United States District Court, D. New Jersey, Camden Vicinage
LAW FIRM, P.C. By: Robert R. Fuggi, Jr., Esq.; Jonathan M.
Penney, Esq.; Peter S. Pascarella, Esq. Counsel for
Plaintiffs M.R. and K.S.
OF THE ATTORNEY GENERAL OF NEW JERSEY By: Michael R. Sarno,
Counsel for Defendant Stockton University
GREENBAUM, ROWE, SMITH & DAVIS, LLP By: John D. North,
Esq.; Jemi Goulian Lucy, Esq.; Irene Hsieh, Esq. Counsel for
Defendant Stockton University
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: Kurt
W. Krauss, Esq.; Susan Karlovich, Esq. Counsel for Defendant
MASCIOCCHI, ESQ. P.C. By: Thomas G. Masciocchi, Esq. Counsel
for Defendant Zachary Madle
ZARWIN, BAUM, DEVITO, KAPLAN, SCHAER & TODDY, P.C. By:
Timothy P. Mullin, Esq. Counsel for Defendant Pi Kappa Phi
OPINION [18-11431: DKT. NOS. 43, 44] [18-11635: DKT.
NOS. 33, 34]
RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE.
M.R. and K.S. (“Plaintiffs”) bring these actions
against Defendants Stockton University
(“Stockton”), Zachary Madle
(“Madle”), and Pi Kappa Phi Fraternity, Inc.
(“PKP”) (collectively, “Defendants”),
alleging that, while they were students at Stockton, they
were each sexually assaulted twice by Madle. Specifically,
Plaintiff M.R. alleges that Madle sexually assaulted her
twice in February 2017 in her Stockton dorm room, and that
Madle filmed and posted one of the sexual assaults on
Snapchat. Separately, Plaintiff K.S. alleges that Madle
sexually assaulted her twice at the Stockton PKP fraternity
house in October and November 2017.
filed separately, the Plaintiffs' respective complaints
assert the same twenty-three (23) counts, alleging causes of
action under Title IX of the Education Amendments Act of
1972, 20 U.S.C. § 1681, et seq. (Counts 1-2),
Section 1983 of the Civil Rights Act, 42 U.S.C. § 1983
(Counts 3-4), the Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (“Clery
Act”), 20 U.S.C. § 1092 (Count 5),  personal injury
tort claims (Counts 6-13), as well as various derivative
claims (Counts 14-23). See Plaintiff M.R.'s
Complaint (the “M.R. Complaint”) [M.R. Dkt. No.
1]; Plaintiff K.S.'s Complaint (the “K.S.
Complaint”) [K.S. Dkt. No. 1].
matter now comes before the Court upon Motions to Dismiss,
filed by Stockton and PKP (collectively, the “Moving
Defendants”)[See M.R. Dkt. Nos. 43, 44; K.S.
Dkt. Nos. 33, 34]. Although the Court accepts all of
Plaintiffs' disturbing allegations as true for purposes
of these motions, the Court is constrained by legal precedent
mandating dismissal of the claims against the Moving
Defendants. For the reasons set forth herein, the Moving
Defendants' Motions to Dismiss will be
GRANTED, and Plaintiffs' claims against
the Moving Defendants will be DISMISSED WITHOUT
PREJUDICE. The Court, however, will allow Plaintiffs
thirty (30) days to file amended complaints, addressing the
deficiencies discussed in this Opinion.
their respective complaints, Plaintiffs describe the grave
details of the alleged sexual assaults. As averred, in 2017,
Plaintiffs were both first-year students at Stockton, living
in university housing, when they were sexually assaulted by
Defendant Madle. According to Plaintiffs, Madle had graduated
in 2015 from Stockton, where he was a member of PKP. At the
time of the incidents described in the complaints, Madle was
a bartender at the Flow House in Wildwood, New Jersey.
M.R. v. Stockton
evening of February 9, 2017, Plaintiff M.R. was introduced to
Defendant Madle while attending a “invitation
only” party, along with her friend K.M., at PKP's
off-campus fraternity house in Egg Harbor City, New Jersey.
See M.R. Compl. at ¶¶ 13, 17. As PKP did
not allow students to bring their own alcohol to the house,
Plaintiff M.R. drank “‘Jungle Juice,' a
mixture of mostly vodka mixed with Fruit Punch that was
provided by the fraternity house.” Id. at
¶¶ 14-15. M.R. left the PKP party on a shuttle bus,
accompanied by Defendant Madle and his friend, who both
stayed in M.R.'s Stockton dorm room overnight.
Id. at ¶ 19.
next morning, around 9:30 a.m., “Plaintiff woke up with
a sore vagina, and found  Madle and his friend still in her
dormitory room.” See M.R. Compl. at ¶ 20.
M.R. states that she was upset that Madle and his friend were
still in her room and asked both to leave. Id. at
¶ 21. Although Madle and his friend “insisted that
they all get breakfast together, ” they finally left
the dorm in an Uber after Plaintiff “made it clear she
wanted [Madle] and his friend to leave.” Id.
at ¶¶ 21-23. Plaintiff M.R “later learned
from K.M. that  Madle had non-consensual sex with M.R.
while she had been incapacitated.” Id. at
February 14, 2017, M.R. texted with Madle “throughout
the day getting to know each other.” See M.R.
Compl. at ¶ 26. Later that evening, around midnight,
Madle came over to M.R.'s dormitory, where she registered
Madle as a guest, so he would not get a ticket for parking on
campus. Id. at ¶¶ 28, 30. Once in
M.R.'s dorm room, Madle showed her that he had brought
two bottles of Stoli Vodka, as well as “eight ounce
cups and small cans of ice tea and lemonade.”
Id. at ¶¶ 29, 31. Using these items, Madle
“made and mixed all of the drinks.” Id.
While sitting on her bed, M.R. told Madle that “she
‘wanted to remember this time' because it was
Valentine's Day, ” to which Madle replied
“we'll see.” See M.R. Compl. at
¶ 32. Plaintiff states that she found this comment to be
“very odd.” Id.
drank about two to three cups of white wine and repeatedly
declined Madle's requests that she drink the mixed vodka
drink he had prepared for her. Id. at ¶ 33.
M.R. alleges that when she left her room to use the bathroom,
Madle followed her out into the hallway and waited outside
the bathroom stalls. Id. at ¶ 34. However,
Plaintiff states that Madle did not follow her out to the
hallway the next time she used the bathroom, “which
allowed  Madle the opportunity to spike/drug the
Plaintiff's drink.” Id. at ¶ 35.
returning from the bathroom, Madle turned away while M.R.
changed clothing for bed. However, after M.R. was finished
changing, Madle “grabbed her hands and pulled her
towards him and kissed her, ” then gave M.R. another
drink. Plaintiff states that her last memory is of
“kissing [Madle] on the edge of her bed before she
blacked out as she believed was drugged. [Madle] then took of
the Plaintiff's clothing while she was unconscious and
sexually assaulted/raped her.” Id. at ¶
40. While M.R. was unconscious, Madle also “took a
video of the sexual assault and rape on the phone app
‘Snapchat'” and “posted the videos of
the sexual assault on his Snapchat account.”
Id. at ¶ 41. These videos were “available
for 24 hours for the public to view.” Id. at
next morning, “Plaintiff woke up naked, confused,
choking and covered in vomit.” See M.R. Compl.
at ¶ 43. M.R. checked her phone and saw text message
from Madle, in which he fabricated a story “that
someone tried to break in to the Plaintiff's dormitory
and while chasing them away he became locked out of the
dormitory.” Id. at ¶ 44. Madle had taken
his backpack, but left the alcohol, iced tea cans, and cups.
Id. at ¶ 45. While using her phone, Plaintiff
came across Madle's “Snapchat stories, ”
which included two videos of M.R. “still wearing her
bra and panties, but in the last video [M.R.] was completely
naked.” Id. at ¶ 46.
viewing the videos in Madle's snapchat stories,
“M.R. realized she had been sexually
assaulted/raped” and began texting her friends for
help. See M.R. Compl. at ¶¶ 47, 53. One of
M.R.'s friends, B.C., left class, joined M.R. at her
dormitory, and reported the sexual assault to Beth Mancuso,
M.R.'s Residential Advisor. Id. at ¶ 48. In
turn, Mancuso reported the sexual assault to Darius Edwards,
an official in Stockton's housing department, who
responded to the report, along with an unnamed female Title
IX coordinator. Id. at ¶¶ 49-50. The
housing department also contacted the Stockton Police
Department, which launched an investigation into the sexual
drove M.R. to Atlanticare, where a rape kit was performed.
See M.R. Compl. at ¶¶ 52, 54. The tests
associated with the rape kit matched Madle's DNA and also
showed that M.R. had tested positive for Gonorrhea, a
sexually transmitted disease that Plaintiff allegedly
contracted from Madle. Id. at ¶¶ 56-57.
Plaintiff states ...