School district coach/security guard sexually abuses male teen at high school. $25M. Santa Barbara County.

Summary

Santa Barbara School district had notice of disturbing facts about defendant security guard but failed to take action.

The Case

  • Case Name: John Doe 2 v. Santa Barbara Unified School District
  • Court and Case Number: Santa Barbara Superior Court / 22CV01055
  • Date of Verdict or Judgment: Friday, December 08, 2023
  • Date Action was Filed: Wednesday, March 16, 2022
  • Type of Case: Sexual Abuse
  • Judge or Arbitrator(s): Hon. Thomas Anderle
  • Plaintiffs:
    John Doe 2
  • Defendants:
    Santa Barbara Unified School District
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $25,000,000
  • Award as to each Defendant:

    $25,000,000 with 80% of the fault apportioned to Santa Barbara Unified School District and 20% of the fault apportioned to the perpetrator of the abuse, Justin Sell.

  • Contributory/Comparative Negligence: None.
  • Economic Damages:

    None.

  • Non-Economic Damages:

    $25,000,000

  • Trial or Arbitration Time: 7 days
  • Jury Deliberation Time: 2 days

The Attorneys

  • Attorney for the Plaintiff:

    Taylor & Ring by Natalie Weatherford and John Taylor, Manhattan Beach.

  • Attorney for the Defendant:

    Tyson & Mendez by Harry Harrison and Adrian Gragas, La Jolla.

Facts and Background

  • Facts and Background:

    Plaintiff was a 15-year-old student at Dos Pueblos High School in Goleta, part of the Santa Barbara Unified School District (SBUSD), when he was sexually abused by Justin Sell, an adult male security guard and an assistant football coach at the school, from 2008-2011.  Defendant Sell worked as both an assistant football coach and a security guard in the school district.  He was removed from the coaching position but remained working as a security guard. During the period of abuse, the school district promoted Sell to a permanent position.  In 2011, after moving him to another high school, the district entered into a confidential resignation agreement with Sell.

    In June 2013, Sell was arrested and charged with multiple felonies involving two boys, including stalking and sexual abuse.  The criminal case resulted in a plea bargain that included jail time and probation.

  • Plaintiff's Contentions:

    That pior to and during Sell's abuse of plaintiff, SBUSD had repeated notice that Sell was grooming and targeting young male students at the school. That despite the long list of alarming information SBUSD had about the security guard and his misconduct towards young boys, SBUSD transferred Sell to work at another school within SBUSD, Santa Barbara High School.

    Plaintiff contended that SBUSD was negligent in its supervision of its student, John Doe 2, and negligent in its supervision of its employee, Justin Sell.

     

  • Defendant's Contentions:

    Defendant SBUSD contended that it was not negligent and disputed the nature and extent of plaintiff's injuries.

Injuries and Other Damages

  • Past and future emotional distress.  At trial, plaintiff was 30 years old.

     

Special Damages

  • Special Damages Claimed - Past Medical: None
  • Special Damages Claimed - Future Medical: None
  • Special Damages Claimed - Past Lost Earnings: None
  • Special Damages Claimed - Future Lost Earnings: None

Additional Notes

Plaintiff is referred to as John Doe 2 because the judge declined to consolidate his case with two other cases for trial.