“A a EDDY COUNTY, ‘SIA JUDICIAL(DIS FILED IN MY iE 99SEP-7 ANU: 02 FIFTH JUDICIAL DISTRICT COURT Coun or iN oN STATE OF NEW MEXICO ee STATE OF NEW MEXICO, Plaintiff, ¥s. No. CR-99-.251-JLS LINCOLN D'JANG, Ld as Defendant, CRIMINAL INFORMATION ‘The Assistant District Attorney in and for the Fifth Judicial District, State of New Mexico, states that the above defendant did commit the crimes of, COUNTI: CRIMINAL SEXUAL CONTACT OF A MINOR, contrary to Section 30-9-13 B, NMSA 1978, and alleges that said defendant did unlawfully and intentionally touch or apply force to the intimate parts of Jessica Maples, a child thirteen to eighteen years of age, and was perpetrated with foree or coercion, that this did happen on or about May 11, 1999, in Eddy County, New Mexico, COUNT2: CRIMINAL SEXUAL CONTACT OF A MINOR, contrary to Section 30-9-13 B, NMSA 1978, and alleges that said defendant did unlawfully and intentionally touch or apply force to the intimate parts of Jessica Maples, a child thirteen to eighteen years of age, and was perpetrated with force or coercion, that this did happen on or about May 11, 1999, in Eddy County, ‘New Mexico. COUNTS: CRIMINAL SEXUAL CONTACT OF A MINOR, contrary to Section 30-9-13 B, NMSA 1978, and alleges that said defendant did unlawfully and intentionally touch or apply force to the intimate parts of Jessica Maples, a child thrtoon to eighteen years of age, an wes perpetrated with force or coercion, that this did happen ut May 11, 1999, in Eddy County, New Mexico. ASSISTANT DISTRICT ATTORNEYCRIMINAL INFORMATION STATE v. LINCOLN D’JANG PAGE2 WITNESSES: Jessica Maples Patti Janes. Michael Carriaga Marcus Safar Sill Dennis PENALTY: Counts 1, 2 and 3 - 4ti: Degree Felonies, EACH COUNT F Thereby cortity that a true copy 4 the foresois Georgia Goad Jade Janes Gary Wu Brad Nesser Det. David Edmondson16-703, 7-703, 8-703] os Cc A& INTY, NM. IN THE MAGISTRATE COURT sie UDI aisraler COUNTY OF EDDY State of New Mexico No, M-17-FR-99-00216 MLO SOSEP-7 AMIN: 02 District Court No. (8-49-25 (-ULS ELEANOR SARA LINCOLN DIANG, Defendant DISTRICT COUR’ v. ‘TITLE PAGE OF TRANSCRIPY OF CRIMINAL PROCEEDINGS AND CERTIFICATE DEFENDANT represented by DENISE A. MADRID, Attomey at Law ‘Public Defender’s Office. [1 Appointed [X) Retained Address of Attomey P.O. BOX 1718 CARLSBAD, NM 88220 (STATE OF NEW MEXICO ) reselved (COUNTY OF EDDY ds. (CITY OF Carlsbad) Ido hereby certify that the attached is a complete transcript of Criminal Proceedings and is a true and correct representation of the entries in the Docket of the above-styled cause. Dated: August 27, 199°. c COURT CLERK CRIMINAL COMPLAINT; WARRANT FOR ARREST; RELEASE ORDER AND BOND; APPEARANCE BOND; HIRE OWN ATTORNEY FORM; ENTRY OF APPEARANCE; NOTICE OF PRELIMINARY E*MINATION; PRAECIPE FOR SUBPOENA; MOTION TO CONTINUE PRELIMINARY HEARING; ‘ORI-ER VACATING PRELIMINARY HEARING AND RESETTING FOR ANOTHER DATE; MOTION FOR, CS TINUANCE; ORDER FOR CONTINUANCE; FINAL DISPOSITION REPORT; TAPE LOG; AND BIND- “OVES. ORDER, PIPER IG-COM mo Q tape Anca Ropes, 1 copy - Court 1 copy - Defendant 1 copy - Prosecutor le Criminal Forta 9-608 xX-c OASTATE OF NEW MEX’ IN THE MAGISTRATE couRT CRIMINAL COMPLAINT M-19-FA-99- 00a! Co No. MmLo CRIME(e): CRIMINAL SEXUAL CONTACT OF A MINOR (FOUR COUNTS) STATE OF NEW MEXICO va. ‘LINCOLN DJANG _ A0L5_ALAMOSA STREET ee DEF. APPEARED, WITH/WITHOUT COUNSEL a . PENALTI Defendant ADVISED OF RIGHTS, CHARGES & ES is PLEA: GUILTY. NOT GUILTY_oc. COUNSEL APPT. will MTom TRIAL/HEARING DATE_fpq_3, 197 1 oP My The undersigned, under penalty of perjury complains and says on information and belief taat on or about the ITH day of MAY, 1999, in Eddy County, New Mexico, the above-named defendant did: STATE OF NEW MEXICO COUNTY OF EDDY The defendant did commit the offense of CRIMINAL SBXUAL CONTACT OF A MINOR (Four Counts) in that; The defendant touched or applied force to the buttocks of Jessica Maples on four separate incidents; The defendant used physical force each time; Jessica Naples was at least 13 but less than 18 years old; All four incidents happened at 3000 w. Mexico on or about the 11th day of May, Church, Carlsbad, Bddy County, New 1999. Contrary to Section(s) _20-9-13 (B) NMSA 1978 I swear and affirm under penalty of perjury that the facts set forth above are true to the best of my information and belief: District Attorney's Office ‘Approved pa Disapproved Title Gr) Bed) WDrere dhe’ Complainant DETECTIVE SE —________ Title (if any)CRIMINAL COMPLAINT Page Two State of New Mexico ve 08 6-08-99 T, Sergeant Edmondson met with Candace Maples and her Gaughter, Jessica ‘Maples at The Safehouse to conduct an interview with jessica in reference to allegations that Lincoln Djang, che defendant anapptopriately touched the buttocks of Jessica Maples. Sectice ts 16 year old temale and a member to The Carlsbad High School swim team The defendant Playing. a game of water polo at The Carlsbad High School Matatoriin, seo ¥. Shurch, Carlsbad, Eddy County, New Mexico. The defendant was in the capacity SFampconch and in the pool with the team, Jessica said ‘tha: the demnaet grqkbed her butt on four different occasiona during this session meee Seid that she was guarding the defendant's son, boug Djang and men Che ee Rinand wetrieve the ball, the defendant grabbed her butt. She back ranges Bim and he replied, *oh, spank me some more". Jessica stated that ake glared aati and went on with the game of water polo. Jessica said that she netees that every time she would turn around, the defendant was in hey vicinity. ihe next incident happened when she went to get the ball after it went Sree gPounaS and the defendant grabbed her butt again. Jessica turned Co glare at him and the defendant just smiled at her. Jessica sald that cate time this happened the defendant would just "smirk" at her and she wach glare" at hin. Jessica said that she made it known to him by the way che jooked at him that this was unwanted. The third time she aloo eas retrieving the ball when he crabbed her butt, she again glared at him. The fouch ving opened while she was swimming'to guard Doug Djang. Lincoln Djang, the Aggendant, gzabbed her around the waist as she was swimming and then Slaced his opposite hand on her butt in a caressing type motion. Jessica states chon she exited the pool and turned to glare at the defendant. The defendant just emiled at her. J spoke with several of the awim team members and they did not witness any Of the events as stated by Jessica. The menbers often stated that the defendant told jokes that are inappropriate and flirte with the older giris {around 16 years cf age). They also state that thay believe thie incident aia occur as stated by Jessica Maples due to Jessica being an honest and teathias person. Due to the above listed facts, this affiant believes that the defendant did commit the crime of Criminal Sexual Contact of a Minor (four counts)”Jessica Maples Georgia Goad Patti Janes Jade Janes Michael Carriaga Gary Wu Marcus Safar Brad Nesser dill Dennis Det. Sgt. David Edmondson WITNESSES ADDRESS. 2108 Calledecorniz 1306 Bryan Circle 502 W. Riverside 502 W. Riverside 5102 La Placita 1508 Jefferson 1306 Bryan Circle 1019 N. Guadalupe 405 Corbett Tor c, NM cepi ij | i | i a *008N20 by 596 Coun of apy TCT COURT oStRPR oc STATE OF NEW MEXICO STATE OF NEW MEXICO, ) Plaintiff, } vs. } No. CR-99-251-JLS LINCOLN D’JANG, } — } Deft ) IUDGMENT AND SENTENCE THIS MATTER came before the Court on January 6, 2000, for a Sentencing Hearing, the Battery (misdemeanor), committed on or about May 11, 1999, The Court made the following findings: Defendants hereby found and adjudged guilty and convicted of sid crimes and is committed {0 the custody ofthe Eddy County Detention Center, Carlsbad, New Mexico, for a Period of ThreeJUDGMENT AND SENTENCE STATE v. LINCOLN D'JANG PAGE2 Execution of Defendant's semence shall be suspended and Defendant shall be placed on supervised probation for the term of his sentence. ‘The following are conditions of Lefendant’s probation: 1 Defendant shall attend no less than four (4) meetings with Alcoholic Anonymous per calendar week during the entire term of his supervised probation; Defendant shall provide written reports every three (3) months to the Office of the District Attorney, Attn: Raymond L. Romero, Assistant District Attomey, 101 S. Canal Street, Carlsbad, New Mexico. Said reports shall verify Defendant's attendance at the Alcoholic Anonymous meetings. At each meeting, Defendant shall have the chairman of the meeting sign a form, verifying the date, time, place and the Defendant's presence at the meeting, Defendant is to submit such written proof that he has attended no less than four (4) meetings per calendar week with his quarterly report; and, Defendant is to hold a meeting at the Carlsbad High School Natatorium with all members of the swim team, to include the Carlsbad High School Swim Team, the Carlsbad USA Swim Club team, as well as selected Carlsbad High School faculty. At said meeting, Defendant is required to inform attending students and faculty of theJUDGMENT AND SENTENCE STATE v. LINCOLN D'JANG PAGES facts of his case (that he did in fact intentionally grab the buttocks of Jessica Maples ‘on three separate occasions during a water polo game which took place in the Carlsbad High School Natatorium on May 11, 1999), that Jessica Maples had in fact told the truth when she reported his actions to authorities, and that Defendant lied to them ‘when he claimed he had not committed the acts of which he had been accused. This meeting will be tape (audio) recorded. Defendant shall pay probation costs not to exceed $25,00 per month. During his period of probation the Defendant shall obey all regulations and orders of the Adult Probation and Parole Department and observe all Federal, State and City laws or ordinances, TTIS FURTHER ORDERED that the Deferviant shall be photographed and fingerprinted, and ‘that fingerprint card, along with the photos and an attestation and certificate thatthe fingerprints and photos are of this Defendant, shall be made a permanent part of the Court record in this matter. i SHULER DISfRICT JUDGEFIFTH JUDICIAL DISTRICT COUNTY OF EDDY STATE OF NEW MEXICO GARY MAPLES and CANDACE MAPLES, As Parents and Next Friends of Jessica Maples, a minor, rec cN Plaintiffs, if No, C¥-2000-_ 290. JAMES L. LINCOLN DJANG, SHEA DJANG, S L. SHULER CHARLOTTE NEILL, USA SWIMMING, INC, and S Summons clssud BOARD OF EDUCATION OF CARLSBAD MUNICIPAL SCHOOLS, Defendants. COMPLAINT FOR PERSONAL INJURIES AND FOR PUNITIVE DAMAGES COUNT COME NOW Plittfs Gary Maples and Candace Maples, as patents and next frends of Jessica Maples, a minor, and for a cause of action against Defendant Lincoln Djang, state: 1. Plaintis are resients of Crisbed, Eddy County, New Mexico; the tortious conduct which is the subject-matter hereof occurred in Carlsbad. Eddy County, New ‘Mexico. 2 Omand before May 11, 1999, Defendant Lincols Djang intentionally or recklessly engaged in extreme and outrageous conduct against Plaintiffs” minor daughter, touching and groping the minor’s body in an indecent manner, making indecent and sexual comments and overtures, and this atrocious and intolerable conduct caused the Plait ” minor daughter to experience and suffer severe emotional distress, all as will be shown upon trial of this eause 3. By reason of the foregoing, Plaimiffs are entitled to recover for and on bekalf of their minor daughter, an amount of compensatory damages as will be shown upon trial of this cause.A, Theaforessid conduct was wilful, malicious, wanton and/or reckless, and by reason theteof, Plaimitfs are entitled to reeover punitive damages, all as will be shown upon trial of this cause. WHEREFORE, Pleintifs pray for judgment against Defendant Lincoln Djang for compensatory damages, for puritive damages, for costs of sit, fr prejudgment interes, and for such other relief as may be just. COUNT I COME NOW Plsintfts Gary Maples and Candace Maples, as parents and next fiends of Jessica Maples, a minor, ad for a separate cause of action agrint Defendant Lincoln Djan, state 1. Paragraph 1 of Count {is incorporated by reference and made a part hereof 2, Onor about May 11, 1999, Defendant Lincoln Djang, without consent or any right todo o, indecently and intentionally touched, battered and/or asaulted Plaintiffs” minor daveb, thereby causing harm and emotional distress ll as will be shown upon tial ofthis onuse 3, By reason of the battery and assault aforesid, Plaintiffs, for and on behalf of heir rrinor daughter, are entitled wo recover a: amount of compensatory damages a will be shown upon tial of this cause. “4, Theaforesad battery and assault was wilful, malicious, wanton and/or recklessly done, anu by reason thereof, Pints are entitled to recover punitive damages all as willbe shown upon trial ofthis cause. WHEREFORE, Plaintfs pray for judgment against Defendant Lincoln Djang for compensatory damages for puitve damages, fr eos of et, for prejudgment interest, and for suck other relief as may be just. COUNT HT COME NOW Plaictifs Gary Maples and Candace Mapios, as parents and next fiends of Jessioa Maples, a minor, and fora separate cause of action aginst Defendant Lincoln Djans, sate Saat Fe Fa at ad Fr ne Da “Gaya Mas Lito Dn1. Paragraph 1 of Count 1s incorporated herein by reference and made apart hereot 2 Atal times material hereto, Defendant Lincoln Djang was acting as coach andor supervisor of a youth wim cub, Plaintiff” minor daughter was a member ofthe said club 3. Onand before May 11, 1999, Defendant Lincoln Djang, in neues and careless breach of his duty to exercise ordinary cate, conducted himelfin an offensive and indecent manner toward Plaintiffs’ minor daughter, thereby proximately causing emotional harm and damage, all as vill be shown upon til ofthis cause. 4, By reason of the aforesaid negligent and careless conduct, Plintiff, for and on behalf of their minor daughter, are entitled to recover an amount of compensatory damages, 28 will be shown upon trial ofthis cause. 5, ‘The aforessia conduct was wanton and/or reckless, and Plaintifs are entitled to recover punitive damages, all as will be shown upon tral of this cause WHEREFORE, Plaitits pray for judgment aysinst Defendant Lincoln Djang for ‘compensatory damages, for puitive damages, for costs of sit, for prejudgment interest, and for such other relief as may be just. count iv COME NOW Plistifts Gary Maples and Candace Maples, os parents and next fiends of Jessica Maples, a minor, and for a cause of action against Defendant USA Swimming, In. state 1. Paragraphs 1 & 2 of Count, paragraphs 1 & 2 of Count Hy, and paragraphs 1-3 of Count II are incorporated herein by reference and made a pat hereof. 2, Defendant USA Swimming, Ine. is a forsign corporation transacting corporate activities within the State of New Mexico. 3. The swim club aforesaid was created and existed under the auspices of Defendant USA Swimming, Inc, and/or through its local divisions and/or subdivisions. Cag Fe ats wd For aii De4, Defendant USA Swimming, Ine. sponsored, authorized and/or empowered Defendant Lincoln Djang and Defendant Shea Djang,as coaches and/or safety marshals in regard to the swim club aforesaid. 5, ‘The aforesaid acts and conduct of Defendant Lincoln Djang were done and committed in the course snd scope of the actual or apparent authority of Defendant USA Swimming, Ine. and Defendant USA Swimming, Ino. is, therefore, liable for the harm resulting from Defendant Lincoln Djang’s tortious conduct 6, By reason of the foregoing, Plaintiffs, for and on behalf of their minor daughter, are entitied to recover compensatory damages of and from Defendant USA Swimming, Inc, all as will bbe shown upon trial ofthis cause. WHEREFORE, Plaintiffs pray judgment against Defendant USA Swimming, Ine, for compensatory damages, for costs of suit, for prejudgment interest, and for such other relief as mey be jus. counTy COME NOW Plaintiffs Gary Maples and Candace Maples, as parents and next fiends of Jessica Maples, a minor, and for a cause of action against Defendant Shea Djang and Defindant USA Swimming, Inc, state: 1. Pa-agraphs 1 & 2 of Count I, paragraphs I & 2 of Count If, paragraphs 1-3 of Count TH, and paragraphs 1-5 of Count IV are incorporated by reference and made a part hereof, 2, Atal times material hereto, Defendant Shea Djang was acting in a capacity of coach and/or safety marshall in regard to the aforesaid swim club. 3. On and before May 11, 1999, Defendant Shea Djang negligently and carelessly allowed and permitted Defendant Lincoln Djang to participate with and to coach and otherwise be associated with the members of the youth swim club, including Plaintiffs” minor daughter, when she ‘Sa Pel i wa or Pas Da ‘ary aa Gace Map ¥en Da ea Peetknew or shoul have known that Defendant Lincoln Djang’s presence and participation ereated risk of harm to young girls, including Plaintiffs” minor daughter 4, Atal times material hereto, Defendant Shea Djang was acting he course and scope of the actual or apparent authority of Defendant USA Swimming, Inc,, and Defendant USA Swit ing, Inc. is, therefore, liable for Defendant Shea Djang’s aforesaid negligence. 5. Asadirect and proximate result of the negligence aforesaid, Plaintiffs? minor daughter ‘was harmed and has and will suffer emotional injury and damage, all as will be shown upon trial of this causé, 6, By reason of the foregoing, Plaintiffs, for an on behalf of their minor daughter, are entitled to recover compensatory damages of and from Defendant Shea Djang and Defendant USA ‘Swimming, Inc. in an amount to be shown upon trial of this cause, 7. The aforesaid conduct was wilful, wanton and/or reckless, and by reason thereof, ffs are entitled to recover punitive damages, all as will be shown upon tral ofthis cause WHEREFORE, Plaintiffs pray for judgment against Defendant Shea Djang and Defendant USA Swimming, Inc, for compensatory damages, for punitive damages, for costs of suit, for prejudgment interest, and for such other relief as may be just, COUNT ¥I COME NOW Plaintiffs Gary Maples and Candace Maples, as parents and next fiiends of Jessica Maples, a minor, and for a separate cause of action against Defendant USA Swimming, Inc., state 1, Peragraphs 1 & 2 of Count I, paragraphs 1 & 2 of Count Il, paragraphs 1-3 of Count LU, paragraphs 1-4 of Count IV, and paragraphs 1-5 of Count V are incorporated by reference and made a part hereof. 2. Defendant USA Swimming, Inc. was negligent, and such negligence includes, but is ‘not limited to, the following a ‘Coat or Pomel pars wa Far ni Grands Naps ol Dea(@) A failure to adequately screen and/or select coaches and safety marshalls; (b) A failure to adequately train coaches and safety marshalls, (©) A failure to property supervise coaches and safety marshalls involved with Tocat swim clubs; and/or (@ A failure to promulgate proper and adequate rules and regulations in regard ‘10 who shall be allowed to participate with local swim clubs, 3. Asa proximate result ofthe aforesaid negligence, Plaintiffs” minor daughter sustained injury and damage and has and will suffer emotional harm, all as will be shown upon arial of this ‘cause, 4. By reason of the foregoing, Plaintiffs, for and on behalf of their minor daughter, are ‘entitled to recover compensatory damages in an amcunt to be shown upon trial ofthis eause, 5. ‘The acts and omissions of Defendant USA Swimming, Ine, were wanton, wilful and/or reckless, and by reason thereof, Plaintiffs are entitled to rczover punitive damages, all as will be shown upon trial of this cause, WHEREFORE, Plaintiffs pray for judgment against Defendant USA Swimming, inc. for ‘compensatory damages, for punitive damages, for costs of sit, for prejudgment interest, and for such other relief as may be just COUNT VE COME NOW Plaintiff Gary Maples and Candace Maples, and for a cause of action against Defendant Board of Education of Carlsbad Municipal Schools, Defendant Shea Djang, and Defendant Charlotte Neil, state: 1, Paragraphs 1 & 2 of Count J, and paragraphs 1 & 2 of Count I herein by reference. incorporated 2. At all times material hereto, Defendant Shea Djang and Defendant Charlotte Neill ‘were public employees within the meaning of NMSA 1978, §41-4-1 et seq, and were acting within Cae Pa pate a Far Ts DG Ghee Cae na Dg athe course and scope of their duties with Defendant Board of Education of Carlsbad Municipal Schools, 3. Atal times matcrial hereto, Defendant Board of Education of Carlsbed Municipal Schools was a governmental entity within the meaning of NMSA 978, §41-4-1 et. seq.; owned, operated and maintained premises and buildings known as Carlsbad High School, including what is known as the Natatorium; and acted through its public employees. 4, These Defendants, in a breach of their duty to exercise ordinary care in the operation ‘and maintenance of the aforesaid premises, including the Natatorium, permitted and allowed Defendant Lincoln Djang to enter and come upon the said premises and to then and there be in close, contact and association with young git including Plaintiffs’ minor daughter, when they knew, or should have known, that doing so would create a dangerous condition on said premises and erate arisk of harm, SS *> Asa direct and proximate result of the negligent operation and maintenance of a public building and facilities as aforesaid, Plaintiffs" minor daughter sustained injury and damage, and bas ‘and will suffer emotional harm, all as will be shown upon trial of this cause. 6. There is no immunity fiom suit a8 to these Defendants, pursuant to the waiver provisions of NMSA 1978, §41-4-6. 7. Nonotice of claim pursuant to NMSA 1978, §41-4-16 is required as to Defendants Shea Djang and Charlotte Neill all ofthese Defendants had sufficient actual notice of the claim herein asserted; and written notice was sent on behalf of Plaintiffs? minor daughter on February 9, 2000. 8. By reason of the foregoing, Plaintiffs, for and on behalf of their mino. daughter, are ‘entitled to recover compensatory damages in an amount to be shown upon trial of this cause. WHEREFORE, Plaintiffs pray for judgment against Defendant Board of Education of ‘Carlsbad Municipal Schools, Defencant Shea Djang and Defendant Charlotte Neill for compensatory damages, for costs of suit, and for such other relic as may be just jaar Fa tn Dama ‘Gry nd ands Mais. ina Dt ok PapeCOUNT Vi COME NOW Plaintiffs Gary Maples and! Candace Maples, as parents and next friends of Jessica Maples, a minor, and for a separste cause of action against Defendant Board of Education of Carlsbad Municipal Schools, state: 1. >. Paragraphs 1 & 2 of Count land paragraphs 1 & 2 of Count If are incorporated herein by reference and made a part hereof. 2 This Court has jurisdiction of this cause of action based upon 42 U.S.C §1983. 3, Defendant Board of Education of Carlsbad Municipal Schools is a political division ot subdivision created and existing under the laws of the State of New Mexico. 4, Atal times material hereto, Defendant Board of Education of Carlsbad Municipal ‘Schools was acting, under color of law, in a manner of acts and omissions which deprived Plaintifi” minor daughter of the rights, privileges and immunities secured to her by the Fourth, Bighth and/or Fourteenth Amendments to the Constitution of the United States of America, 5. Ataall times material hereto, Defendant Board of Education of Carlsbad Municipal ‘Schools filed to supervise its teachers, coaches snd other school personne! at Carlsbad High School, ‘and had no effective or enforced policy regarding protecting female students from indecent abuse and/or assault, and thus failed to prevent cénstitutional deprivations of the civil rights of female students, such as that which occurred with Plaintiffs’ minor daughter on and before May 11, 1999. 6. ‘The omissions of Defendant Board of Education of Carlsbad Municipal Schools as aforesaid were a trary, reckless, and shocking to the conscience, 7. The omissions of Defendant Board of Education of Carlsbad Municipal Schools as aforesaid amounted to a deliberate and reckless inference to the rights of female students, including Plaintfs? minor daughter, and worked to deprive Plaintiffs’ minor daughter, and others, of civil and ‘personal rights and freedoms, Sag Fel Epa od ar ne Das ‘hey nd Canes Malar cos Dig a Pees8 ‘The aforesaid omissions further created danger and the risk of harm to Plaintiffs” ‘minor daughter, and others, at the said schoo! facility. 9. Asadirect and proximate result of the aforesaid omissions of Defendant Board of Education of Carlsbad Municipal Schools, and in violation of Jessica Maples’ civil rights, the said minor was indecently abused and assaulted by Defendant Lincoln Djang, al! to her physical and emotional harm. : 10. The damages sustained by Plaintiff” minor daughter as aforesaid, including the violation of and injury to her body and personal integrity, and her emotional suffering, all as will be shown upon trial ofthis cause 11. The egregious and reckless conduct of Defendant Board of Education of Carlsbad “Municipal Schools gives rise to punitive damages, as will be shown upon tral of this cause, WHEREFORE, Plaintiffs pray for judgment against Defendant Board of Education of Carlsbad Municipal Schools for compensatory demages, for punitive damages, for costs of suit, for attorney fees (42. U.S.C. §1988), and for such other relief as may be just. Ralph ef Attorney for Plaintif? Post Office Box 2447 Roswell, New Mexico 88202-2447 (505) 623-2670 ‘Sag Reis Fr Pn Ds Gayestbis} OFFICE OO AUG IS PM 4:03 FIFTH JUDICIAL DISTRICT COUNTY OF EDDY ELEANOR JARNAGIN STATE OF NEW MEXICO DISTRICT COURT CLERK GARY MAPLES and CANDACE MAPLES, ‘As Parents and Next Friends of Jessica ‘Maples, a minor, Plaintifis, ‘No. CV 2000-290 LINCOLN DIANG, SHEA DJANG, CHARLOTTE NEILL, USA SWIMMING, INC, and BOARD OF EDUCATION OF CARLSBAD MUNICIPAL SCHOOLS, Defendants. NOTICE OF FILING OF NOTICE OF REMOVAL Please take notice that on the _L¢{ day of August 2000, Defendants, Board of Eiiucation of Carlsbad Municipal Schools, Charlotte Neill, and Shea DJang filed a Notice of Removal, a copy of whichis attached hereto, in the Office of the Clerk of the United States istict Court for the District of New Mexico. MAREK, FRANCIS & BYERS P.A. i B y am i am Marek 110 W. Shaw P.O, Drawer AA, Carlsbad, NM 88221-7520 i Phone: (505) 885-6615 Fax: (505) 885-1701 E-Mail: tom@iawyersnm.com Attomeys for Defendants, Board of Education of Carisbad Municipal Schools, Charlotte Neill, and ‘Shea Dang, ay"The undersigned certifies that a true copy of the foregoing was mailed to the following counsel of record this £44 day of August, 2000: Dick A. Blenden, Esq. Blenden Law Firm P.O. Box 1446 Carlsbad, NM 88221 Denise Madrid-Boyea, Esq MeCormick Law Firm P. 0, Box 1718 Carlsbad, NM 88221 Rudolph A. Lucero, Esq. Miller Law Firm P.O. Box 25687 ‘Albuquerque, NM 87125-0687 Relph Shamus, Esq. Polen 2a7 ‘Roswell, NM 88202-2447 Hessel E. Yntema, Esq. P.O. Box 1748 Albuquerque, NM 87103-1748GARY MAPLES and CANDACE MAPLES, As Parents and Next Friends of Jessica Maples, a minor, vs. LINCOLN DJANG, SHEA DIANG, CHARLOTTE NEILL, USA SWIMMING, INC, and BOARD OF EDUCATION OF CARLSBAD MUNICIPAL SCHOOLS. Defendants, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO Plaintiffs, No. ) ) ) ) ) 2 ) ) ) ) ) ) ) ) NOTICE OF REMOVAL Defendants, Board of Education of Carlsbad Municipal Schools, Charlotte Neill, ‘and Shea Dang, in the above-styled matter state: ‘This civil action has been commenced and is now pending in the Fifth Judicial District, County of Eddy, State of New Mexico as cause No. CV 2000-290 , wherein Gary ‘Maples and Candace Maples, as parents and Next Friends of Jessica Maples, @ minor, are Plaintiffs and Lincoln Djang, Shea Djang, Charlotte Neill, USA Swimming, Inc, and Boat ‘of Education of Carisbad Municipal Schools are Defendants. 2 ‘The nature of this suit is as follows: Count 1 against Lincoln Djang: Indecent sexual comments and overtures Count 2 against Lincoln Djang: Battery and/or assault Count 3 against Lincoln Djang: Negligence Count 4 against USA Swimming, Inc.: Respondeat superior because of Lincoln Djang and Shea Djang ‘Count 5 against Shea Djang and USA Swimming, Inc.: Negligence Count 6 against USA Swimming, Inc.: NegligenceCount 7 against Board of Education of Carlsbad Municipal Schools, Charlotte Neill and Shea Djang - operation ane maintenance of premises Count 8 against Board of Education of Carlsbad Municipal Schools - civil rights 3. This action in Count 8 involves a federal question arising under the constitution and laws of the United States pursuant to 28 U.S.C.§1331. 4. This court has removal jurisdiction over this action pursuant to 28 U.S.C.§1441(b), and this petition i timely filed pursuant to 28 U.S.C.§1446(6). 5. ‘These Defendants allege service of the other Defendants as follows: ‘A. Plaintiff's Complaint filed 21 June 2000, B, Lincoln Djang - has not been served, C. Shea Djang - served 27 June 2000, but she has not answered the Complaint, * A Limited Entry of Appearance was filed on her behalf as to Count 7 on 17 Joly 2000, U.S.A. Swimming, Inc. - served 29 June 2000 and answered the Complaint in State Court on 21 July 2000. E, _ Board of Education for Carlsbad Municipal Schools and Charlotte Neill - served 17 July 2000. 6. Copies of all process, pleadings and orders served upon this Defendant are attached hereto as Exhibit A and made a part hereof. 7. A-copy of Plaintiffs’ Complaint was served upon this Defendant, Charlotte Neill ‘and Board of Education of Carlsbad Municipal Schools, on 17 July 2000. 8. Defendants, immediately upon filing this notice, have given written notice of the filing thereof to all parties as required by 28 U.S.C.§1446(d) and has filed a copy of this, Notice with the Clerk of the Court from which this action was removed as required by 28 US.C.§1446(d).‘The co-defendants’ position concerning this removal: A B. Lincoln Djang - objects to the removal: ‘Shea Djang - does not object to the removal to the extent of the Limited Entry of Appearance on her behalf; Charlotte Neill - concurs in the cemoval; and U.S.A. Swimminig, In. objects to the removal. MAREK, FRANCIS & BYERS P.A. P.O. Drawer AA, Carlsbad, NM 88221-7520 Phone: (505) 885-6615 Fax: (505) 885-1701 E-Mail: tom@lawyersam.com Attorneys for Defendants, Board of Education for the Carlsbad Municipal ‘Schools, Charlotte Neill, and Shea DJangFIFTH JUDICIAL DISTRICT COURT COUNTY OF EDDY STATE OF NEW MEXICO GARY MAPLES and CANDACE MAPLES, As Parents and Next Friends of Jessica Maples, a minor, Plaintitts, % LINCOLN DIANG, SHEA DJANG, CHARLOTTE NEILL, USA SWIMMING, INC, and BOARD OF EDUCATION OF CARLSBAD MUNICIPAL SCHOOLS, Defendants. VU Q) cean27 PH ini sfRICT COURT HER No. CV-2000-290 Judge Jay W. Forbes MOTION TO DISMISS WITH PREJUDICE a NN A COME NOW tbe Plaintifis herein, throughi counsel, and move for a dismissal o%any and all remaining causes of action in this case as to all Defendants, including Defendant Lincoln Djang, and as grounds therefor state that all matters in controversy have bern settled and resolved. Thecy ly tht copy of he eng ‘esto aypsng ouster is i arta, 208 Ageef-—$ napledptotictooniss ae Ralph D. Shamas “Attorn for Plaintifis Post Guice Box 2447 Roswell, New Mexico 88202-2447 (505) 623-2670FIFTH JUDICIAL DISTRICT COURT COUNTY OF EDDY STATE OF NEW MEXICO GARY MAPLES and CANDACE MAPLES, As Parents and Next Friends of Jessica Maples, a minor, Plaintitts, ¥ No. CV-2000-290 LINCOLN DIANG, SHEA DIANG, CHARLOTTE NEILL, USA SWIMMING, INC., and BOARD OF EDUCATION OF CARLSBAD MUNICIPAL SCHOOLS, Defendants. ORDER OF DISMISSAL WITH PREJUDICE, THIS MATTER bavicig come on to be heard by the Court upon the Motion to Dismiss with Prejudice, and the Court being fuliv sdvised in the premises, finds that said Motion should be granted. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that any and all ‘remaining causes of action in this case, including those against Defendant |.incoln Djang, are hereby dismissed with prejudice, each party to bear their own costs. oa a pee Ralph D. Shamas Attorney for Plaintis wed by; ie Blk Dick Blenden Attorney for Defendant Lincoln Djang epi ptereatnsa