. On or about November 16, 2021, days prior to the actual incident,
concerns about threats to students made on social media, and the incident of the
severed animal heads at Oxford High School, the two weeks before.
45. The parents’ communications to WOLF in part stated, “I know it’s been
investigated but my kid doesn’t feel safe at school," "He didn’t even want to go back
to school today."
46. That same day, November 16, 2021, WOLF emailed parents indicating,
"I know I'm being redundant here, but there is absolutely no threat at the HS…large
10
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.418 Filed 01/07/22 Page 11 of 107
assumptions were made from a few social media posts, then the assumptions evolved
47. Defendants THRONE and WOLF reviewed the social media posts of
• A PROFESSIONAL CORPORATION
Crumbley prior to November 30, 2021, which threated Oxford High School students.
from parents of students at Oxford High School as well as the students at Oxford
High School.
49. Defendants THRONE and WOLF were aware that Ethan Crumbley
brought a severed bird head to school and left it in the boys bathroom.
reassuring them that their children were safe at Oxford High School.
52. Following the November 16, 2021, email exchanges and other
spreading information over social media and to stop relying on information on social
media, reiterating that there were no threats that posed any danger to students at
11
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.419 Filed 01/07/22 Page 12 of 107
53. At all times relevant hereto, Defendant THRONE, while acting as the
students and parents from reporting, sharing, or otherwise discussing the threatening
• A PROFESSIONAL CORPORATION
54. At all times relevant hereto, Defendant WOLF, while acting as the
Principal of Oxford High School, directed the teachers and counselors to tell students
to stop reporting, sharing, or otherwise discussing the threatening social media posts,
and violent animal slaughter that was occurring at Oxford High School.
55. At all times relevant hereto, Ethan Crumbley’s Instagram and other
social media accounts were not set to private and were available to the public,
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
including Defendants.
and every student, including Plaintiffs’ Minors that there was no credible threat,
58. At all times relevant hereto, Plaintiff Minors were safer before
Defendant THRONE took action and advised each and every student, including
12
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.420 Filed 01/07/22 Page 13 of 107
59. Defendant THRONE knew and/or should have known, that his
• A PROFESSIONAL CORPORATION
announcement to the students at Oxford High School would discourage the students
and/or their parents from reporting credible threats of bodily harm to teachers,
60. At all times relevant, Plaintiffs’ Minors were safer before Defendant
WOLF took the actions described and advised each and every student, and parents,
including Plaintiffs, that there was no credible threat at Oxford High School. By
Plaintiffs’ Minors.
61. At all times relevant, Defendant WOLF’s actions, by advising each and
every student, including Plaintiffs’ Minors that there was no credible threat,
62. Defendant WOLF knew and/or should have known that his assurances
that social media threats were not credible would discourage the students and/or their
parents from reporting credible threats of bodily harm to teachers, counselors, and
64. On November 26, 2021, Ethan Crumbley posted a picture of the Sig
Saur 9 mm semi-automatic handgun to his social media account with the caption,
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
“just got my new beauty today” with an emoji with heart eyes, followed by, “Sig
• A PROFESSIONAL CORPORATION
65. At all times relevant hereto, Ethan Crumbley posted to his Instagram
account a post with a picture and caption of the Sig Saur 9 mm semi-automatic
handgun. This post was for public viewing and accessible to all Defendants.
posted a message on her social media account reading, “mom and son day testing
67. At all times relevant hereto, Jennifer Crumbley’s social media account
was not set to private, and the post was available to the public.
68. At all times relevant hereto, Jennifer Crumbley’s social media account
with the picture and caption of the Sig Saur 9 mm semi-automatic handgun was
available for public viewing and accessible to all Defendants prior to Ethan
Oxford High School and openly displayed the same while in the classroom.
School observed Ethan Crumbley searching for ammunition on his cell phone during
14
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.422 Filed 01/07/22 Page 15 of 107
SCHOOL DISTRICT.
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
despite the threats of violence with the minor children at Oxford High School,
exclude the school safety liaison officer from notice of such dangers, despite
knowing that Ethan Crumbley was searching for ammunition during class, and the
aforesaid social media posts regarding his weapon were available to the public,
of bodily harm and further had knowledge of Crumbley’s intent to perpetrate those
acts when he/she found Ethan Crumbley searching for ammunition and then did
knowingly and deliberately decided to exclude the school safety liaison officer from
Defendants WOLF and THRONE were notified of the incident, placing them on
75. Upon information and belief, Ethan Crumbley met with Defendants,
COUNSELOR #1 and STAFF MEMBER about the search for ammunition during
and deliberate decision to exclude involving the school safety liaison officer of Ethan
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
Crumbley’s behavior and knowingly decided to refrain from informing the school
safety liaison of the meeting with Ethan Crumbley regarding the same.
knowingly sent Ethan Crumbley home after school, without any discipline or follow-
should have known that the information regarding Ethan Crumbley’s inappropriate
internet search would likely be relayed to Ethan Crumbley by his parents and would
81. At all times relevant, the students at Oxford High School, including
contacted Ethan Crumbley’s parents via telephone and email, and afferently chose
to allow Ethan Crumbley to return to school the next day. This action assisted with
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
clearance for Ethan Crumbley to commit the violent slaughter of his classmates.
taking any meaningful corrective action against Ethan Crumbley, increasing the risk
and email, and affirmatively chose against certain actions and affirmatively decided
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
to allow Ethan Crumbley to return to school the next day. This action assisted in the
perpetuation of his plans to effectuate and provided the clearance for Ethan
Crumbley to commit, a violent slaughter of classmates and increased the risk that
public social media post were available to the Dean of Students, school principal,
84. Upon information and belief, in the evening of November 29, 2021,
released Ethan Crumbley from school without discipline and without investigating
• A PROFESSIONAL CORPORATION
his inappropriate internet search, and without notifying the school safety liaison
officer, that Ethan Crumbley had posted to his Twitter account, “Now I am become
Death, the destroyer of worlds. See you tomorrow Oxford.” Although his Twitter
account was set to private, the posting was made to his profile biography, and visible
85. Ethan Crumbley returned to school the next day unchained and
school. The students at Oxford High School, and Plaintiffs’ Minors in particular,
were safer before Defendant TEACHER #1, COUNSELOR #1, and STAFF
school the next day, despite the clear and present dangers he posed to students at
intentionally withhold and exclude important and vital information from the school
liaison officer before allowing Ethan Crumbley to return to school the next day,
his planned slaughter of classmates and providing clearance for Ethan Crumbley to
18
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.426 Filed 01/07/22 Page 19 of 107
commit his acts of violence, by said decisions increasing the risk that Plaintiffs’
Ethan was caught searching for and watching violent shooting videos on his phone.
These horrific writings and drawings, and Ethan’s watching of shooting videos, were
89. Upon information and belief, the note contained the following:
▪ In another section of the note was the drawing of a bullet with the
following words above the bullet, “blood everywhere;”
▪ Between the drawing of the gun and bullet is a drawing of a person who
appears to have been shot twice and bleeding;
▪ Further down the drawing are the words, “My life is useless” with the
words, “the world is dead” to the right.
19
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.427 Filed 01/07/22 Page 20 of 107
90. Upon information and belief, Defendant TEACHER #2, was also aware
phone, and other possessions, giving him easy access to store a weapon, all
92. At all times relevant hereto, the students at Oxford High School, and in
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
phone, and other possessions, giving him easy access to store a gun, thereby
increasing the risk that Plaintiff’ Minors would be exposed to Ethan Crumbley’s acts
of violence.
93. At all times relevant, the students at Oxford High School, were safer
before Defendant TEACHER #2 took action and intentionally did not report the
violent notes and drawing by Ethan Crumbley, containing threats of bodily harm,
including death, to the school liaison officer, causing Ethan Crumbley to have the
providing clearance for Ethan Crumbley to commit his acts of violence, thereby
20
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.428 Filed 01/07/22 Page 21 of 107
increasing the risk that Plaintiffs’ Minors would be exposed to Ethan Crumbley’s
acts of violence.
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
94. Upon information and belief, upon discovery of the concerning note,
• A PROFESSIONAL CORPORATION
Ethan Crumbley was removed from the classroom, in front of his classmates, with
his backpack, by Defendant COUNSELOR #1 and was made to sit in the office with
removing Ethan Crumbley from class, in front of his classmates, with his backpack
and making him sit for an hour and a half while waiting for his parents, after Ethan
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
Crumbley had drawn violent pictures and notes depicting death and violence against
students at Oxford High School, such actions provided clearance for Ethan
Crumbley to commit his acts of violence and would, and did, further accelerate Ethan
96. Upon information and belief, during the period of time that Ethan
Crumbley sat with the counselors, he maintained control of his backpack which then
contained the Sig Saur 9 mm semi-automatic handgun with 30 live bullets to be used
to slaughter classmates.
deliberately decided to exclude the school safety liaison despite from having
knowledge of threats against the school, Ethan Crumbley’s search history the day
21
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.429 Filed 01/07/22 Page 22 of 107
before, and the violent drawing which were the reason for his removal from the
classroom.
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
98. At all times relevant, the students of Oxford High School, were safer
• A PROFESSIONAL CORPORATION
deliberately decided against reporting the violent note drawn by Ethan Crumbley,
containing threats of bodily harm, including death, to the school liaison officer,
providing clearance for Ethan Crumbley to commit his acts of violence, allowing
Ethan Crumbley thereby to have the opportunity to carry out his murderous rampage
on an accelerated timeline, thereby increasing the risk that Plaintiffs’ Minors would
99. Upon information and belief, Ethan Crumbley’s parents arrived at the
school and a meeting was held with Defendant COUNSELOR #1, Defendant
Defendant WOLF, at which Ethan Crumbley was present and at which time they
were shown the aforesaid drawing and advised by Defendants that Ethan was
100. Upon information and belief, Ethan Crumbley’s parents were advised
and WOLF, in the very presence of Ethan Crumbley, that a failure to attend
counseling within 48 hours would result in the school contacting Child Protective
Services.
22
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.430 Filed 01/07/22 Page 23 of 107
101. At no point prior to the meeting with Ethan Crumbley and his parents
child endangerment.
104. Despite the threats, posts of guns and ammunition, threats of violence,
and terror, no Defendant made contact with Child Protective Services, which would
have investigated Ethan Crumbley and warned the students at Oxford High School
conduct and threats is so reckless as to have a substantial disregard for whether injury
MEMBER, and WOLF took these actions during school hours, while students were
#2, STAFF MEMBER, TEACHER #1, TEACHER #2, WOLF and MOORE, Ethan
Crumbley, and his parents, Ethan Crumbley was allowed to by Defendants and
23
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.431 Filed 01/07/22 Page 24 of 107
returned to the classroom with his backpack containing the Sig Saur 9 mm semi-
#1, COUNSELOR #2, TEACHER #2, MOORE, and WOLF, deliberately conducted
this meeting, excluding the School Safety Liaison Officer from the meeting, thereby
110. At all times relevant, Plaintiffs were safer before Defendant WOLF
took action and held a meeting with Crumbley and his parents (without the school
return to class where he was able to carry out a massacre of classmates. By virtue of
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
his acts of violence, substantially increased the harm that Plaintiffs’ Minors would
111. At all times relevant, Plaintiffs were safer before Defendant MOORE
took action and held a meeting with Ethan Crumbley and his parents (without the
return to his classroom after said meeting, thereby providing clearance for Ethan
Crumbley to commit his acts of violence and allowing Ethan Crumbley to carry out
the murder of fellow students, fulfilling his aforesaid promises to do so. By virtue
112. At all times relevant, Plaintiffs were safer before Defendant TEACHER
#2 took action and held a meeting with Crumbley and his parents (without the school
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
his classroom where he was able to effectuate his planned massacre. By virtue of
commit his acts of violence and substantially increased the risk that Plaintiffs’
COUNSELOR #1 took action and held a meeting with Crumbley and his parents
(without the school safety liaison officer present) and by subsequently allowing
Crumbley to return to his classroom where he was able to carry out a massacre of
clearance for Ethan Crumbley to commit his acts of violence and substantially
increased the risk that Plaintiffs’ Minors would be exposed to Ethan Crumbley’s acts
of violence.
COUNSELOR #2 took action and held a meeting with Crumbley and his parents
(without the school safety liaison officer present) and provided clearance for Ethan
25
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.433 Filed 01/07/22 Page 26 of 107
return to his classroom where he was able to carry out a slaughter. By virtue of
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
116. At all times relevant, Plaintiffs were safer before Defendant STAFF
MEMBER took action and held a meeting with Crumbley and his parents (without
the school safety liaison officer present) and provided clearance for Ethan Crumbley
classroom where he was able to carry out his plan to murder classmates. By virtue
COUNSELOR #2, and STAFF MEMBER, knew that threatening to call Child
Protective Services within 48 hours, and threating, without action, to remove Ethan
Crumbley from his home, would create and/or increase the likelihood that Ethan
Crumbley would carry out his plan and slaughter he lost the opportunity given the
118. Upon information and belief, after being allowed to return to his
classroom, Ethan Crumbley took his backpack to a school bathroom, and, sometime
after being returned to his class, loaded ammunition in the Sig Saur 9 mm semi-
automatic handgun and walked out of the bathroom to design the massacre.
26
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.434 Filed 01/07/22 Page 27 of 107
COUNSELOR #2, and STAFF MEMBER gave Ethan Crumbley the opportunity to
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
go to the bathroom, with his backpack, to prepare for his planned rampage, thereby
• A PROFESSIONAL CORPORATION
provided clearance for Ethan Crumbley to commit his acts of violence, increasing
the risk that Plaintiffs’ Minors would be exposed to Ethan Crumbley’s acts of
violence.
121. Upon information and belief, Ethan Crumbley’s massacre was halted
122. On November 30, 2021, RILEY FRANZ was shot in the neck as a direct
result of each and every one of the within enumerated actions of Defendants’,
causing her severe trauma, post-traumatic stress disorder, fright, shock, terror,
bullets discharged towards her, her sister, and her friends. She observed her sister,
friends and classmates being shot and murdered, causing her severe trauma, fright,
an adult with one count of terrorism causing death, four (4) counts of first-degree
27
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.435 Filed 01/07/22 Page 28 of 107
murder, seven (7) counts of assault with intent to murder, and 12 counts of
125. The risk that Ethan Crumbley posed a substantial and deadly harm to
• A PROFESSIONAL CORPORATION
126. That each and every defendant named herein made affirmative actions
that created and increased the risk of harm and danger to Oxford High School
of Ethan Crumbley and provided clearance for Ethan Crumbley to commit his acts
of violence. Minor Plaintiffs were all safer before the actions of all Defendants than
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
127. That each and every defendant named herein took affirmative actions
and as well as committed failures that acted as and created harm and danger to
Oxford High School students, including, Plaintiffs’ Minors’ RILEY FRANZ’s and
negligence.
128. The “state action” of all Defendants substantially increased the harm to
the minor Plaintiffs, thereby increasing the risk that Plaintiffs’ would be exposed to
28
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.436 Filed 01/07/22 Page 29 of 107
129. The “state action” of each and all of the Defendants provided clearance
for Ethan Crumbley to commit his acts of violence and accelerated the acts of
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
carried out towards the students, provided clearance for Ethan Crumbley to commit
his acts of violence, and allowed Crumbley the opportunity to retrieve his handgun,
directly causing the students at Oxford High School to be subjected to great bodily
harm.
dangers presented which was an action in and of itself. The students and Plaintiffs’
Minors in particular were safer had the misrepresentations not been said, thereby
increasing the risk that Plaintiffs’ would be exposed to Ethan Crumbley’s acts of
violence.
132. The Defendants affirmative actions were reckless and put the students
at Oxford High School, and in particular Plaintiffs’ Minors, RILEY FRANZ, and
133. Defendants had a clearly established duty to not create and/or increase
the risk of harm and danger to Oxford High School Students, and in particular,
29
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.437 Filed 01/07/22 Page 30 of 107
135. The Defendants knew and/or clearly should have known that their
actions would endanger the students at Oxford High School, and in particular,
136. RILEY FRANZ and ISABELLA FRANZ were safer before each and
every one of the individual Defendants took the within enumerated actions, which
clearance for Ethan Crumbley to commit his acts of violence, increasing the risk that
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
137. At all times relevant the action by each and every individual defendant
created the substantial risk that outside assistance to the Oxford High School
they had taken action ensure the safety of all the Oxford High School Students,
otherwise instruct on the Oxford High School employees and or administration was
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
141. The actions of all Defendants increased the danger presented by Ethan
Crumbley.
142. The actions of all Defendants were a/the proximate cause of Plaintiffs’
Minors injuries.
143. The actions of all Defendants were the most immediate, efficient, and
144. The actions of all Defendants allowed threats to be carried out against
the students, allowed Ethan Crumbley the opportunity to retrieve his handgun, by
conducting inflammatory meetings with Ethan Crumbley and his parents without a
police liaison present directly caused the students at Oxford High School to be in
danger presented which was an action. This action directly caused Plaintiffs’ Minors
injuries.
146. The Defendants actions, as well as their failures to act were reckless
and put the students at Oxford High School, including Plaintiffs’ Minors, RILEY
31
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.439 Filed 01/07/22 Page 32 of 107
harm.
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
147. The Defendants actions, as well as their failures to act, placed Oxford
• A PROFESSIONAL CORPORATION
High School students, including Plaintiffs’ Minors, RILEY FRANZ and ISABELLA
148. At all times relevant hereto the actions of each and every individual
defendant removed the likelihood of police outside assistance to the Oxford High
had taken action to ensure the safety of the Oxford High School Students when they
had not.
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
substantial lack of concern for whether an injury result causing the proximate cause
32
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.440 Filed 01/07/22 Page 33 of 107
COUNT I
VIOLATION OF CIVIL RIGHTS PURSUANT TO THE
14TH AMENDMENT TO THE CONSTITUTION
AND 42 U.S.C. §1983, 1988 STATE CREATED DANGER
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
152. Plaintiffs hereby reincorporate and reassert each and every allegation
set forth in the previous paragraphs of this Amended Complaint as if fully set forth
herein.
and ISABELLA FRANZ were entitled to all rights, privileges, and immunities
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
accorded to all citizens of the State of Michigan and of the United States.
Constitution, at all times relevant hereto, Plaintiffs’ Minors, RILEY FRANZ and
ISABELLA FRANZ, had a clearly established right to be free from danger created
155. At all times relevant hereto, that the Defendants, COUNSELOR #1,
WOLF, and MOORE, were acting under the color of state law and created and/or
33
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.441 Filed 01/07/22 Page 34 of 107
Minors safety, thereby increasing the risk that Plaintiffs’ Minors would be exposed
MOORE, under the 14th Amendment to the United States Constitution, as well as 42
U.S.C. §1983 and §1988 were all performed under the color of state law and were
157. That each and all Defendants, were acting under the color of state law
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
when they deprived Plaintiffs’ Minors RILEY FRANZ and ISABELLA FRANZ of
Amendment of the Constitution of the United States, and of 42 U.S.C. §1983 and
§1988.
Minors in particular being less safe than they were before the action of each and
every Individual Defendant. Their actions created the danger and increased the risk
of harm that their students would be exposed to private acts of violence, to wit:
34
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.442 Filed 01/07/22 Page 35 of 107
involved;
s. Any and all other breaches that may become known throughout the
course of this litigation.
159. That all of the above conduct alleged in paragraph 158 a-s substantially
increased the harm to Plaintiffs Minors, who were safer before Defendants took the
MOORE, and WOLF, as specifically set forth above, were the proximate cause of
36
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.444 Filed 01/07/22 Page 37 of 107
Plaintiffs’ Minor, RILEY FRANZ’s injuries and damages, including but not limited
to the following:
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
g. Terrors;
h. Disruption of her life;
i. Pain and suffering;
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
j. Anxiety;
k. Mental anguish;
l. Emotional Distress;
s. Punitive damages;
t. Exemplary damages;
MOORE, and WOLF, as specifically set forth above, were the proximate cause of
Plaintiffs’ Minor, ISABELLA FRANZ’s injuries and damages, including but not
d. Anxiety;
e. Mental anguish;
f. Emotional Distress;
g. Fright and shock;
m. Punitive damages;
n. Exemplary damages;
request that this Honorable Court enter judgment in their favor and against
Dollars ($100,000,000.00), together with interest, costs and attorneys’ fees, as well
COUNT II
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
163. Plaintiffs hereby reincorporate and reassert each and every allegation
39
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.447 Filed 01/07/22 Page 40 of 107
166. At all times relevant hereto, Defendant WOLF, was the principal at
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
Oxford High School, who was the direct supervisor and oversaw the actions of
cultivated the conduct which then caused a violation of Plaintiffs’ rights under the
Constitution, at all times relevant hereto, each of Plaintiffs’ Minors, RILEY FRANZ
and ISABELLA FRANZ, had a clearly established right to be free from dangers
COUNSELOR #1, and COUNSELOR #2, TEACHER #1, TEACHER #2, and
MOORE, under the 14th Amendment to the United States Constitution, as well as 42
U.S.C. §1983 and §1988 were all performed under the color of state law and were
COUNSELOR #2, TEACHER #1, TEACHER #2, and MOORE were acting under
the color of state law when they deprived Plaintiffs’ Minors RILEY FRANZ and
in violation of the 14th Amendment of the Constitution of the United States, and of
Fourteenth Amendment to the United States Constitution, to be free from acts that
create the risk of harm and/or increase the risk of harm that an individual will be
s. Any and all other breaches that may become known throughout the
course of this litigation.
43
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.451 Filed 01/07/22 Page 44 of 107
COUNSELOR #1, COUNSELOR #2, TEACHER #1, and TEACHER #2, STAFF
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
MEMBER, and MOORE as specifically set forth above, were the proximate cause
• A PROFESSIONAL CORPORATION
of Plaintiffs’ Minor, RILEY FRANZ’s injuries and damages, including but not
g. Terrors;
k. Mental anguish;
l. Emotional Distress;
44
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.452 Filed 01/07/22 Page 45 of 107
s. Punitive damages;
t. Exemplary damages;
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
COUNSELOR #1, COUNSELOR #2, TEACHER #1, and TEACHER #2, STAFF
MEMBER, and MOORE, as specifically set forth above, were the proximate cause
of Plaintiffs’ Minor, ISABELLA FRANZ’s injuries and damages, including but not
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
f. Emotional Distress;
m. Punitive damages;
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
n. Exemplary damages;
request that this Honorable Court enter judgment in their favor and against
Dollars ($100,000,000.00), together with interest, costs and attorneys’ fees, as well
COUNT III
42 U.S.C. § 1983 – MONELL LIABILITY
DEFENDANT OXFORD COMMUNITY SCHOOL DISTRICT
176. Plaintiffs hereby reincorporate and reassert each and every allegation
#1, and TEACHER #2, STAFF MEMBER, and MOORE, promulgating and
liable for the constitutional violations alleged herein under Monell v. Dept. of Social
• A PROFESSIONAL CORPORATION
DISTRICT knew or should have known that the policies, procedures, training
COUNSELOR #2, TEACHER #1, and TEACHER #2, STAFF MEMBER, and
MOORE, were inadequate for the tasks that each Defendant was required to perform.
rules and regulations to ensure that their actions did not create or increase the risk
rules and regulations to ensure that their teachers, counselors and staff do not take
actions that create or increase the risk of harm to district’s students at Oxford High
#2, TEACHER #1, and TEACHER #2, STAFF MEMBER, and MOORE, and other
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
employees of Oxford High School, to fail to properly identify a student with violent
• A PROFESSIONAL CORPORATION
tendencies and acted in such a way that created a risk of harm to Oxford High School
students and/or increased a risk of harm to Oxford High School students, such as
instant case, would occur, and pursued policies, practices, and customs that were a
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
rights.
DISTRICT knew that its policies, procedures, customs, propensity and patterns of
DISTRICT knew that its policies, procedures, customs, propensity and patterns
tendencies back to his classroom such that their actions created a risk of harm and/or
48
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.456 Filed 01/07/22 Page 49 of 107
an increased risk of harm to the students at Oxford High School before getting
teachers to return a fully weaponized violent child with murderous plans, back into
Plaintiffs’ Minors’ rights under the Fourteenth Amendments of the United States
Constitution, and provided clearance for Ethan Crumbley to commit his acts of
violence, thereby increasing the risk that Plaintiffs’ Minors would be exposed to
School District, was the proximate cause of Plaintiffs’ Minor, RILEY FRANZ’s
49
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.457 Filed 01/07/22 Page 50 of 107
g. Terrors;
k. Mental anguish;
l. Emotional Distress;
m. Fright and shock;
50
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.458 Filed 01/07/22 Page 51 of 107
d. Anxiety;
e. Mental anguish;
f. Emotional Distress;
g. Fright and shock;
51
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.459 Filed 01/07/22 Page 52 of 107
request that this Honorable Court enter judgment in their favor and against
• A PROFESSIONAL CORPORATION
Dollars ($100,000,000.00), together with interest, costs and attorneys’ fees, as well
190. Plaintiffs’ minors hereby reincorporate each and every allegation set
forth in the preceding paragraphs of this Amended Complaint as if fully set forth
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
herein.
191. At all times relevant hereto, and pursuant to Michigan Law, Defendant
THRONE owed a duty to act with care for the safety of the public while acting as
owed duties to Plaintiffs’ Minors, RILEY and ISABELLA FRANZ, which duties
include, but are not limited to, obeying all laws, statutes and local ordinances in a
of students at Oxford High School as well as the students at Oxford High School.
52
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.460 Filed 01/07/22 Page 53 of 107
194. Defendant THRONE viewed social media posts and media which made
Oxford High School not to worry about any danger and specifically told the children
and students at Oxford High School not to post, address, or share information that
197. In addition to the social media posts, Defendant THRONE, had actual
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
drawings while in class and during school hours at Oxford High School.
knew that a police liaison was present at Oxford High School during the hours that
the meeting between Jennifer and James Crumbley and OXFORD COMMUNITY
SCHOOL DISTRICT was held and did not include that officer.
knew that the subject matter of that meeting was to address threats, searches for
office for over an hour without any search of his backpack, locker, or phone.
class, and threatening that Child Protective Services would pull him out of his home
(without actually calling Child Protective Services) and thus, accelerated the
massacre by Crumbley.
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
and warned the students to not report or otherwise mention his threats against them.
the weapon from his backpack and shoot at students while at Oxford High School.
Plaintiffs’ minor, RILEY FRANZ, serious injuries to her person including, but not
limited to:
k. Mental anguish;
l. Emotional Distress;
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
s. Punitive damages;
t. Exemplary damages;
55
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.463 Filed 01/07/22 Page 56 of 107
Plaintiffs’ minor, ISABELLA FRANZ, serious injuries to her person including, but
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
d. Anxiety;
e. Mental anguish;
f. Emotional Distress;
g. Fright and shock;
56
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.464 Filed 01/07/22 Page 57 of 107
while acting under the course and scope of his employment with OXFORD
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
211. The above actions committed by Defendant THRONE put the students
at Oxford High School and specifically Plaintiffs’ Minors, RILEY and ISABELLA
212. That, Defendant THRONE’s acts were the most immediate, efficient,
213. That, Defendant THRONE’s acts were the proximate cause of RILEY
215. Prior to the occurrence of this horrific incident, Plaintiffs’ Minors, were
healthy, vibrant, and strong young women with every chance at a bright future, and
57
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.465 Filed 01/07/22 Page 58 of 107
216. Plaintiffs’ minors hereby reincorporate each and every allegation set
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
forth in the preceding paragraphs of this Amended Complaint as if fully set forth
• A PROFESSIONAL CORPORATION
herein.
217. At all times relevant hereto, and pursuant to Michigan Law, Defendant
WOLF owed a duty to act with care for the safety of the public while acting as
principal of Oxford High School and specifically owed duties to Plaintiffs’ Minors,
RILEY and ISABELLA FRANZ, which duties include, but are not limited to,
obeying all laws, statutes and local ordinances in a way that is not grossly negligent.
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
218. Defendant WOLF had actual knowledge of the threats of violence and
students at Oxford High School as well as the students at Oxford High School.
220. Defendant WOLF had viewed social media posts and media which
WOLF sent correspondence to the parents at Oxford High School reassuring them
58
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.466 Filed 01/07/22 Page 59 of 107
WOLF sent emails to the parents at Oxford High School instructing them not to
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
share the posts, report the posts, or otherwise take the threats seriously.
• A PROFESSIONAL CORPORATION
allowed Defendant THRONE to announce over the school intercom system not to
worry about any danger and told the students at Oxford High School not to post,
address, or share information that they were being threatened school was under
threat.
224. In addition to the social media posts, Defendant WOLF, had actual
shootings, and making threatening drawings while in class and during school hours
226. Defendant WOLF met with and Jennifer and James Crumbley during
227. While acting as principal of the school, Defendant WOLF knew that a
police liaison was present at Oxford High School during the hours that the meeting
59
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.467 Filed 01/07/22 Page 60 of 107
228. Defendant WOLF knew that the subject matter of that meeting was to
Crumbley.
• A PROFESSIONAL CORPORATION
for over an hour without any search of his backpack, locker, or phone.
232. Defendant WOLF excited Ethan Crumbley by pulling him out of class,
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
warning him that Child Protective Services might be called (without actually calling
233. Defendant WOLF allowed Ethan Crumbley to threaten the students and
234. Defendant WOLF gave Ethan Crumbley the opportunity to retrieve the
weapon from his backpack and shoot students at Oxford High School.
60
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.468 Filed 01/07/22 Page 61 of 107
RILEY FRANZ, serious injuries to her person including, but not limited to:
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
g. Terrors;
h. Disruption of her life;
i. Pain and suffering;
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
j. Anxiety;
k. Mental anguish;
l. Emotional Distress;
s. Punitive damages;
t. Exemplary damages;
Minor, ISABELLA FRANZ, serious injuries to her person including, but not limited
to:
62
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.470 Filed 01/07/22 Page 63 of 107
while acting during the course and scope of his employment with OXFORD
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
239. The above actions committed by Defendant WOLF put the students at
Oxford High School, including Plaintiffs’ Minors, RILEY and ISABELLA FRANZ,
in great danger.
240. That, Defendant WOLF’s acts were the most immediate, efficient, and
241. That, Defendant WOLF’s acts were the proximate cause of RILEY and
243. Prior to the occurrence of this horrific incident, Plaintiffs’ Minors, were
healthy, vibrant, and strong young women with every chance at a bright future, and
63
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.471 Filed 01/07/22 Page 64 of 107
244. Plaintiffs’ minors hereby reincorporate each and every allegation set
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
forth in the preceding paragraphs of this Amended Complaint as if fully set forth
• A PROFESSIONAL CORPORATION
herein.
245. At all times relevant hereto, and pursuant to Michigan Law, Defendant
MOORE owed a duty to act with care for the safety of the public while acting as
Dean of Students at Oxford High School and specifically owed duties to Plaintiffs’
Minors, RILEY and ISABELLA FRANZ, which duties include, but are not limited
to, obeying all laws, statutes and local ordinances in a way that is not grossly
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
negligent.
246. Defendant MOORE had actual knowledge of the threats of violence and
students at Oxford High School as well as the students at Oxford High School.
248. Defendant MOORE had viewed social media posts and media which
250. In addition to the social media posts, Defendant MOORE, had actual
64
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.472 Filed 01/07/22 Page 65 of 107
videos of shootings, and making threatening drawings while in class and during
252. Defendant MOORE met with and Jennifer and James Crumbley during
knew that a police liaison was present at Oxford High School during the hours that
the meeting between Jennifer and James Crumbley and OXFORD COMMUNITY
254. Defendant MOORE knew that the subject matter of that meeting was
Crumbley.
office for over an hour without any search of his backpack, locker, or phone.
class, warning him that Child Protective Services might be called (without actually
65
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.473 Filed 01/07/22 Page 66 of 107
Minor, RILEY FRANZ, serious injuries to her person including, but not limited to:
j. Anxiety;
k. Mental anguish;
l. Emotional Distress;
s. Punitive damages;
t. Exemplary damages;
Minor, ISABELLA FRANZ, serious injuries to her person including, but not limited
to:
d. Anxiety;
e. Mental anguish;
f. Emotional Distress;
m. Punitive damages;
n. Exemplary damages;
• A PROFESSIONAL CORPORATION
while acting during the course and scope of his employment with OXFORD
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
264. The above actions committed by Defendant MOORE put the students
265. That, Defendant MOORE’s acts were the most immediate, efficient,
266. That, Defendant MOORE’s acts were the proximate cause of RILEY
68
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.476 Filed 01/07/22 Page 69 of 107
268. Prior to the occurrence of this horrific incident, Plaintiffs’ Minors, were
healthy, vibrant, and strong young women with every chance at a bright future, and
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
269. Plaintiffs’ Minors hereby reincorporate each and every allegation set
forth in the preceding paragraphs of this Amended Complaint as if fully set forth
herein.
270. At all times relevant hereto, and pursuant to Michigan Law, Defendant
COUNSELOR #1 owed a duty to act with care for the safety of the public while
Plaintiffs’ Minors, RILEY and ISABELLA FRANZ, which duties include, but are
not limited to, obeying all laws, statutes and local ordinances in a way that is not
grossly negligent.
69
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.477 Filed 01/07/22 Page 70 of 107
parents of students at Oxford High School as well as the students at Oxford High
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
School.
• A PROFESSIONAL CORPORATION
273. Defendant COUNSELOR #1 had viewed social media posts and media
274. In addition to the social media posts, Defendant COUNSELOR #1, had
threatening drawings while in class and during school hours at Oxford High School.
searching for and watching shooting videos on the day same day as he was making
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
threatening drawings while in class and during school hours at Oxford High School.
hour, during school hours, while students were still at Oxford High School.
meeting was to address threats, searches for ammunition, and violent commentary
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
by Ethan Crumbley.
• A PROFESSIONAL CORPORATION
282. COUNSELOR #1 allowed Ethan Crumbley to sit in their office for over
health and well being that a demand for immediate counseling was made and knew
out of class, warning him that Child Protective Services might be called (without
students and warned the students against reporting or otherwise mentioning the
threats.
retrieve the weapon from his backpack and shoot students at Oxford High School.
71
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.479 Filed 01/07/22 Page 72 of 107
Plaintiffs’ Minor, RILEY FRANZ, serious injuries to her person including, but not
limited to:
l. Emotional Distress;
s. Punitive damages;
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
t. Exemplary damages;
d. Anxiety;
e. Mental anguish;
f. Emotional Distress;
m. Punitive damages;
73
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.481 Filed 01/07/22 Page 74 of 107
n. Exemplary damages;
committed while acting during the course and scope of their employment with
293. That, Defendant COUNSELOR #1’s acts were the most immediate,
294. That, Defendant COUNSELOR #1’s acts were the proximate cause of
295. But for Defendant COUNSELOR #1’s actions, Plaintiffs’ Minors had
296. Prior to the occurrence of this horrific incident, Plaintiffs’ Minors, were
healthy, vibrant, and strong young women with every chance at a bright future, and
74
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.482 Filed 01/07/22 Page 75 of 107
297. Plaintiffs’ minors hereby reincorporate each and every allegation set
forth in the preceding paragraphs of this Amended Complaint as if fully set forth
herein.
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
298. At all times relevant hereto, and pursuant to Michigan Law, Defendant
COUNSELOR #2 owed a duty to act with care for the safety of the public while
acting as counselor of Oxford High School and specifically owed duties to Plaintiffs’
Minors, RILEY and ISABELLA FRANZ, which duties include, but are not limited
to, obeying all laws, statutes and local ordinances in a way that is not grossly
negligent.
parents of students at Oxford High School as well as the students at Oxford High
School.
75
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.483 Filed 01/07/22 Page 76 of 107
301. Defendant COUNSELOR #2 had viewed social media posts and media
302. In addition to the social media posts, Defendant COUNSELOR #2, had
• A PROFESSIONAL CORPORATION
shootings, and making threatening drawings while in class and during school hours
hour, during school hours, while students were still at Oxford High School.
meeting was to address threats, searches for ammunition, and violent commentary
by Ethan Crumbley.
308. COUNSELOR #2 allowed Ethan Crumbley to sit their office for over
out of class, warning him that Child Protective Services might be called (without
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
health and wellbeing that a demand for immediate counseling was made and knew
students and warned the students against reporting or otherwise mentioning the
threats.
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
retrieve the weapon from his backpack and shoot students at Oxford High School.
caused Plaintiffs’ Minor, RILEY FRANZ, serious injuries to her person including,
77
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.485 Filed 01/07/22 Page 78 of 107
g. Terrors;
• A PROFESSIONAL CORPORATION
j. Anxiety;
k. Mental anguish;
l. Emotional Distress;
t. Exemplary damages;
78
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.486 Filed 01/07/22 Page 79 of 107
d. Anxiety;
e. Mental anguish;
f. Emotional Distress;
g. Fright and shock;
79
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.487 Filed 01/07/22 Page 80 of 107
committed while during under the course and scope of their employment with
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
319. That, Defendant COUNSELOR #2’s acts were the most immediate,
320. That, Defendant COUNSELOR #2’s acts were the proximate cause of
321. But for Defendant COUNSELOR #2’s actions, Plaintiffs’ Minors had
322. Prior to the occurrence of this horrific incident, Plaintiffs’ Minors, were
healthy, vibrant, and strong young women with every chance at a bright future, and
80
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.488 Filed 01/07/22 Page 81 of 107
323. Plaintiffs’ Minors hereby reincorporate each and every allegation set
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
forth in the preceding paragraphs of this Amended Complaint as if fully set forth
• A PROFESSIONAL CORPORATION
herein.
324. At all times relevant hereto, and pursuant to Michigan Law, Defendant
STAFF MEMBER owed a duty to act with care for the safety of the public while
acting as an agent of Oxford High School and specifically owed duties to Plaintiffs’
Minors, RILEY and ISABELLA FRANZ, which duties include, but are not limited
to, obeying all laws, statutes and local ordinances in a way that is not grossly
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
negligent.
parents of students at Oxford High School as well as the students at Oxford High
School.
327. Defendant STAFF MEMBER had viewed social media posts and media
328. In addition to the social media posts, Defendant STAFF MEMBER, had
threatening drawings while in class and during school hours at Oxford High School.
81
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.489 Filed 01/07/22 Page 82 of 107
330. Ethan Crumbley met with Defendant, STAFF MEMBER about the
• A PROFESSIONAL CORPORATION
not to involve the school safety liaison officer of Ethan Crumbley’s behavior and
knowingly and deliberately decided not to inform him of his meeting with Ethan
333. Defendant STAFF MEMBER knew that the subject matter of that
meeting was to address threats, searches for ammunition, and violent commentary
by Ethan Crumbley.
caused Plaintiffs’ Minor, RILEY FRANZ, serious injuries to her person including,
82
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.490 Filed 01/07/22 Page 83 of 107
g. Terrors;
h. Disruption of her life;
j. Anxiety;
k. Mental anguish;
l. Emotional Distress;
s. Punitive damages;
t. Exemplary damages;
83
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.491 Filed 01/07/22 Page 84 of 107
Plaintiffs’ Minor, ISABELLA FRANZ, serious injuries to her person including, but
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
d. Anxiety;
e. Mental anguish;
f. Emotional Distress;
g. Fright and shock;
84
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.492 Filed 01/07/22 Page 85 of 107
committed while acting under the course and scope of their employment with
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
338. The above actions committed by Defendant STAFF MEMBER put the
339. That, Defendant STAFF MEMBER’s acts were the most immediate,
340. That, Defendant STAFF MEMBER’s acts were the proximate cause of
341. But for Defendant STAFF MEMBER’s actions, Plaintiffs’ Minors had
342. Prior to the occurrence of this horrific incident, Plaintiffs’ Minors, were
healthy, vibrant, and strong young women with every chance at a bright future, and
85
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.493 Filed 01/07/22 Page 86 of 107
343. Plaintiffs’ Minors hereby reincorporate each and every allegation set
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
forth in the preceding paragraphs of this Amended Complaint as if fully set forth
• A PROFESSIONAL CORPORATION
herein.
344. At all times relevant hereto, and pursuant to Michigan Law, Defendant
TEACHER #1 owed a duty to act with care for the safety of the public while acting
Minors, RILEY and ISABELLA FRANZ, which duties include, but are not limited
to, obeying all laws, statutes and local ordinances in a way that is not grossly
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
negligent.
346. In addition to the social media posts, Defendant TEACHER #1, had
actual knowledge of Ethan Crumbley searching for ammunition while in class and
347. TEACHER #1 made a deliberate decision not to inform the school on-
Crumbley’s backpack.
86
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.494 Filed 01/07/22 Page 87 of 107
350. At all times relevant hereto, Defendant TEACHER #1’s conduct was
• A PROFESSIONAL CORPORATION
Plaintiffs’ Minor, RILEY FRANZ, serious injuries to her person including, but not
limited to:
g. Terrors;
j. Anxiety;
k. Mental anguish;
l. Emotional Distress;
s. Punitive damages;
• A PROFESSIONAL CORPORATION
t. Exemplary damages;
u. Any and all compensatory damages, both past and future;
Plaintiffs’ Minor, ISABELLA FRANZ, serious injuries to her person including, but
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
e. Mental anguish;
f. Emotional Distress;
m. Punitive damages;
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
n. Exemplary damages;
committed while acting under the course and scope of their employment with
355. That, Defendant TEACHER #1’s acts were the most immediate,
356. That, Defendant TEACHER #1’s acts were the proximate cause of
357. But for Defendant TEACHER #1’s actions, Plaintiffs’ Minors had an
89
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.497 Filed 01/07/22 Page 90 of 107
358. Prior to the occurrence of this horrific incident, Plaintiffs’ Minors, were
healthy, vibrant, and strong young women with every chance at a bright future, and
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
respectfully requests judgment in their favor and against Defendant, TEACHER #1,
359. Plaintiffs’ Minors hereby reincorporate each and every allegation set
forth in the preceding paragraphs of this Amended Complaint as if fully set forth
herein.
360. At all times relevant hereto, and pursuant to Michigan Law, Defendant
TEACHER #2 owed a duty to act with care for the safety of the public while acting
as teacher at Oxford High School and specifically owed duties to Plaintiffs’ Minors,
RILEY and ISABELLA FRANZ, which duties include, but are not limited to,
obeying all laws, statutes and local ordinances in a way that is not grossly negligent.
90
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.498 Filed 01/07/22 Page 91 of 107
362. In addition to the social media posts, Defendant TEACHER #2, had
videos of a shooting while in class and during school hours at Oxford High School.
• A PROFESSIONAL CORPORATION
363. TEACHER #2 made a deliberate decision not to inform the school on-
Crumbley’s backpack.
366. At all times relevant hereto, Defendant TEACHER #2’s conduct was
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
Plaintiffs’ Minor, RILEY FRANZ, serious injuries to her person including, but not
limited to:
g. Terrors;
91
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.499 Filed 01/07/22 Page 92 of 107
j. Anxiety;
k. Mental anguish;
• A PROFESSIONAL CORPORATION
l. Emotional Distress;
m. Fright and shock;
s. Punitive damages;
t. Exemplary damages;
Plaintiffs’ Minor, ISABELLA FRANZ, serious injuries to her person including, but
d. Anxiety;
e. Mental anguish;
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
f. Emotional Distress;
m. Punitive damages;
n. Exemplary damages;
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
committed while during under the course and scope of their employment with
93
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.501 Filed 01/07/22 Page 94 of 107
371. That, Defendant TEACHER #2’s acts were the most immediate,
372. That, Defendant TEACHER #2’s acts were the proximate cause of
• A PROFESSIONAL CORPORATION
373. But for Defendant TEACHER #2’s actions, Plaintiffs’ Minors had an
374. Prior to the occurrence of this horrific incident, Plaintiffs’ Minors, were
healthy, vibrant, and strong young women with every chance at a bright future, and
respectfully requests judgment in their favor and against Defendant, TEACHER #2,
375. Plaintiffs’ Minor hereby reincorporate each and every allegation set
forth in the preceding paragraphs of this Amended Complaint as if fully set forth
herein.
94
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.502 Filed 01/07/22 Page 95 of 107
extreme and outrageous manner. Their actions went beyond all bounds of decency.
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
FRANZ to suffer severe mental and emotional distress and to be severely and
380. Additionally, and as the direct result of the actions taken by the
g. Terrors;
95
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.503 Filed 01/07/22 Page 96 of 107
j. Anxiety;
k. Mental anguish;
• A PROFESSIONAL CORPORATION
l. Emotional Distress;
m. Fright and shock;
s. Punitive damages;
t. Exemplary damages;
96
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.504 Filed 01/07/22 Page 97 of 107
381. Plaintiffs hereby reincorporate each and every allegation set forth in the
• A PROFESSIONAL CORPORATION
extreme and outrageous manner. Their actions went beyond all bounds of decency.
gunshot injuries upon her sister and her classmates and contemporaneously
experienced and continues to experience the consequential effects thereof, due to the
suffer severe mental and emotional distress and to be severely and permanently
97
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.505 Filed 01/07/22 Page 98 of 107
headaches, nausea, nightmares, dizziness, loss of appetite, and severe crying spells.
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
388. Additionally, and as the direct result of the actions taken by the
• A PROFESSIONAL CORPORATION
Defendants Plaintiff, RILEY FRANZ, serious injuries to her person including, but
d. Anxiety;
e. Mental anguish;
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
f. Emotional Distress;
m. Punitive damages;
n. Exemplary damages;
389. Plaintiffs’ Minors hereby reincorporate each and every allegation set
forth in the preceding paragraphs of this Amended Complaint as if fully set forth
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
herein.
endangerment and/or child neglect and/or reasonable cause to suspect child abuse or
vicarious liability for the actions of its employees and agents, had a statutory duty to
report suspected child abuse and/or endangerment of the children at Oxford High
School.
99
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.507 Filed 01/07/22 Page 100 of 107
392. Plaintiffs’ Minors were foreseeable victims protected under the Laws
reporter.
394. Not a single Defendant reported the endangerment caused by the threats
396. Defendants knew that Oxford High School students were under threat
and yet, allowed the Minor Plaintiffs to be in directly in the crosshairs of that threat.
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
398. Based upon the information that each and every defendant possessed,
as described herein, all Defendants were required to report Ethan Crumbley to Child
Protection Services.
reasonable suspicion that he had a gun, boastful posts about his gun, and reams of
writings indicating that murder was on his mind, not a single Defendant reported any
400. All Defendants had knowledge of a real threat to the students at Oxford
High School.
100
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.508 Filed 01/07/22 Page 101 of 107
behavior and recognized that he needed immediate mental health intervention and
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
knew that such intervention was not likely to be provided, putting the students at
• A PROFESSIONAL CORPORATION
402. All Defendants failed to take action to prevent the known threat to the
students. In fact, perpetrated the threat thereby, placing the Minor Plaintiffs in
greater danger.
greater danger.
neglect and/or their reasonable cause to suspect child abuse or endangerment was
the most immediate, efficient, and direct causes of Plaintiffs’ Minors suffering
neglect and/or their reasonable cause to suspect child abuse or endangerment was
“a” and “the” proximate cause of Plaintiffs’ Minors suffering physical, mental, and
emotional damages.
407. MCL§ 722.633 requires that any person responsible and who does not
report suspected child endangerment and/or child neglect and/or has reasonable
101
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.509 Filed 01/07/22 Page 102 of 107
proximately caused by the failure to report the same. Each Defendant herein is a
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
408. Each and every Defendant had reasonable cause to suspect the child
409. Each and every Defendant breached their duty(ies) to report the abuse/
neglect.
410. As a direct and or the direct proximate cause of the acts of all
Defendants in violation of the Child Protection Law, Minor Plaintiff RILEY FRANZ
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
g. Terrors;
h. Disruption of her life;
102
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.510 Filed 01/07/22 Page 103 of 107
l. Emotional Distress;
s. Punitive damages;
t. Exemplary damages;
violation of the Child Protection Law, Minor Plaintiff ISABELLA FRANZ suffered
the following:
d. Anxiety;
e. Mental anguish;
f. Emotional Distress;
n. Exemplary damages;
104
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.512 Filed 01/07/22 Page 105 of 107
Respectfully submitted,
/s/Geoffrey N. Fieger
GEOFFREY N. FIEGER (P30441)
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
CERTIFICATE OF SERVICE
105
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.513 Filed 01/07/22 Page 106 of 107
Vs.
Defendants.
GEOFFREY N. FIEGER (P30441)
JAMES J. HARRINGTON (P65351)
ROBERT G. KAMENEC (P35283)
NORA Y. HANNA (P80067)
MILICA FILIPOVIC (P80189)
Fieger, Fieger, Kenney & Harrington, P.C.
Attorneys for Plaintiffs
19390 West Ten Mile Road
Southfield, MI 48075
P: (248) 355-5555
F: (248) 355-5148
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
RELIANCE ON DEMAND FOR TRIAL BY JURY
106
Case 2:21-cv-12871-MAG-APP ECF No. 29, PageID.514 Filed 01/07/22 Page 107 of 107
HARRINGTON, P.C., hereby relies on their demand for a trial by jury in the
above-captioned matter.
Respectfully submitted,
/s/Geoffrey N. Fieger
GEOFFREY N. FIEGER (P30441)
JAMES J. HARRINGTON (P65351)
Dated: January 7, 2022 ROBERT G. KAMENEC (P35283)
NORA Y. HANNA (P80067)
MILICA FILIPOVIC (P80189)
FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.
CERTIFICATE OF SERVICE
107