Doe v. Harbor Schools, Inc.

826 N.E.2d 228, 63 Mass. App. Ct. 337, 2005 Mass. App. LEXIS 397
CourtMassachusetts Appeals Court
DecidedApril 28, 2005
DocketNo. 02-P-975
StatusPublished
Cited by5 cases

This text of 826 N.E.2d 228 (Doe v. Harbor Schools, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Harbor Schools, Inc., 826 N.E.2d 228, 63 Mass. App. Ct. 337, 2005 Mass. App. LEXIS 397 (Mass. Ct. App. 2005).

Opinion

McHugh, J.

Jane Doe appeals from a summary judgment in favor of the defendants, Harbor Schools, Inc. (Harbor Schools), and Glen Freeman, dismissing her claims for assault and battery, negligence, intentional infliction of emotional distress, and negligent supervision. All of the claims arose out of what the plaintiff claims were the adverse psychological consequences of sexual activity in which the plaintiff and Freeman engaged while the plaintiff resided in a facility where Freeman was her counsellor. A judge of the Superior Court ordered entry of the judgment after he concluded that the statute of limitations barred the plaintiff’s claims. We affirm in part and reverse in part.2

1. Facts and procedural background.3 The plaintiff first met Freeman in April, 1992, when she began living at Harbor Schools’ residential home for young women in West Newbury (home). At the time, the plaintiff, who was bom on November 11, 1974, was seventeen and one-half years old. The Harbor Schools program was designed to provide young women with independent living skills to help them in their transition to adulthood. At all relevant times, Harbor Schools employed Freeman as the home’s supervisor.

Before the plaintiff entered the home, she had run away from an abusive home. She also had experienced a series of foster-care placements, periods of homelessness, and incidents of sexual abuse. Most recently, she had been living in a residential program in Marlborough. On her seventeenth birthday, she became too old for the Marlborough program and was transferred to the home, where four other women in their late teens were already residing.

Upon the plaintiff’s arrival, Freeman introduced himself as [339]*339her “one-on-one” counsellor. Initially, Freeman told the plaintiff that he was required to see her once each week for counselling. From the beginning, however, Freeman initiated more frequent contact and actually met with the plaintiff two to three times weekly throughout the spring and summer of 1992. Freeman encouraged the plaintiff to reveal personal information about herself, including information about past sexual relationships, telling her that the revelations were necessary to help her “work on her issues.” As a result, and because Freeman promised to keep what she said confidential, the plaintiff reluctantly shared with him feelings and information that she had never before disclosed to anyone.

As their encounters proceeded during the summer of 1992, Freeman told the plaintiff that other employees and residents of the home did not like her but that he loved her. He tutored her, picked her up from school, taught her how to drive, and frequently took her to dinner. Freeman also told the plaintiff about his own life history and complained to her that “he did not love his wife and never got any sex.”

In the fall of 1992, Freeman began massaging the plaintiff’s back and hugging her when she was upset. As a consequence, the plaintiff sensed that the “counsellor relationship” had changed to a friendship, although Freemen had not said anything to suggest that he was no longer her counsellor. Early in 1993, after the plaintiff told Freeman that she was becoming increasingly depressed and nervous, he encouraged her to follow the advice of a psychiatrist she was seeing at the time and begin a course of antidepressant medication. Freeman bought the plaintiff Christmas gifts, roses on Valentine’s Day, and in May of 1993, paid $2,000 toward the approximately $3,000 purchase price of a car she had decided to buy.

In the early spring of 1993, Freeman kissed the plaintiff for the first time. She was “puzzled [and] confused” and “uncomfortable” with that contact “[b]ecause he was [her] counsellor and he was married.” Soon thereafter, upon Freeman’s initiative, the plaintiff twice engaged in fellatio with him — once in her bedroom and once in his house. After the second incident, she told Freeman she wanted to “just be friends.” Freeman agreed. According to the plaintiff, she was not attracted to [340]*340Freeman. She was afraid to tell anyone about the sexual contact because she had been “kicked out” of a foster home after complaining that she had been raped and thought that Freeman would probably try to cast blame on her if she complained about his conduct. She consented to the sexual acts “because [Freeman] had been very nice” to her and she wanted to please him.

In June, 1993, the plaintiff, then eighteen and one-half, left the home and moved to an “independent living” setting in the home of a Harbor Schools employee. Her move marked the end of formal “one-on-one” visitations she had been having with Freeman, although he continued to visit her once or twice each week. Shortly after she moved, however, a Harbor Schools employee told the plaintiff that she could no longer see Freeman because she was now living in a new setting. The employee also told the plaintiff that Freeman had been told to end his relationship with her but had elected to continue it. Upon receiving this news, the plaintiff “fell apart” because she was no longer to see “[t]he only person [she] loved and [who] loved [her].” Shortly thereafter, the plaintiff, feeling that she “had nobody” and “couldn’t bear living without” Freemen, attempted to commit suicide by swallowing a bottle of Klonopin pills.

Following her suicide attempt, the plaintiff was hospitalized. While she was there, Freeman telephoned her almost every day, telling her, among other things, that he had been fired for coming to see her but that he still loved her and that “nobody would stop [them] from seeing each other.” He also asked her to refrain from telling anyone about their relationship.

After the plaintiffs release from the hospital in late June or early July, 1993, she began to view her relationship with Freeman as “negative” and told him she wanted to break it off. He agreed to end the relationship. Despite his agreement, Freeman contacted the plaintiff in November saying he wanted to see her. By then, the plaintiff’s boyfriend, whom we shall call Joseph, had told her that she should not be seeing Freeman because their relationship was “unhealthy.” She agreed, knowing at the time that she had “ended up in the hospital” because of the relationship. She nevertheless agreed to meet with Freeman and, at the ensuing November meeting, told him that she [341]*341did not want to see him, that she “didn’t like him anymore,” and that he was causing her “emotional problems.”

Freeman and the plaintiff saw each other one last time in the early summer of 1994. During that encounter, they argued over their relationship and over Joseph because Freeman felt that the plaintiff “shouldn’t settle or go out with” Joseph. This last meeting was followed by a “nasty” letter from Freeman that left the plaintiff feeling angry, prompted her to seek a restraining order, and led her to tell Joseph about Freeman’s sexualization of their relationship. On August 5, 1994, Freeman sent another letter, this one to Joseph, in which he stated that the plaintiff had AIDS, that he had reported her for scholarship fraud, and that he had reported Joseph and his father to the Internal Revenue Service for tax fraud.

On September 14, 1994, the plaintiff began seeing a licensed clinical social worker for depression, panic disorder, and post-traumatic stress disorder.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cohen v. State Street Bank & Trust Co.
893 N.E.2d 425 (Massachusetts Appeals Court, 2008)
Laconte v. Devlin
21 Mass. L. Rptr. 622 (Massachusetts Superior Court, 2006)
Doe v. Harbor Schools, Inc.
446 Mass. 245 (Massachusetts Supreme Judicial Court, 2006)
Martin v. Boston Minuteman Council, Inc.
20 Mass. L. Rptr. 569 (Massachusetts Superior Court, 2006)
Owens v. Mukendi
835 N.E.2d 1139 (Massachusetts Appeals Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
826 N.E.2d 228, 63 Mass. App. Ct. 337, 2005 Mass. App. LEXIS 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-harbor-schools-inc-massappct-2005.