447 F.Supp.3d 672
N.D. Ill.2020Background
- In Jan. 2017, Northwestern student Jordan Hankins died by suicide after alleged post‑initiation hazing by members of Alpha Kappa Alpha (AKA) chapters. Plaintiff is Jordan’s mother suing on behalf of the estate under Illinois wrongful‑death and survival statutes.
- Defendants named: AKA National (parent), Gamma Chi (undergraduate) and Delta Chi Omega (graduate/alumnae) chapters, Central Regional Director Kathy Walker‑Steele, and several individual members accused of hazing (paddling, sleep deprivation, financial exploitation, humiliation).
- The Amended Complaint alleges Jordan told members the hazing triggered her PTSD, severe depression/anxiety, that she was suicidal, and that she had a plan to kill herself.
- Plaintiff’s theories: negligence, negligent infliction of emotional distress, and intentional infliction of emotional distress against individuals; negligent supervision/entrustment and negligence (failure‑to‑protect) against chapters, AKA National, and Walker‑Steele.
- Court rulings at Rule 12(b)(6) stage: claims against individual members and Delta Chi Omega survive; claims against AKA National and Walker‑Steele dismissed without prejudice (plaintiff given leave to amend); Allstate’s motion to intervene denied; Gamma Chi not yet served.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Negligence / proximate cause against individual members (suicide) | Hankins alleges members owed a duty not to haze and that Jordan explicitly warned them hazing triggered PTSD, suicidal ideation and a plan, making suicide foreseeable and proximately caused by hazing. | Defendants invoke Turcios "suicide rule": decedent’s voluntary suicide is an independent, unforeseeable intervening act that breaks causation. | Court: at pleading stage plaintiff sufficiently alleged foreseeability and proximate cause (specific communications, facts about severe hazing); negligence claims against individuals survive. |
| Intentional Infliction of Emotional Distress (individuals) | Alleged conduct (paddling, sleep deprivation, humiliation, financial exploitation) was extreme/outrageous and intended to cause severe distress; caused Jordan’s breakdown and suicide. | Defendants contend conduct not extreme/outrageous and suicide unforeseeable. | Court: pleadings allege extreme/outrageous conduct and foreseeability facts; IIED claims survive the motion to dismiss. |
| Vicarious liability / agency of AKA National for local chapters | AKA National allegedly grants authority to chapters, sets membership rules, approves initiations, disciplines chapters, and thus controls chapters and should be vicariously liable. | Defendants rely on Bogenberger: high pleading standard for agency; mere regulatory/supervisory powers insufficient; hazing was expressly prohibited so would be outside scope of any agency. | Court: plaintiff failed to plead the control element/distinguishing facts beyond Bogenberger and hazing falls outside scope (expressly prohibited); vicarious‑liability claims against AKA National dismissed. |
| Direct liability / failure‑to‑protect & special‑relationship (AKA National and Walker‑Steele) | Plaintiff says National and regional director had authority/oversight and failed to warn, supervise, train, or prevent hazing and thus directly breached duty. | Defendants: direct liability for failure to protect requires a legally recognized "special relationship" (only certain categories) under Illinois law; no special relationship exists here. | Court: Bogenberger forecloses failure‑to‑protect absent a special relationship; plaintiff did not plead a recognized special relationship; claims against AKA National and Walker‑Steele dismissed without prejudice. |
| Liability of local graduate chapter (Delta Chi Omega) | Delta Chi Omega supervised Gamma Chi and its members (advisors were allegedly involved); local chapters can be held liable as unincorporated associations. | Delta Chi Omega argued it lacks separate legal existence or is a mere corporate division of National. | Court: allegations plausibly show Delta Chi Omega is an unincorporated association capable of suit and that advisors/members participated; claims against Delta Chi Omega survive. |
| Allstate’s motion to intervene (insurer for defendant) | Allstate seeks intervention to protect coverage interests and prevent misaligned settlement incentives; wants access to discovery and to control/monitor defense. | Plaintiffs/others note Allstate failed to file required pleading with the motion and did not show inadequate representation or concrete impairment. | Court: denied intervention—Allstate didn’t file a pleading under Rule 24(c) and failed to show inadequate representation or concrete need; may refile if new facts emerge. |
Key Cases Cited
- Bogenberger v. Pi Kappa Alpha Corp., Inc., 104 N.E.3d 1110 (Ill. 2018) (sets high pleading standards for national organization liability and special‑relationship framework in hazing cases)
- Turcios v. DeBruler Co., 32 N.E.3d 1117 (Ill. 2015) (general rule that suicide is an independent intervening act but foreseeability exception exists if suicide was foreseeable)
- Stanphill v. Ortberg, 129 N.E.3d 1167 (Ill. 2018) (confirms suicide may be foreseeable and liability may attach if pleaded adequately)
- Feltmeier v. Feltmeier, 798 N.E.2d 75 (Ill. 2003) (elements and extreme/outrageous standard for IIED)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standard: must state a plausible claim)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (factual allegations, not conclusions, entitled to assumption of truth)
- Planned Parenthood of Wisconsin, Inc. v. Kaul, 942 F.3d 793 (7th Cir. 2019) (intervention as of right framework elements)
- Doe v. Doe, 67 N.E.3d 520 (Ill. App. Ct. 2016) (decision rejecting proximate‑cause allegations where defendants allegedly encouraged suicide via internet chats)