Doe v. Lincoln Consolidated Schools
2:23-cv-11236
E.D. Mich.May 21, 2025Background
- Jane Doe, a minor with cognitive and mental health disabilities, is suing Lincoln Consolidated Schools and several individuals, alleging they mishandled her sexual assault case and engaged in discrimination as well as retaliation.
- Key claims include failure to investigate the assault, prevention of harassment, retaliation against Doe, and violations of disability and gender discrimination laws.
- Plaintiff amended her complaint to add individual defendants.
- The court has been overseeing pretrial procedural matters, including discovery and the scope of an independent medical examination (IME) of the plaintiff.
- Disputes arose about whether Doe’s mother or counsel could attend the IME and whether it should be recorded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Presence of Plaintiff's Mother | Should be allowed due to Doe’s age and cognitive/emotional needs | Opposed presence for exam integrity reasons | Allowed; justified by special need/good reason |
| Video Recording of IME | Sought recording as extra precaution and fairness | Opposed as improper and contrary to standard | Not allowed; mother’s presence sufficient |
| Presence of Counsel at IME | Should be allowed for Doe’s protection and advocacy | Opposed as unnecessary and undermining exam | Counsel barred from attending |
| Production of Records and Coordination | Sought input/objections on timing, scope, and disclosure | Sought clarifications and fair process for IME | Ordered parties to cooperate or seek court help |
Key Cases Cited
- Sultan v. Roush Indus. Inc., No. 08-11002, 2008 WL 5188818, at *2 (E.D. Mich. Dec. 10, 2008) (standard for permitting a third-party observer during mental examination).
- Gohl v. Livonia Pub. Sch., No. 12-15199, 2015 U.S. Dist. LEXIS 40081, at *14-19 (E.D. Mich. Mar. 15, 2015) (articulates when presence of a third-party observer, particularly a parent, is warranted in a psychological evaluation of a minor).
- Ardt ex rel. Parker v. Allstate Ins. Co., No. 09-14247, 2011 U.S. Dist. LEXIS 19563, at *2 (E.D. Mich. Feb. 28, 2011) (risks and sanctions for improper interference during a mental examination).
(Note: WL/LEXIS citations provided for context as per court opinion; no bluebook reporter citations were provided or available for these key cases.)