Friday, June 20, 2014

An Amendment, Some Developments, and Hashtags

Attorney Kevin Mulhearn filed an amended complaint today for the last St. Francis Prep lawsuit he filed, (the one with allegations regarding Assistant Principal Christopher Mendolia and former teacher Fernando Sicilia) adding a cause of action for breach of contract. Here is that new, amended portion of the complaint.


135. Plaintiff repeats and realleges paragraphs “1 through 134” herein as of each has been fully set forth at length.
136. At all material times, Plaintiff had an implied contract with ST. FRANCIS PREP to the extent that if she paid the requisite tuition and fees and complied with all terms prescribed by the school, she would obtain a high school degree.
137. Additional terms of the implied contract between ST. FRANCIS PREP and Plaintiff were supplied by bulletins, circulars, regulations, and website materials, supplied to Plaintiff by ST. FRANCIS PREP.
138. ST. FRANCIS PREP’s Mission Statement, which was in place and published to students (including Plaintiff) at all material times, provided, inter alia, that the school and its family would “treat [students] with respect and dignity” and “create an environment filled with academic success, respect, integrity, and joy.”
139. ST. FRANCIS PREP’s Faculty Handbook provides, inter alia, that faculty members “shall not intentionally expose the student to embarrassment, disparagement, or abusive language,” “shall not use professional relationships with students for private advantage,” shall “make reasonable effort to protect the student from conditions harmful to learning or to health and safety” and shall “manifest peace, love, and respect for the individual.”
140. The implied covenant between Plaintiff and ST. FRANCIS PREP, therefore, mandated that ST. FRANCIS PREP and its officials and faculty: (1) treat students (including Plaintiff) with respect, integrity and dignity, (2) create a school environment filled with, inter alia, respect and integrity, (3) not intentionally expose students (including Plaintiff) to embarrassment, disparagement, or abusive language, (4) not use professional relationships with students (such as Plaintiff) for private advantage, and (5) not create, foster, or exacerbate conditions harmful to students’ (including Plaintiff’s) ability to learn, or to their health and safety.
141. For the reasons set forth herein, Defendant, ST. FRANCIS PREP, violated its implied contract with Plaintiff, by engaging in conduct, acts, and omission which violated each and every one of the above-described terms of the implied contract between ST. FRANCIS PREP and Plaintiff.
142. Plaintiff, at all material times, fulfilled each and every one of her obligations under her implied contract with ST. FRANCIS PREP.
143. As a direct and proximate result of ST. FRANCIS PREP’s above-described conduct, acts and/or omissions, Plaintiff suffered significant harm, including but not limited to lost tuition and other school-related expenses, severe emotional distress and pain and suffering, medical care costs, and costs incurred for necessary counseling.

WHEREFORE, based on the aforesaid, Plaintiff hereby demands judgment in her favor and against each of the Defendants, jointly and severally, as follows:
1. As and for Plaintiff’s First Cause of Action, Fraud (Against Defendants, ST. FRANCIS PREP,  BROTHER LEONARD CONWAY, and PATRICK McLAUGHLIN), a sum to be determined at trial as and for compensatory damages, and a sum to be determined at trial as and for punitive damages;
2. As and for Plaintiff’s Second Cause of Action, Breach of Contract (Against Defendant, ST. FRANCIS PREP, a sum to be determined at trial as and for compensatory damages; and
3. Any other, different or further relief as this Honorable Court may deem just, proper or necessary.

An interesting thing happened when I posted the blog with the original complaint involving allegations regarding Assistant Principal Christopher Mendolia and former teacher Fernando Sicilia. Three St. Francis Prep graduates contacted me telling me their stories - which ultimately resulted in the three of them calling Kevin Mulhearn expressing a desire to pursue their legal rights. Two of them allegedly experienced very inappropriate behavior from one particular current department Chairperson. One of them allegedly had horrific experiences with a Franciscan brother - (it's not Michael Moran, just in case you were wondering. One of Moran's victims did reach out to me, though.)

All signs are pointing to my having something interesting to copy and paste here in July.
This really was just a matter of time, because when the Daily News Article was published last year at this time, six SFP graduates called Kevin Mulhearn. For old times' sake, here's the link to that article:

On another note, the hashtags people are posting on our BRH website are hilarious - e.g. #Americarunsondunkin. I am guessing this arose as a result of the hashtag sketch in the 2014 SFP senior video.

All that fun prompted me to create a couple of my own special hashtags here:
#truthbetold #JustinTime #gosuckanegg - some of you will get this joke, others not so much. I apologize for that.

One last thing: Director/producer Nick Deninno launched the website for the movie so that anyone interested in getting updates, etc. can register. Felicia Mooradian is almost done with the screenplay and therefore we will have much more to tell you very shortly. So far, we have four alumni who will be working on the film. If you are interested in participating, please feel free to send us a note via the movie website

Talk to you in July!!

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