Flood lawsuit claims disputed
Two defendants named in a lawsuit filed by a Zelienople family on behalf of their son are challenging core claims made in the lawsuit, with one girl claiming the boy sexually assaulted her and another girl rejecting the suit's characterization of her involvement.
The suit, filed by the Flood family of Zelienople on behalf of their minor son, T.F., lists as defendants David and Christy Sherk as parents of minor K.S.; David and Christine Seaman as parents of C.S.; Cris and Kimberly Salancy as parents of minor E.S.; and David and Lynn Reina, both individually and as parents of H.R. The suit also names the Seneca Valley School District.
Both court filings were made in response to the amended lawsuit filed by the Floods in May, with one of the two families filing a counterclaim seeking damages against the plaintiffs.
The court documents were filed June 26 and 27 by attorneys representing the families of K.S. and E.S. In both filings, the families of the defendants deny that their children bullied T.F. Furthermore, the family of K.S. “deny each and every allegation” made against her.
The counterclaims also request that a judge place the cost of the suit on the Flood family.
The Floods' three-count complaint states K.S., C.S., E.S. and H.R. falsely accused T.F. of criminal conduct, including sexual assault. As a result, it asserts, T.F. was bullied at school and forced to make numerous court appearances and be placed in juvenile detention. He also suffered a “loss of his liberty, psychological and physical injuries” before the girls “reluctantly” admitted to making false accusations, according to the complaint.
But the K.S. filing rejects the claim that T.F. is the victim.
In the counterclaim filed last week by David and Christy Sherk, the family accuses T.F. of sexually assaulting their daughter and denies that K.S. lied about the incidents or that she bullied T.F.
The Sherk family claims repeatedly in their filing that K.S. maintained her story about T.F. assaulting her while the two worked at the Zelienople Community Pool in 2017 throughout the course of the investigation and subsequent lawsuit.
They further contend that the Butler County District Attorney's Office closing the case against T.F. was not related to charges being dropped with regards to their daughter.
“It was only once he completed the terms and conditions of his supervision that the case against him was closed,” the Sherks argue in the counterclaim. “K.S. never recanted her accusations against T.F. and never committed or admitted to any misconduct.”
The family blames T.F. for any harm that the Floods suffered since he “on at least three occasions engaged in inappropriate conduct of a sexual nature, which caused him to be reported three times by three separate victims and charged on each such occasion with sexual assault or harassment through acts of a sexual nature.”
The Sherk's further accuse the Flood's of “negligence, recklessness, and carelessness ... in failing to properly supervise their minor child so as to prevent K.S. from being sexually assaulted.” The family seeks court costs and damages against the Floods, arguing they have suffered pain, embarrassment, inconvenience, emotional and psychological trauma. Furthermore their court claim contends “they all have experienced grief, anxiety, depression and nervousness” and have been in treatment for their injuries.
In her own court filing in answer to the Flood's lawsuit, defendant E.S. denies accusing “T.F. of criminal conduct, including sexual assault.” She admits that she had been drinking alcohol underage on the night in question related to the second charges being filed against T.F. — those involving a March 2018 incident at the home of defendant C.S. She also admits that a Snapchat message was sent to T.F. inviting him to the home where C.S.'s parents were not present. C.S. later accused T.F. of assaulting her that night.
In their lawsuit, the Floods claim their son stayed only briefly at the home where E.S., C.S. and another girl, H.R., were drinking; that C.S. was drunk; and that the three girls also discussed buying marijuana.
In their filing, E.S.'s lawyers argue that she “is without knowledge or information sufficient to a belief as to the truth of the remaining (allegations)” surrounding the incident. She further denies talking with other students and Seneca Valley about the incident or that she conspired with C.S. or H.R. to lie to investigators about the alleged assault or which events preceded it. She also denies in her filing that she told other students that T.F. sexually assaulted C.S. and claims she denied witnessing a sexual assault when another student asked her about it.
The lawsuit has undergone various changes since its original filing in October 2018. In May, an updated complaint was filed and earlier this month three of the original defendants were dropped from the lawsuit.
The county, district attorney's office and George, Pam and Meghan Villegas have been dismissed with prejudice from the case, meaning charges cannot be brought against them again regarding the accusations.
All parties and counsel involved in the case approved that dismissal.
The following timeline is in an amended complaint filed by the Flood family of Zelienople, outlining two incidents in which their son was the alleged victim of false accusations.The amended complaint names as defendants the Seneca Valley School District; David and Christy Sherk as parents of minor K.S.; David and Christine Seaman as parents of C.S.; Cris and Kimberly Salancy as parents of minor E.S.; and David and Lynn Reina, both individually and as parents of H.R.Below is a timeline of events as detailed in the complaint.Summer 2017: T.F. employed as a lifeguard at the Zelienople Community Pool. He was fired after K.S., a co-worker, reportedly told a supervisor he sexually assaulted her.October 2017: Students told T.F. that K.S. said she would do anything to get him expelled from school. T.F.'s mother, Alecia Flood, addressed the threat with an assistant principal.K.S. later told a guidance counselor she was sexually assaulted by T.F., and the counselor reported the case to ChildLine. A forensic interviewer spoke to K.S., and T.F. was charged with indecent assault and two counts of harassment.K.S. also told school administrators that T.F. made her feel uncomfortable, which led to T.F.'s schedule and class being changed. T.F. was not allowed to contact his mother about the matter.November 2017: The Floods accept a consent decree through the County District Attorney's Office in which T.F. did not admit guilt, but remained on probation for six months.March 2018: T.F. received a Snapchat message from C.S. inviting him to hang out at her house. T.F. arrived and stayed for a short period of time before leaving.Students allegedly overheard K.S. preparing C.S. to make a false report about T.F.C.S. reported T.F. came to her home uninvited and sexually assaulted her, but H.R. allegedly provided conflicting accounts of the events.Rumors spread throughout the school, citing minors giving accounts of the incident, including that T.F. allegedly hit C.S., H.R. and E.S. with a mobile phone charging cable, forced C.S. to touch his penis, and that T.F. was rumored to have raped C.S.April 2018: T.F. was charged with indecent assault forcible compulsion, criminal trespass and simple assault. He was removed from the school in leg and wrist shackles, and taken to a juvenile detention facility, where he stayed for nine days before being released with an ankle monitor. The probation office allowed him to play baseball, but district officials denied the request.Spring 2018: T.F. was homebound for 50 days.The Floods found another male student who had been invited to C.S.'s residence the same evening and discovered a Snapchat message that allegedly confirmed the false reports, and obtained several written statements further affirming the point.May 2018: C.S., E.S. and H.R. allegedly admitted to lying about the matter to the district attorney's office.August 2018: Charges against T.F. were dismissed.October 2018: The Floods file their original lawsuit claiming T.F. suffered physically and emotionally as a result of the allegations, including digital and in-person harassment.April 2019: The Floods were advised to amend their lawsuit.May 2019: The Floods refile an amended complaint.June 2019: Butler County, the District Attorney's Office and George, Pam and Meghan Villegas are dismissed with prejudice from the case.June 24: The Seneca Valley School District asks the court to dismiss the suit, arguing that it fails to state an actionable claim.
