United States District Court, D. Massachusetts
MEMORANDUM AND ORDER GRANTING MOTION FOR SUMMARY
ALLISON D. BURROUGHS U.S. DISTRICT JUDGE.
Galileo Mondol and his parents, Alison Hines and Mark Mondol,
allege that Defendants, all associated with Somerville High
School, conspired to violate the constitutional rights of
Galileo Mondol, a high school soccer player who faced
charges, later dropped, in connection with a sexual assault
at a sports camp in 2013. Plaintiffs also bring various state
law claims. Defendants seek summary judgment on all claims,
and also seek reimbursement for costs and attorneys'
fees. For the following reasons, Defendants' motion for
summary judgment is GRANTED and the motion for fees
is DENIED without prejudice.
summary judgment, the Court must view the facts in the light
most favorable to the nonmoving party, drawing all reasonable
inferences in that party's favor but disregarding any
“conclusory allegations, improbable inferences, and
unsupported speculation.” McGrath v. Tavares,
757 F.3d 20, 25 (1st Cir. 2014). Accordingly, the summary of
material facts that follows is drawn from Plaintiffs'
statement of facts and those portions of Plaintiffs'
response to Defendants' facts (“Pl. Facts”)
[ECF No. 106] that indicate the lack of a genuine
dispute.Additional facts are reserved for later
August 2013, when the events at issue took place, Plaintiff
Galileo Mondol was 17 years old and lived with his family,
including his parents, Plaintiffs Alison Hines and Mark
Mondol, in Somerville, Massachusetts. Pl. Facts ¶ 76. At
the time, Galileo, an avid soccer player, had just
transferred to Somerville High School as a junior and hoped
to play on the Somerville High School soccer team.
George Scarpelli was the head coach of the Somerville High
School boys' varsity soccer team. Id. ¶ 81.
Defendant Anthony Pierantozzi was the superintendent of
Somerville Public Schools. Id. ¶ 80. Somerville
Mayor Joseph Curtatone is also named as a defendant, in his
role as an assistant coach for the Somerville High School
boys' football team, as is the City of Somerville, a
municipal corporation in the Commonwealth of Massachusetts.
Id. ¶¶ 78-79.
High School regularly conducted annual team-building camps
for student-athletes in late August. Id. ¶ 82.
From 2011 to 2013, Scarpelli and Curtatone were the principal
organizers of the camps, which took place at Camp Lenox in
Otis, Massachusetts. Id. ¶¶ 1, 82- 83. As
superintendent, Pierantozzi was responsible for reviewing and
approving plans for the camps. Id. ¶ 85. In
2013, all students trying out for the Somerville High School
boys' varsity soccer team were required to attend the
team-building camp from August 23 to 26. Id. ¶
90. Galileo was one of 61 soccer players present.
Id. ¶ 91.
to members of the boys' soccer team who attended the
camp, numerous incidents of hazing and sexually transgressive
behavior occurred among team members during the 2013 camp,
including students being sexually assaulted in the showers,
bathrooms, or while they were sleeping, and students having
Icy-Hot cream put on their genitals while they were being
pinned down by other players. Id. ¶¶
102-06. Much of this same conduct had allegedly also occurred
at camps in 2011 and 2012. See id. ¶¶
87-88, 101. Galileo, a transfer student and new to the camp
environment, found this sexual behavior “weird”
and “scary, ” and was worried that someone might
attack him. Id. ¶ 107.
morning of August 25, Scarpelli left the camp with the
previous season's varsity squad to participate in a
scrimmage game against a local soccer team. Id.
¶ 108. Galileo and another junior, Gual,  were the only
players left in the junior-senior cabin. Id. ¶
109. Shortly after breakfast, a sophomore named Roberto
joined Galileo and Gual in the junior-senior cabin.
Id. ¶ 112. Galileo had not met either boy
before joining the soccer team. Id.
proposed that the three boys go to the freshman cabin, but no
one said anything about bothering or harming any freshmen.
Id. ¶ 113. Roberto and Gual walked over, and
Galileo joined them a few minutes later. Id. ¶
114. When Galileo arrived, the other players were making
small talk with each other. Id. ¶ 115. Galileo
laid down on an empty bunk bed. Id. Thereafter, Gual
picked up a broom that was leaning against a wall and began
to point it at different freshmen, saying, “Who wants
it? Who's going to get it?” Id. ¶
116. He first pointed the broom at freshman A.D., who was on
one of the bunk beds, and said, “How about you?”
Id. ¶ 117. Gual began poking A.D. with the
broom, but A.D. batted it away with his hands. Id.
then turned his attention to freshman M.L., who was on a top
bunk, and said, “What are you laughing at, Ugly?”
Id. ¶ 118. Gual handed the broom to Roberto and
began trying to persuade M.L. to come down from the top bunk.
Id. ¶ 119. Gual told M.L., “It's this
or the Icy-Hot. Trust me. The Icy-Hot happened to me twice.
It's not fun. You'd prefer this to the
Icy-Hot.” Id. M.L. continued to resist, but
after about two minutes, he got down from the bunk bed,
pulled down his shorts, and leaned over. Id.
¶¶ 119-20. When Roberto, who was still holding the
broom, tapped M.L. on the butt with the tip of the
broomstick, M.L. jumped forward and some of the players in
the room laughed. Id. ¶ 120. M.L. then pulled
up his shorts. Id.
immediately began pressuring M.L. to “do it again,
” saying, “Come on, bro . . . That didn't
count . . . Stop being a pussy.” Id. ¶
121. After about a minute, M.L. pulled his shorts back down.
Id. As Roberto moved to tap M.L. again with the
broomstick, Gual said to everyone, “Look at this,
” which appeared to make M.L. even more uncomfortable.
Id. ¶ 122. Upon observing this, Galileo said,
“Why are you doing this? Stop being idiots. There's
no need. Don't do this.” Id. When Roberto
tapped M.L. on the butt a second time, M.L. again jumped
forward and then climbed back up onto the bunk bed while the
other players laughed. Id. Gual told M.L. to come
back down from the bunk and that Roberto's taps with the
broomstick “didn't count.” Id.
¶ 123. M.L. relented, although it was clear that he was
uncomfortable. Id. Gual took the broomstick from
Roberto. Id. At this point, Galileo got off the bed,
approached Gual, and whispered in his ear, “Stop, bro.
You're going to get into trouble. This is a bad idea and
M.L. doesn't want this. Don't do this. You're
being an idiot.” Id. ¶ 124. Gual smiled
and said out loud, “Galileo says he'll lick the
broom if you let me do it again.” Id. Galileo
also smiled and shook his head, indicating he would not do
coming down from the top bunk, M.L. pulled down his shorts
and leaned forward. Then Gual quickly poked M.L. near the
anus, causing a bruise and an external laceration.
Id. ¶ 125. M.L. screamed and ran to the
bathroom where he discovered that he was bleeding.
Id. Everyone, including Gual, was shocked when they
saw that M.L. was injured, and they offered to help him.
Id. ¶ 126. After making sure that M.L. was not
in immediate danger, Galileo left the cabin. Id.
The Rest of the Camp
about 15 minutes, Galileo returned to the freshman cabin to
check on M.L. Id. ¶ 127. Galileo said,
“I'm really sorry. Gual shouldn't have done
that. That's really stupid.” Id. M.L.
asked Galileo to check his injury to see how bad it was.
Id. Galileo said it looked O.K., but that he should
tell someone if he was hurt. Id. He also offered to
get M.L. some ice or ointment from the medical kit.
Id. Approximately 20 minutes later, M.L.
participated in a 90-minute soccer practice without incident.
Id. ¶ 128.
before lunch, when the varsity players returned from the
scrimmage, Galileo told two of the team's co-captains
about the incident, although both of them already knew about
it. Id. ¶ 129. One of the co-captains went to
check on M.L. while the team was at lunch and reported back
that M.L. was fine and that there was no need to tell the
night, all of the soccer players and coaches gathered at a
bonfire. Id. ¶ 130. Still, no one had told the
coaches anything about the incident. See id. ¶
129. At the bonfire, Scarpelli asked each freshman to say
what the camp had meant to him. Id. ¶ 130. When
M.L.'s turn came, he said, “Pain, a lot of
pain.” Id. Gual interjected, asking whether it
was “good pain or bad pain.” Id. M.L.
said, “Bad.” Id. Gual replied, “It
must have been good because you asked for it three
times.” Id. Some students laughed, and an
awkward pause followed. Id. Scarpelli moved on to
the next player. Id.
the rest of the camp, M.L. did not report the incident
because he was embarrassed and afraid he would get into
trouble. Id. ¶ 131. Gual, however, bragged
about the “prank” to other players. Id.
¶ 132. Galileo checked on M.L. multiple times to see if
he was okay Id.
First Reports to Scarpelli and Other Coaches
attack was first reported to the coaches on August 27, one
day after the players returned from the camp. Id.
¶ 133. Between 10:15 a.m. and 1:30 p.m., the mother of
freshman eyewitness J.S. told volunteer coach Tony Osoy-Arias
that she had heard about the incident from J.S.'s younger
brother. Id. ¶ 134.
approximately 1:45 p.m., Osoy-Arias reported this information
to Scarpelli, who was with the team in the locker room.
Id. ¶ 134-35. Scarpelli told the players that
they had “made a really big mistake” and that
there was going to be a lot of attention on Somerville High
School. Id. ¶ 136. Scarpelli then kicked
everyone out of the locker room except for the freshmen.
Id. ¶ 137. Along with the other coaches,
Scarpelli questioned the players about the incident for
approximately 10 to 15 minutes. Id. At least two
freshmen reported what Gual had done, and
“someone” mentioned that Galileo and Roberto had
been in the freshman cabin as well. Id. ¶¶
to a statement later made to the police by Osoy-Arias,
“[t]he coaches got the impression that Galileo and
Roberto ‘were not helping but watching and not doing
anything to stop it.'” Id. ¶ 139.
Neither M.L. nor A.D. were present at this locker room
meeting. Id. ¶ 137. After sending most of the
players home, Scarpelli and two coaches met with the
team's three co-captains about the incident. Id.
¶ 144. When he learned that all three co-captains had
known about the assault but failed to report it, Scarpelli
placed his hands on either side of his face and said,
“We're so fucked.” Id. Scarpelli
never tried to question Galileo or Roberto about the
incident, although both were at practice that day.
Id. ¶ 143.
2:30 and 8:30 p.m. on August 27, Defendants participated in a
series of emergency meetings regarding their response to the
incident. Id. ¶ 157. Although these meetings
involved numerous other school district and city officials,
as well as members of law enforcement, id. ¶
158, the following summary focuses on the conduct of the
first learned of the incident sometime in the afternoon of
August 27. Id. ¶ 159. As he understood it at
the time, the attack involved a freshman victim, M.L., and a
single assailant, Gual. Id. Pierantozzi discussed
the incident with the Somerville Police chief and other
members of the department, who used the terms
“aggravated sexual assault” or “aggravated
rape” to describe what had happened. Id.
same afternoon Curtatone learned of the incident from both
Pierantozzi and Scarpelli. Id. ¶¶ 162,
165. After meeting with Scarpelli about the attack,
“Curtatone understood that the freshman victim of the
assault may have been anally raped with a broomstick by some
upperclassmen.” Id. ¶ 165.
and Scarpelli also participated in a subsequent meeting
around 3:30 p.m. that involved several other coaches and
school officials. Id. ¶ 167. The reports at
that meeting were “jumbled” and inconsistent, but
the coaches conveyed that Gual was the primary aggressor.
Id. ¶ 169. Although Galileo was mentioned as
having been present in the cabin, none of the coaches
provided any specific information to suggest that Galileo had
been directly involved in the assault. Id. ¶
172. During this meeting, Pierantozzi again spoke by
telephone with police officials, who said that charges of
“joint venture” and “aggravated rape of a
child” could be filed against Galileo, Roberto, and
Gual. Id. ¶ 175. Pierantozzi decided that if
the police found widespread participation, the soccer season
would have to be cancelled, but that if the misconduct was
limited to the three named upperclassmen, the season could go
forward. Id. ¶ 177. The Defendants agreed to
meet the following morning at Foss Park to discuss the
assault with the players, including the freshmen
eyewitnesses. Id. ¶ 178.
Pierantozzi and the Somerville High School headmaster
determined that all three of the upperclassmen who had been
present during the assault-Gual, Roberto, and Galileo-should
be suspended from school and the soccer team. Id.
¶ 176. By 6:40 p.m., Galileo's father had been
informed of the suspension by phone and was told it was the
result of Galileo being “named in a criminal
Police Investigation Opened
approximately 5:30 p.m. the same day, August 27, Somerville
Police Det. Kathryn Costa-McDade arrived at the high school
to take a report from coaches and school officials as part of
a criminal investigation. Id. ¶ 182. School
officials, including Pierantozzi, told the detective that
“three upperclassmen had entered the freshmen cabin at
the camp and had anally raped a freshman with a
broomstick.” Id. ¶ 183. They provided
Det. Costa-McDade with the names and contact information of
M.L., Gual, Roberto, Galileo, and the mother who initially
reported the assault, but they did not provide “any
information about how Galileo had allegedly been involved in
the assault.” Id. ¶¶ 184-85. Det.
Costa-McDade told the school officials not to ask any more
questions of the witnesses because the incident was now under
criminal investigation. Id. ¶ 187. She
understood that the coaches would continue to hold soccer
practices and would “make reference” to the
incident, but that they would not gather information.
Id. ¶ 188.
approximately 6:42 p.m., concerned that M.L. might need
medical attention, Det. Costa-McDade and Osoy-Arias arrived
at M.L.'s home, but no one was there. Id. ¶
190. Shortly thereafter, Det. Costa-McDade interviewed the
mother who had initially reported the assault. Id.
¶ 191. The mother could not remember whether or not her
son had initially told her that Galileo and Roberto were in
the freshman cabin at the time of the assault. Id.
Later that evening, at approximately 8:48 p.m., Det.
Costa-McDade, Osoy-Arias, and a Spanish translator from the
police department returned to M.L.'s home and told his
parents about what happened. Id. ¶¶
192-93. M.L. listened as his coach and the police told his
parents that “some other students” had anally
raped him with a broomstick. Id. ¶ 193. At
approximately 10 p.m., Det. Costa-McDade spoke with a State
Police trooper who was assigned to the ...