FILED
TARRANT COUNTY
3/21/2014 11:08:23 AM
THOMAS A. WILDER
DISTRICT CLERK
CAUSE NO.: 067-271199-14
IN THE DISTRICT COURT
MARK SMITH, (A PSEUDONYM)
Plaintiff
V.
JUDICIAL DISTRICT
RACHELLE NICOLE HEENAN,
JOSEPH HEENAN, and
EAGLE MOUNTAIN-SAGINAW
INDEPENDENT SCHOOL DISTRICT
Defendants
TARRANT COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION FOR DAMAGES AND REQUEST FOR DISCLOSURES
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Plaintiff, MARK SMITH, (A PSEUDONYM), hereinafter referred to as
Plaintiff, by and through his attorney of record, BOBBIE EDMONDS, and pursuant to §247.2 of the
Texas Education Code - Educators' Code of Ethics, and files this suit against Defendant,
RACHELLE NICOLE HEENAN, JOSEPH HEENAN and EAGLE MOUNTAIN-SAGINAW
INDEPENDENT SCHOOL DISTRICT and for cause of action would respectfully show the court the
following:
LEVEL OF DISCOVERY
1.Discovery in this case is intended to be conducted under Discovery Control Plan Level 3 in
accordance with Rule 190.4 of the Texas Rules of Civil Procedure because the discovery needs to
be tailored to the circumstances of this specific litigation.
II.
PARTIES
2.1Plaintiff, MARK SMITH, (A PSEUDONYM), is an individual residing in Tarrant County,
Texas. He was a minor child and student authorized and attending Hollenstein Career and
Technology Center in Eagle Mountain-Saginaw ISD, when the events made the basis of this suit
MARK SMITH, (A PSEUDONYM)- Original Petition
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occurred. The pseudonym is the name used
in the underlying criminal matter that was previously
filed against the Defendant, RACHELLE NICOLE HEENAN.
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THOMAS A. WILDER
DISTRICT CLERK
2.2Defendants, RACHELLE NICOLE HEENAN and JOSEPH HEENAN are husband and
wife, residents of Haslet, Tarrant County, Texas and may be served at their resident located at 424
Donagon Court, Haslett, Texas 76052.
2.3 Defendant,
EAGLE MOUNTAIN-SAGINAW INDEPENDENT SCHOOL DISTRICT,
hereinafter referred to as "EM-S SD" is a school district situated in Tarrant County, Texas. The
defendant may be served with process through its Superintendent, Jim Chadwell, Ed.D, and may
be served at 1200 Old Decatur Road, Fort Worth, Texas 76179.
2.4Plaintiff would show that, based on the facts and allegations set forth herein, that this is a
cause of action for legal and equitable relief, including damages, costs, and attorney's fees for
incidents which occurred in Fort Worth, Tarrant County, Texas.
JURISDICTION AND VENUE
3.1Jurisdiction and venue are proper in this Court under the Texas Education Code and
because the incident made the basis of the lawsuit occurred in Tarrant County; and the actual
injuries were sustained and the damages were incurred by the Plaintiffs in this county. Plaintiffs
allege that the damages are within the jurisdiction limits of this Honorable Court.
3.2This is an action at law and in equity to redress the deprivation, by defendant, of Plaintiff's
rights, privileges and immunities secured under the Texas Education Code.
3.3Because of the willful and inappropriate actions of Defendants, and as a proximate cause
thereof, Plaintiff has been subjected to mental and physical abuse through an inappropriate
relationship.
3.4Because all or a substantial part of the events and omissions made the basis of the
Plaintiff's claims in this action, and because the parties resided in Tarrant County, Texas at all
times relevant,this court also has jurisdiction for the causes of action for negligent, intentional
MARK SMITH, (A PSEUDONYM)- Original Petition
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infliction of emotional distress, and for legal and equitable relief, including damages, costs,
and
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COUNTY
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THOMAS A. WILDER
DISTRICT CLERK
attorney's fees.
IV.
MOTION FOR PSEUDONYMS
4.1Plaintiff brings this suit under pseudonym in order to protect his privacy and to protect
himself from notoriety and embarrassment associated with the unwanted sexual contact. The
incidents made the basis of this suit began on February 10, 2012 and continued in various
locations while MARK SMITH, (A PSEUDONYM) was a minor residing in Saginaw, Tarrant County,
and attending his regular hours of school instructions within the Eagle Mountain-Saginaw
Independent School District, throughout the arrest of Defendant, RACHELLE NICOLE HEENAN in
April, 2012,
4.2Plaintiff moves the Court to permit this suit to proceed using pseudonyms and for an order
mandating such use in all documents which are publicly filed.
INTRODUCTION AND FACTUAL ALLEGATIONS
5.1In September, 2011 at the beginning of Plaintiff's senior year in high school, he signed up
for the One Year Delay Entry Program as a diesel mechanic in the United States Marine Corp. His
entry date was to be the day after graduation in June, 2012. Plaintiff's career goals were set prior
to Defendant, RACHELLE NICOLE HEENAN's illegal teacher/student relationship.
5.2During February 12, 2012, Plaintiff, MARK SMITH, (A PSEUDONYM), age 17, who was a
minor and a student at Hollenstein Career and Technology Center in Eagle Mountain- Saginaw
ISD, met Defendant RACHELLE NICOLE HEENAN, age 34.
5.3Defendant RACHELLE NICOLE HEENAN was a forensic science teacher at Hollenstein
Career and Technology Center and Plaintiff was a student in her class. Defendant, RACHELLE
NICOLE HEENAN, began a friendship with the then minor Plaintiff, became aware of his career
goals, and knew of his efforts to complete high school that upcoming June, 2012, and enter the
U.S. Marines the day after his graduation.
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took
5.4Over the course of their friendship, Defendant, RACHELLE NICOLE HEENAN
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COUNTY
advantage of Plaintiff's immature and under developed mental state of mind and
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THOMAS A. WILDER
began sending
DISTRICT CLERK
him unsolicited text messages of a sexual nature and sexting. They continued to exchange text
messages on a regular basis, hugged, kissed, and touched for sexual gratification which continued
and rapidly evolved into the illicit and unlawful ongoing sexual relationship.
5.5On or about March 8, 2012, the pair met in the parking lot of a local gym, engaged in
conversation, petting, kissing and fondling.Defendant, RACHELLE NICOLE HEENAN then
checked into a local hotel where the parties engaged in unlawful intercourse. Defendant continued
the pattern of sexual gratification with Plaintiff throughout the month of April and into the month of
May, 2012
5.6Plaintiff MARK SMITH, (A PSEUDONYM) was a victim of a sustained pattern of sexual
harassment, unlawful sexual contact, and sexual misconduct committed by Defendant RACHELLE
NICOLE HEENAN over a period of months.
5.7Plaintiff alleges that Defendant JOSEPH HEENAN, the husband of Defendant RACHELLE
NICOLE HEENAN, found out about the illicit relationship and notified school officials.
5.8Upon receiving the tip from Defendant JOSEPH HEENAN, Defendant EM-S ISD began an
investigation.
5.9Defendant RACHELLE NICOLE HEENAN's pattern of improper unlawful, sexual and
discriminatory conduct was carried out at the school, school sponsored activities and events,
school activities wherein Defendant RACHELLE NICOLE HEENAN was a chaperone, various
hotels in Tarrant County, and in the vehicle of Defendant RACHELLE NICOLE HEENAN, until
school officials were tipped off about the illicit and unlawful relationship in May, 2012. The unlawful
sexual contact continued until on or about May 18, 2012, when Defendant RACHELLE NICOLE
HEENAN was placed on administrative leave by Defendant, Eagle Mountain - Saginaw
Independent School District.
5.10 Defendant RACHELLE NICOLE HEENAN was indicted by the Tarrant County grand jury on
February 15, 2013 for Improper Relationship Between Educator and Student.
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5.11 On February 15, 2013, Defendant RACHELLE NICOLE HEENAN plead guilty TARRANT
to the COUNTY
degree felony, Improper Relationship Between Educator and Student. She was
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placed onDISTRICT
five (5) CLERK
years deferred adjudication probation with a $500.00 fine and standard conditions of probation. As
a further condition of probation and in lieu of disciplinary proceedings by the State Board for
Educator Certification, Defendant RACHELLE NICOLE HEENAN voluntarily surrendered her
teacher's license on February 15, 2013.
5.12 Plaintiff alleges that Defendant RACHELLE NICOLE HEENAN took advantage of his selfconfidence, immaturity and dependency issues and assaulted, raped and battered him in her
capacity of teacher/educator, in violation of the law.
5.13 Defendant RACHELLE NICOLE HEENAN used her position of trust a teacher/educator and
adult to prey upon the impressionable young male student. Plaintiff has elected to bring this action
to seek redress for violations of his rights to equal protection and the federal statutory right to
obtain an education without being subject to any treatment that adversely affects or endangers the
learning, physical or mental health of the student, and his right to be free from abusive conduct
committed by an adult who occupied a position of trust.
5.14 As a result of the improper relationship, sexual contacts and encounters initiated by
Defendant RACHELLE NICOLE HEENAN (age 34), Plaintiff (age 17) has suffered serious
permanent emotional, psychological and physical injuries for which he now sues upon.
5.15 Further, Plaintiff alleges that Defendant, RACHELLE NICOLE HEENAN has interrupted his
career path and goals and caused a delay in the process.
5.16 Plaintiff further alleges that Defendant, RACHELLE NICOLE HEENAN caused him
emotional grief and confusion which led to him acting in a manner unbecoming to his character.
As a result of the emotional stress and confusion, Plaintiff damaged some school property and
incurred an excessive bill for the property damage for which he owes in excess of $24,000.00, for
which he sues Defendant for the same along with other damages under the law.
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VI.
NEGLIGENCE OF DEFENDANTS
FILED
TARRANT COUNTY
3/21/2014 11:08:23 AM
THOMAS A. WILDER
DISTRICT CLERK
6.1At the time and on the occasions in question, the Defendant, RACHELLE NICOLE
HEENAN, was a certified educator with the State of Texas. As such, Defendant RACHELLE
NICOLE HEENAN had a fiduciary duty to protect her students and not solicit or engage in sexual
conduct or a romantic relationship with a student or minor as per the Texas Education Code.
6.2Defendant RACHELLE NICOLE HEENAN accepted and assumed the duties of her
position and she knew or should have known of her sexual propensities towards teenaged boys,
specifically, Plaintiff MARK SMITH, (A PSEUDONYM). Defendant RACHELLE NICOLE HEENAN
was therefore negligent in accepting a position of trust and guidance toward Plaintiff.
6.3At all material times mentioned in this Petition, Defendant JOSEPH HEENAN was the
spouse of Defendant RACHELLE NICOLE HEENAN and knew of her attraction to teenaged boys.
Defendant JOSEPH HEENAN failed to act to warn or otherwise protect young victims and failed to
secure the personal property shared with his wife, Defendant, RACHELLE NICOLE HEENAN, from
the sexual assaults that occurred.
6.4At all material times mentioned in this petition, Defendant EM-S ISD was the employer of
Defendant RACHELLE NICOLE HEENAN and knew of or should have known of her attraction and
sexual assault of the minor Plaintiff. Defendant EM-S ISD failed to provide proper supervision,
failed to act to warn or otherwise protect young victims and failed to secure the school premises
from the sexual assaults that occurred on school premises and at school sponsored events and
activities.
6.5At all material times mentioned in this Petition, Defendant RACHELLE NICOLE HEENAN
breached her duty to act as a reasonably prudent person and as an educator, and such actions
and/or omissions constituting negligence, which were the proximate cause of the occurrence and
injuries in question, as follows:
1.Failing to act as a reasonably prudent person in failing to remove herself from the
classroom/school;
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WILDER
dangerous position
she
DISTRICT CLERK
2.
Failing to inform or advise 067-271199-14
her employer of her propensities toward teenaged boys;
3.
Failing to seek help or counseling when she realized the
placed the minor Plaintiff and other students under her care and control; and
4.
Other acts or omission of negligence or wrongdoing.
Each of the foregoing acts and/or omissions were a proximate cause of the sexual contacts
and encounters complained of and the resulting damages
6.6At all material times mentioned in this Petition, Defendants JOSEPH HEENAN and EM-S
ISD were negligent in at least the following particulars:
1.
Allowing Defendant RACHELLE NICOLE HEENAN to be in the unsupervised
presence of teenaged boys, including Plaintiff, MARK SMITH (A PSEUDONYM);
2.
Failing to exercise ordinary care by failing to keep teenaged boys away from
Defendant RACHELLE NICOLE HEENAN;
3.
Failing to act reasonably prudent by keeping the residence, personal property and
school safe for teenaged boys; and
4.
Other acts or omission of negligence or wrongdoing.
Each of the foregoing acts and/or omissions were a proximate cause of the sexual contacts
and encounters complained of and the resulting damages
VII.
NEGLIGENCE PER SE OF DEFENDANT RACHELLE NICOLE HEENAN
7.1Plaintiffs hereby incorporates all preceding paragraphs as though fully alleged herein.
7.2Defendant, RACHELLE NICOLE HEENAN's outrages criminal acts toward Plaintiff were
also intentional. Defendant's conduct in violation of state criminal statues constitute negligence per
Se, including but not limited to Texas Penal Code sections 21.12, 22.011 and 22.04.
VIII.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
8.1Plaintiffs hereby incorporates all preceding paragraphs as though fully alleged herein.
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8.2Defendant, RACHELLE NICOLE HEENAN's
actions and/or failure to act toward Plaintiff asFILED
it pertains to his sexual abuse by Defendant, RACHELLE NICOLE HEENAN,
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THOMAS A. WILDER
were intentional
or
DISTRICT CLERK
reckless, extreme and outrageous, directed at the minor Plaintiff and proximately caused the
Plaintiff sever emotional distress. Defendant, RACHELLE NICOLE HEENAN's conduct in violation
of state criminal statues constitute negligence per Se, including but not limited to Texas Penal
Code sections 21.12, 22.011 and 22.04.
IX
PROXIMATE CAUSE
9.1Plaintiffs hereby incorporates all preceding paragraphs as though fully alleged herein.
9.2Furthermore, as a direct and proximate result of all of the above and foregoing, Plaintiff has
incurred legal expenses. These expenses were incurred for necessary legal work resulting from
the incident complained of. Plaintiff also sues for costs and attorney's fees.
9.3Defendant, RACHELLE NICOLE HEENAN, at all relevant times, while acting under color of
state law, engaged in a persistent pattern of sexual harassment, sexual assault, and sexual
misconduct against Plaintiff while she was employed with EM-S ISD and Defendants deprived
Plaintiff of his rights to equal protection under the Law.
9.4As a direct and proximate result of Defendant, RACHELLE NICOLE HEENAN's
unconscionable conduct, Defendants JOSEPH HEENAN AND EM-S ISUS conduct, Plaintiff
sustained the injuries, damages and losses set forth in this complaint.
9.5Each of such acts and/or omissions by Defendants singularly or in combination with others,
constituted negligence which proximately caused the injuries and damages to Plaintiffs.
X.
PAIN AND SUFFERING AND DAMAGES
10.1Plaintiff hereby incorporates all preceding paragraphs as though fully alleged herein.
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10.2Plaintiff suffered severe emotional pain, mental anguish, mental shock, physical
pain,
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COUNTY
inconvenience, loss of enjoyment of life, loss of appetite, and loss of earning
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THOMAS A. WILDER
capacity and
other CLERK
DISTRICT
pecuniary losses for which Plaintiff should be compensated.
10.3Furthermore, as a direct and proximate result of all of the above and foregoing, Plaintiff has
incurred legal expenses. These expenses were incurred for necessary legal work resulting from
the incident complained of.
a.
Plaintiff also sues for costs and attorney's fees. The expenses incurred are
reasonable and were the usual and customary charges made for services of the same kind
in Tarrant County. Texas.
b.
Plaintiff sues for an amount within the jurisdictional limits of this court.
C.Plaintiff
reserves the right to amend his pleadings as deemed necessary in the
future.
d.Plaintiff sues for an amount within the jurisdictional limits of this court.
XI.
REQUEST FOR DISCLOSURE
Plaintiff requests that within 50 days of service that each Defendant provide responses to
Disclosures per Texas Rule of Civil Procedure 194 to Plaintiff's attorney at the address below.
ii,
PRAYER
WHEREFORE PREMISES CONSIDERED, Plaintiffs pray that Defendants be ordered to
appear and answer to Plaintiff's claims.
Plaintiff further prays that upon final trial of this cause, Plaintiff shall recover:
1. Judgment against Defendants in an amount within the jurisdictional limits of this
court;
2. Interest on said judgment at the legal rate from date of judgment;
3. Pie-judgment interest on Plaintiff's damages as allowed by law;
MARK SMITH, (A PSEUDONYM)- Original Petition
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4. Cost of court; and
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5. Such other further relief to which Plaintiff may be justly entitled.
FILED
TARRANT COUNTY
3/21/2014 11:08:23 AM
THOMAS A. WILDER
DISTRICT CLERK
Ily s
BOBIE EDMONDS
StatèBar No. 064279004
Law Offices of Bobbie Edmonds
Water Garden Place
100 E. 1511 Street, Suite 410
Fort Worth, Texas 76102
(817) 332-6501
(817) 332-6599 FAX
Email: qoodverdictmsn.com
ATTORNEY FOR PLAINTIFF
MARK SMITH (A PSEUDONYM)
MARK SMITH, (A PSEUDONYM)- Original Petition
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THOMAS A. WILDER
DISTRICT CLERK
067-271199-14
VERIFICATION
STATE OF TEXAS}
COUNTY OF TARRANT }
BEFORE ME, the undersigned authority on this day personally appeared MARK SMITH, (A
PSEUDONYM). The affiant provided proper identification to attest to his actual name and identity.
However, as a crime victim, the pseudonym of MARK SMITH is being used to protect his identity.
After being duly sworn, deposes and states as follows that he is the Plaintiff in the aboveentitled and numbered cause and he has read the foregoing pleading and that to the best of his
knowledge, all statements contained therein are true and complete.
ARK SMITH, (A PSEUDONYM), Affiant
SWORN TO AND SUBSCRIBED before me on this theday of
certify and witness may hand and seal of this office.
Notary Public in an or
The STATE OF TEXAS
r
-
Mv CQCifttl
LEATRICE L. CHAPPELLI
I
Notary Public, State of Texas I
1lf.iL
My Commission Expires
flecmber 28, 2016J
MARK SMITH, (A PSEUDONYM)- Original Petition
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