IN THE CIRCUIT COURT FOR PRINCE GEORGES COUNTY MARYLAND

____________________________________
:
Harry Draughn, Jr.
:
4626 Hayes St. NE
:
Washington, DC 20019
:
:
Plaintiff,
:
:
v.
:
:
Kappa Alpha Psi Fraternity, Inc.
:
2322-24 North Broad Street
:
Case No: CAL15-04964
Philadelphia, Pennsylvania 19132-4590
:
:
And
:
Jury Demand
:
The Hyattsville/Landover (MD)
:
Alumni Chapter of Kappa Alpha Psi
:
Fraternity, Inc.
:
301 Largo Road (Rt. 202)
:
Largo, Maryland 20774
:
:
And
:
:
Jesse Stewart, Jr.
:
2nd Vice Polemarch &
:
Membership Intake Chairman/Dean,
:
for the Hyattsville/Landover (MD)
:
Alumni Chapter of
:
Kappa Alpha Psi Fraternity, Inc.
:
16107 McConnell Drive,
:
Upper Marlboro, Maryland 20772
:
:
Defendants
:
____________________________________:
COMPLAINT
COMES NOW the Plaintiff, Harry Draughn, Jr., by and through undersigned
counsel, and respectfully presents this Complaint against Defendant Kappa Alpha Psi
Fraternity, Inc. (KAPsi); Defendant The Hyattsville/Landover (MD) Chapter of Kappa
Alpha Psi Fraternity, Inc. (HL KAPsi); and Defendant Jesse Stewart, Jr., 2nd Vice

Polemarch (Vice President) & Membership Intake Chairman/Dean for the

Hyattsville/Landover MD Alumni Chapter of Kappa Alpha Psi Fraternity, Inc. during the
Spring 2015 Membership Intake Process, to enforce Plaintiffs rights for Assault,
Battery/Hazing, False Imprisonment, Negligence, Gross Negligence (failure to train,
failure to supervise) and Fraud.
JURISDICTION AND VENUE
1.

Jurisdiction is proper as the acts complained of occurred in Prince Georges

County, Maryland and Defendant KAPsi is a foreign corporation with its principal
place of business in Philadelphia, Pennsylvania and has chapters throughout the
state of Maryland.

2.

Defendant HL KAPsi does business in Maryland with its principal place of

business in Prince Georges County, Maryland.

3.

Plaintiff brings before this Circuit Court a civil action with an amount in
controversy of $2,006,000.00 pursuant to MD. COURTS AND JUDICIAL
PROCEEDINGS CODE ANN. 1-501. Jurisdiction is proper, as this Circuit Court
has jurisdiction of both the subject matter and venue. See, McBurney v. State,
280 Md. 21, 31, 371 A.2d 129, 135 (1977).

4.

Venue is properly laid as the acts herein complained of occurred in Prince

Georges County, Maryland.
STATEMENT OF FACTS

5.

Plaintiff, Harry Draughn, Jr., has an undergraduate degree from North Carolina
A&T University and works as a professional in the Washington, D.C. area.

6.

Defendant KAPsi is a foreign corporation with its principal place of business in

Philadelphia, Pennsylvania and has chapters throughout the state of Maryland.

7.

In 1949, Defendant KAPsi published a declaration opposing hazing in any form.

In 1988, KAPsi reiterated its opposition to hazing in the form of "Executive Order
Number One." Two years later, KAPsi eliminated the pledging process as a
condition for membership. In its "Executive Order Number Two," KAPsi
prohibited "underground pledging" in addition to its ban on hazing.

8.

On February 14, 1994, a KAPsi pledge in Missouri died as a result of hazing.

Thereafter, Defendant KAPsi issued "Executive Order Number Three" imposing
sanctions for participation in hazing or underground pledging. As a result of that
death, KAPsi instituted a national moratorium on receiving new members.
During the moratorium, KAPsi contemplated new policies and procedures that
were to be in place when it eventually lifted the moratorium. In January 1996,
KAPsi lifted the moratorium after a two-year cessation of enrollment.

9.

Two courts specifically found that KAPsis national headquarters knew that
hazing was taking place at particular chapters and, therefore, had a duty to protect
the KAPsi pledges in those chapters from related injuries. See Edwards v. Kappa
Alpha Psi Fraternity, No. 98-C-1755, 1999 WL 1069100, at *7 (N.D. Ill. Nov. 18,
1999); Morrison v. Kappa Alpha Psi Fraternity, 738 So. 2d 1105, 1118-19 (La.
Ct. App. 1999). In Edwards, the United States District Court for the Northern
District of Illinois denied KAPsis motion for summary judgment on its claim that
it had no duty to guard against the hazing of its pledges where a pledge sued the
fraternity for injuries that he sustained during an underground pledge process.

See Edwards, 1999 WL 1069100, at *2, *7. In doing so, that court pointed to
evidence that KAPsi had failed to enforce its anti-hazing policies, even after it had
been notified by the pledge that hazing was taking place. See id. at *5.
10.

Additionally, the Court of Appeal of Louisiana upheld a jurys determination that

KAPsi was responsible for hazing injuries caused to a pledge where Kappa
National was aware of prior hazing activity at [a particular KAPsi chapter] and
knew that their measures designed to protect against and prevent hazing did no
such thing. See Morrison, 738 So. 2d at 1118. Both of these courts also noted
that KAPsi controlled the process by which new members joined its chapters and,
as such, may have possessed some control over its local members . . . . See
Edwards, 1999 WL 1069100, at *6; see also Morrison, 738 So. 2d at 1118
(discussing testimony that KAPsi is, in a sense, responsible for all that goes on in
its chapters, as it has the right to control intake, expel or suspend members, and
revoke charters).

11.

On September 13, 2000, Defendant KAPsi, as a Member of the Council of

Presidents National Pan-Hellenic Council, Inc. (NPHC)1, issued a Joint Position
Statement against Hazing. The statement stated that hazing, pledging, pledge
lines, pre-pledge lines or post-intake hazing are strictly prohibited by these
NPHC organizations; and these NPHC organizations are committed to eradicating
the scourge of hazing.

12.

However, hazing did not end in KAPsi. In fact, during the next fourteen (14)

The Council of Presidents is comprised of the titular heads of the nine (9) traditionally Black Greek-

years after Defendant KAPsi signed a Joint Position Statement against Hazing,
hazing became so much of a problem for Defendant KAPsi that on Friday,
September 12, 2014, the Grand Polemarch of KAPsi, William Randy
Bates, Jr., Esq., announced that the Grand Board of Directors of KAPsi
unanimously adopted a resolution imposing an immediate moratorium on
membership intake for both alumni and undergraduate chapters. The
announcement also stated that the moratorium would be in place for an indefinite
period of time.
13.

The Grand Board of Directors of KAPsi also authorized the fraternity's CEO and
Grand Polemarch, William "Randy" Bates, Jr. Esq., to establish a task force to
study the membership intake process for both alumni and undergraduate chapters
by which fraternity members are selected and initiated, and to make
recommendations of possible revisions or modifications for post-moratorium
implementation.

14.

The Grand Board of Directors of KAPsi also mandated that the membership of
the task force be broad-based, comprised of both undergraduate and alumni
members, and well-qualified individuals from a broad array of professional fields,
including education, business, law and the social and behavioral sciences.

15.

However, on Thursday, January 15, 2015, only four (4) months after Grand
Polemarch William Randy Bates, Jr., Esq. announced that the Grand Board of
Directors of KAPsi unanimously adopted a resolution imposing an immediate
moratorium on membership intake for both alumni and undergraduate chapters,
he announced that:

Effective immediately, the membership intake moratorium for alumni chapters has been
lifted. There is no change in the membership intake process for alumni chapters. The
Membership Intake Task Force is continuing its work in hopes of recommending
modifications to the membership intake process applicable to both undergraduates and
alumni.

The Grand Polemarch of KAPsi, William Randy Bates, Jr., Esq., even admitted
in his announcement that, There is no change in the membership intake process
for alumni chapters.
16.

In that same month, January of 2015, Plaintiff became interested in becoming a

member of Defendant KAPsi and filled out the paperwork, went through the
application process, was selected in to the Spring 2015 Membership Intake
Process through the HL KAPsi, and paid over $3,000 to become a member of
KAPsi. At all times during the selection process for the Spring 2015 Membership
Intake Process, Plaintiff was promised by members of the HL KAPsi that there
would be no hazing, beating, paddling, etc. during the Spring 2015 Membership
Intake Process. Plaintiff relied on the promise that there would be no hazing,
beating, paddling, etc. during the Spring 2015 Membership Intake Process or he
would not have gone through the Spring 2015 Membership Intake Process.

17.

Defendant KAPsi was responsible for supervising and training the Membership
Intake Chairman for the HL KAPsi. Defendant KAPsi had a special relationship
with Plaintiff and other members of the Spring 2015 Membership Intake Process
and was required to protect Plaintiff and other members of the Spring 2015
Membership Intake Process from being harmed, hazed, assaulted, paddled, and
beaten.

18.

Defendant KAPsi breached its duty to Plaintiff when it failed to train and

supervise its agent Membership Intake Chairman, Defendant Jesse Stewart, not to
haze, assault, paddle, and beat Plaintiff with a cane. Defendant KAPsi breached
its duty to Plaintiff when it failed to protect Plaintiff from its agent, Defendant
Jesse Stewart, who hazed, assaulted, paddled, and beat Plaintiff with a cane,
causing Plaintiff to be physically injured and causing emotional distress.
Defendant Stewarts actions are the proximate cause of Plaintiffs injuries and
there were no other intervening or superseding actions that caused Plaintiffs
injuries.
19.

According to the rules and regulations of Defendant KAPsi, Defendant the HL

KAPsi (along with Defendant KAPsi) was in charge of and responsible for the
Spring 2015 Membership Intake Process. Defendant the HL KAPsi had a special
relationship with the Plaintiff and other members of the Spring 2015 Membership
Intake Process and a duty to protect them from hazing which was a foreseeable
harm based on the fact that only four (4) months earlier, in September of 2014,
Defendant KAPsi admitted that hazing had become so much of a problem that its
Grand Polemarch, William Randy Bates, Jr., Esq., announced that the Grand
Board of Directors of KAPsi unanimously adopted a resolution imposing an
immediate moratorium on membership intake for both alumni and undergraduate
chapters. However, the moratorium on membership intake for alumni was lifted
without any changes to the previous policy and without any new training for the
members of KAPsi.

20.

Defendant the HL KAPsi was responsible for supervising and training the
Membership Intake Chairman for the HL KAPsi. Defendant the HL KAPsi was

in charge of selecting the Membership Intake Chairman, Defendant Jesse Stewart,

Jr. Defendant the HL KAPsi breached its duty to Plaintiff when it failed to train
and supervise its selection for Membership Intake Chairman, Defendant Jesse
Stewart, who hazed, assaulted, paddled, and beat Plaintiff with a cane. Defendant
the HL KAPsi breached its duty to Plaintiff when it failed to protect Plaintiff from
its agent, Defendant Jesse Stewart, who hazed, assaulted, paddled, and beat
Plaintiff with a cane, causing Plaintiff to be physically injured and causing
emotional distress. Defendant Stewarts actions are the proximate cause of
Plaintiffs injuries and there were no other intervening or superseding actions that
caused Plaintiffs injuries.
21.

Defendant Jesse Stewart, Jr. is employed as a Prince Georges County Police

Officer and was 2nd Vice Polemarch (Vice President) & Membership Intake
Chairman/Dean for the HL KAPsi during the Spring 2015 Membership Intake
Process. Defendant Jesse Stewart, Jr., in his official role as Membership Intake
Chairman/Dean for the HL KAPsi during the Spring 2015 Membership Intake
Process, had a special relationship with Plaintiff and other members of the Spring
2015 Membership Intake Process to protect Plaintiff and other members of the
Spring 2015 Membership Intake Process from being harmed, hazed, assaulted,
paddled, and beat with a cane. Defendant Stewart breached his duty to Plaintiff
when he failed to protect Plaintiff from his own actions in which he harmed,
hazed, assaulted, paddled, and beat Plaintiff with a cane causing Plaintiff to be
physically injured and causing emotional distress. Defendant Stewarts actions

are the proximate cause of Plaintiffs injuries and there were no other intervening
or superseding actions that caused Plaintiffs injuries.
22.

Defendant Jesse Stewart, Jr. became a member of KAPsi through the Washington,
D.C. Alumni Chapter in February of 1991 and did not pledge KAPsi as an
undergraduate.

23.

Defendant Jesse Stewart, Jr., in his official capacity as Membership Intake

Chairman/Dean for the HL KAPsi during the Spring 2015 Membership Intake
Process, watched, encouraged other members, and personally participated in
smacking, hitting, caning, and paddling Plaintiff and his line brothers during the
Spring 2015 Membership Intake Process.

24.

Plaintiffs first Hazing experience with Defendant Stewart began in February,

2015 when Mr. Stewart gave Mr. Courtney Thrower (a member of the Spring
2015 Membership Intake Process) and Plaintiff smacks on their buttocks with a
cane while in his garage. This particular night, Defendant Stewart called Plaintiff
and the others from the Spring 2015 Membership Intake Process to his garage in
pairs of two and gave each member of the Spring 2015 Membership Intake
Process of KAPsi smacks with his cane.

25.

Defendant Stewart then required Plaintiff and members of the Spring 2015
Membership Intake Process to remove their pants and socks and perform tasks
around his house in their underwear.

26.

During this process, Defendant Stewart asked Plaintiff and members of the
Spring 2015 Membership Intake Process inappropriate sexual questions like:
Which hand they used to masturbate, if they had a large or small penis, had they

cheated on their wives or girlfriends, and had they eaten an ass before. Defendant
Stewart also stated that Jergens lotions were the best for masturbating, etc.
27.

Defendant Stewart then required Plaintiff and members of the Spring 2015
Membership Intake Process to rub lotion on his legs in his kitchen as he sat in his
kitchen chair.

28.

Defendant Stewart then told Plaintiff and Mr. Garrett (a member of the Spring
2015 Membership Intake Process) to rub his belly with their bare hands.

29.

Plaintiffs second physical hazing experience occurred on March 23, 2015. On

this date, Plaintiff was hazed with a wooden paddle by Defendant Stewart in his
garage located at 16107 McConnell Drive, Upper Marlboro, Maryland.
Defendant Stewart summoned Plaintiff and Courtney Thrower (a member of the
Spring 2015 Membership Intake Process) to his garage where Defendant Stewart
and another Member of the HL KAPsi, Virgil Moore, were waiting. Defendant
Stewart was wearing yellow latex gloves and had a wooden paddle in his hand.
Defendant Stewart communicated that he owed Plaintiff 12 smacks, 6 for KAPsi
and 6 for Phi Nu Pi. Thereafter, Defendant Stewart turned the volume up on his
radio located in the garage and the lights went out. Defendant Stewart began to
give Plaintiff the 12 smacks, 6 for KAPsi and 6 for Phi Nu Pi, and required
Plaintiff to count aloud for each smack given to his buttocks.

30.

Plaintiff then reported what was taking place to Defendant KAPsi, Defendant the
HL KAPsi, and to Prince Georges County Police.

31.

Plaintiff asked Defendants for a refund of his $3,000 and told Defendants that he
did not want anything to do with KAPsi but Defendants did not comply with his

10

request for a refund.

32.

Since the beating on March 23, 2015, Plaintiff has had to sit on a pillow while
driving and is suffering from lower back pain, has not been able to sleep, and has
felt depressed. All of the named Defendants were responsible for preventing
hazing and had signed KAPsi forms stating that they understood and would do
what was necessary to prevent and report any violation of the statutes of KAPsis
constitution to include hazing.

33.

Plaintiff was obliged to pay KAPsi an application fee of $3,000 and sign a
membership agreement with KAPsi. In exchange, Plaintiff was permitted to seek
membership with KAPsi. Such a relationship is, at a minimum, contractual in
nature, requiring performance by both parties. KAPsi has publicly stated that it
has a fraternal and social responsibility to stop hazing in its fraternity as it has
acknowledged problems and lawsuits involving hazing and serious bodily injury
and death. KAPsi has publicly acknowledged that if it did not do something to
stop the hazing, more individuals would be subjected to serious bodily injury or
death in an attempt to become members of the fraternity. Thus, all of the named
Defendants had a duty to protect Plaintiff from hazing which was a foreseeable
harm.
COUNT I: BATTERY
(All Defendants)

34.

Plaintiff re-pleads and re-alleges paragraphs 1 through 33 as if set forth separately

and at length herein.

35.

Plaintiff further alleges that Defendant Jesse Stewart, Jr.s intentional actions of

11

smacking, hitting, caning, and paddling Plaintiff during the Spring 2015
Membership Intake Process constituted a battery on Plaintiffs body.
36.

In particular, Defendant Jesse Stewart, Jr. inflicted serious bodily injuries upon
Plaintiff by knowingly and intentionally making contact with Plaintiffs body
when he knew or should reasonably have known that Plaintiff would regard the
contact as offensive.

37.

At no time did Plaintiff consent to the beating he received nor was this beating
provoked or justified in any manner.

38.

Plaintiff would further show the Court that Defendant KAPsi and Defendant the
HL KAPsi aided & abetted in the battery and/or ratified it by their actions and
inactions such that they should be held vicariously liable for the conduct of their
agent, Membership Intake Chairman/Dean for the HL KAPsi, Defendant Jesse
Stewart, Jr. Defendant KAPsi is responsible for the actions, inactions and
omission of its agents, Defendant the HL KAPsi and Defendant Stewart, because
all of the acts committed by its agents were within the scope of their duties for
Defendant KAPsi and Defendant the HL KAPsi.

39.

The Defendants conduct constituted an intentional, unwelcomed and

unconsented touching of Plaintiff done with ill-will or evil or wrongful motive
and with actual malice.

40.

All of the named Defendants were responsible for preventing hazing and had
signed KAPsi forms stating that they understood and would do what was
necessary to prevent and report any violation of the statutes of KAPsis

12

constitution to include hazing. All of the Defendants failed to prevent Plaintiff

from being battered and hazed, and failed to report this battery and hazing.
41.

As a result of the Defendants actions and conduct, Plaintiff has suffered and will
continue to suffer injury, severe mental anguish, medical expenses and other
costs.

COUNT II: NEGLIGENCE

(Defendant Kappa Alpha Psi Fraternity, Inc. and Defendant The
Hyattsville/Landover MD Alumni Chapter of Kappa Alpha Psi Fraternity, Inc.)
42.

Plaintiff re-pleads and re-alleges paragraphs 1 through 41 as if set forth separately

and at length herein.

43.

Plaintiff would show the Court that the conduct of Defendant KAPsi and
Defendant the HL KAPsi described above reflected a total want of due care for
the safety of others.

44.

In particular, Defendant KAPsi and Defendant the HL KAPsi failed to use

ordinary care in the following manner(s):

45.

Failing to instruct its members that hazing and other forms of physical and/or
emotional violence to pledges was unlawful and contrary to the policies and rules
of the organization;

46.

Failing to adopt reasonable rules and regulations and procedural safeguards that
monitor the actions of its chapters to protect pledges and other potential members
from hazing and other forms of physical and psychological violence;

47.

Failing to put into place reasonable rules and regulations to ensure that local
chapters and their members did not engage in hazing or other forms of physical
and psychological violence;

13

48.

Failing to enforce any existing policies or rules against hazing and other forms of
physical and psychological violence;

49.

Failing to supervise the conduct of its members and local chapters to ensure that
they did not engage in hazing or other forms of physical and psychological
violence;

50.

Failing to discipline members and local chapters that it knew or should have
known had engaged in, or were engaging in, hazing or other forms of physical and
psychological violence; and

51.

Failing to take reasonable steps to investigate allegations of hazing or other forms

of physical or psychological violence toward pledges and other potential members
of the organization.

52.

All of the named Defendants were responsible for preventing hazing and had
signed KAPsi forms stating that they understood and would do what was
necessary to prevent and report any violation of the statutes of KAPsis
constitution to include hazing.

53.

Plaintiff was obliged to pay KAPsi an application fee of $3,000 and sign a
membership agreement with KAPsi. In exchange, Plaintiff was permitted to seek
membership with KAPsi. Such a relationship is, at a minimum, contractual in
nature, requiring performance by both parties. KAPsi has publicly stated that it
has a fraternal and social responsibility to stop hazing in its fraternity as it has
acknowledged problems and lawsuits involving hazing and serious bodily injury
and death. KAPsi has publicly acknowledged that if it did not do something to
stop the hazing, more individuals would be subjected to serious bodily injury or

14

death in an attempt to become members of the fraternity. Thus, all of the named
Defendants had a duty to protect Plaintiff from hazing which was a foreseeable
harm. Defendants breached that duty when it failed to protect Plaintiff from
batteries/hazing by members of KAPsi.
54.

As a result of Defendant KAPsi and Defendant the HL KAPsis breaches of duty,

Plaintiff suffered harm, mental and emotional anguish, and humiliation.
Defendants breaches of duty were the proximate cause of Plaintiffs injuries.
Defendant KAPsi is responsible for the actions, inactions and omissions of its
agents, Defendant the HL KAPsi and Defendant Stewart, because all of the acts
committed by these agents were within the scope of their duties for Defendant
KAPsi and Defendant the HL KAPsi.

55.

Defendant KAPsi and Defendant the HL KAPsi ratified the actions and inactions
of Defendant Stewart by failing to conduct an unbiased and impartial
investigation and discipline those involved such that they should be held
vicariously liable for their conduct.

COUNT III: GROSS NEGLIGENCE

(Defendant Kappa Alpha Psi Fraternity, Inc. and Defendant The
Hyattsville/Landover (MD Alumni Chapter of Kappa Alpha Psi Fraternity, Inc.)
56.

Plaintiff re-pleads and re-alleges paragraphs 1 through 55 with the same force and
effect as if fully set forth separately at length herein.

57.

Plaintiff further alleges that the conduct of Defendants KAPsi and Defendant the
HL KAPsi, when viewed objectively from their own standpoint at the time it
occurred, involved an extreme degree of risk considering the probability and
magnitude of the potential harm to others.

15

58.

In particular, Defendant Stewart knew that his physical batteries on Plaintiff

posed an extreme risk of significant injury to Plaintiff yet proceeded with
conscious indifference to Plaintiffs rights, welfare and safety.

59.

All of the named Defendants were responsible for preventing hazing and had
signed KAPsi forms stating that they understood and would do what was
necessary to prevent and report any violation of the statutes of KAPsis
constitution to include hazing.

60.

Plaintiff was obliged to pay KAPsi an application fee of $3,000 and sign a
membership agreement with KAPsi. In exchange, Plaintiff was permitted to seek
membership with KAPsi. Such a relationship is, at a minimum, contractual in
nature, requiring performance by both parties. KAPsi has publicly stated that it
has a fraternal and social responsibility to stop hazing in its fraternity as it has
acknowledged problems and lawsuits involving hazing and serious bodily injury
and death. KAPsi has publicly acknowledged that if it did not do something to
stop the hazing, more individuals would be subjected to serious bodily injury or
death in an attempt to become members of the fraternity. Defendant KAPsi, by
imposing an immediate moratorium on membership intake for both alumni and
undergraduate chapters, admitted that it had a very serious problem with
monitoring and enforcing its anti-hazing policy and what it had in place was not
working. Thus, it was foolish and outrageous conduct for Defendant KAPsi to go
back to the same failed policies for Alumni Chapters only 4 months later and not
expect hazing to continue.

61.

According to the rules and regulations of Defendant KAPsi, Defendant the HL

16

KAPsi was in charge of the Spring 2013 Membership Intake Process. Thus, all of
the named Defendants had a duty to protect Plaintiff from hazing which was a
foreseeable harm. Defendants breached that duty when they failed to protect
Plaintiff from batteries/hazing by members of KAPsi.
62.

Alternatively, Plaintiff alleges that Defendant Stewart acted with the specific
intent to cause substantial harm or injury to Plaintiff.

63.

Likewise, Plaintiff would show the Court that Defendants KAPsi and the HL
KAPsi acted with conscious indifference to an extreme risk of significant injury
when they failed to implement and enforce rules against hazing and to supervise
and control Defendant Stewart.

64.

As a result of Defendant KAPsi and Defendant the HL KAPsis breaches of duty,

Plaintiff suffered harm, mental and emotional anguish, and humiliation.
Defendants breaches of duty were the proximate cause of Plaintiffs injuries.
Defendant KAPsi is responsible for the actions, inactions and omissions of its
agents because all of the acts committed by its agents were within the scope of
their duties for Defendant KAPsi. Defendant the HL KAPsi is responsible for the
actions, inactions and omissions of its agent Defendant Stewart.

65.

Defendant KAPsi and Defendant the HL KAPsi ratified the actions and inactions
of their agent Defendant Stewart actions which constituted extreme and
outrageous conduct and were the proximate cause of the Plaintiffs injuries. As a
result of Defendant Stewarts breach of duty, Plaintiff suffered harm, mental and
emotional anguish, and humiliation. So Defendant KAPsi and Defendant the HL
KAPsi should be held vicariously liable for their agent, Defendant Stewarts

17

conduct.
COUNT IV: FALSE IMPRISONMENT
(All Defendants)
66.

Plaintiff re-pleads and re-alleges paragraphs 1 through 65 with the same force and
effect as if fully set forth separately at length herein.

67.

Throughout the time of pledging (February 2015 March 2015), the members of
Defendant the HL KAPsi caused Plaintiff to be held and restrained against his
will.

68.

Such actions by Defendants unlawfully deprived Plaintiff of his liberty and the
actions of Defendants were committed with actual malice.

69.

Defendant KAPsi and Defendant the HL KAPsi ratified the actions and inactions
of Defendants such that they should be held vicariously liable for their conduct.
Defendant KAPsi is responsible for the actions, inactions and omissions of its
agents, Defendant the HL KAPsi and Defendant Stewart, because all of the acts
committed by its agents were within the scope of their duties for Defendant
KAPsi and Defendant the HL KAPsi. All of the acts committed by Defendant
Stewart were within the scope of their duties for Defendant KAPsi and HLKAPsi.

70.

As a result of the conduct and actions of Defendants, Plaintiff suffered the

damage of being unlawfully deprived of his liberty and suffered and continues to
suffer severe mental anguish.

71.

By their behavior, Defendants actions demonstrated actual malice against

Plaintiff.
COUNT V:
GROSS NEGLIGENCE
(Defendant Stewart)

18

72.

Plaintiff re-pleads and re-alleges paragraphs 1 through 71, with the same force
and effect as if set forth separately at length herein.

73.

Defendant Stewart had a special relationship with the Plaintiff during Defendant
KAPsis Spring 2015 Membership Intake Process. Defendant Stewart was to
ensure that the Chapter and its members followed all Maryland laws, and all
KAPsi rules and regulations.

74.

Defendant Stewart, was the 2nd Vice Polemarch (Vice President) & Membership
Intake Chairman/Dean for the Hyattsville/Landover (MD) Chapter of Kappa
Alpha Psi Fraternity, Inc., who had the responsibility for the overall supervision
of KAPsis Spring 2015 Membership Intake Process at Defendant the HL KAPsi.

75.

Defendant Stewart as the 2nd Vice Polemarch (Vice President) & Membership
Intake Chairman/Dean for the Hyattsville/Landover (MD) Chapter of Kappa
Alpha Psi Fraternity, Inc., had a duty to use reasonable care to ensure that the
Plaintiff was not physically harmed, smacked, hit, slapped, caned, paddled or
otherwise assaulted or battered while Plaintiff, or others, was seeking admission
into KAPsi.

76.

Defendant Stewart breached his duty of care to Plaintiff when he failed to protect
him from being punched, hit, slapped, caned, paddled or otherwise assaulted and
battered. Defendant Stewart by actually, smacking, hitting, slapping, caning,
paddling or otherwise assaulting or battering the Plaintiff, or others, who were
seeking admission into KAPsi. constituted extreme and outrageous conduct.

77.

Defendant Stewarts breach of his duty and his extreme and outrageous conduct is
the proximate cause of the Plaintiffs injuries.

19

78.

As a result of Defendant Stewarts breach of duty, Plaintiff suffered harm, mental

and emotional anguish, and humiliation.
COUNT VI: ASSAULT
(All Defendants)

79.

Plaintiff re-pleads and re-alleges paragraphs 1 through 78 as if set forth

separately and at length herein.

80.

Plaintiff further alleges that the conduct of Defendant Jesse Stewart, Jr.,
in intentionally smacking, hitting, caning, and paddling Plaintiff during the Spring
2015 Membership Intake Process placed Plaintiff in fear of imminent bodily
injury. Defendant Stewarts conduct was done with ill-will or evil or wrongful
motive and with actual malice. Defendant KAPsi is responsible for the actions,
inactions and omission of its agents because all of the acts committed by its
agents were within the scope of their duties for Defendant KAPsi. Defendant the
HL KAPsi is responsible for the actions, inactions and omission of its agent
Defendant Stewart.

81.

As a result of Defendant Stewarts actions, Plaintiff suffered harm, mental and

emotional anguish, and humiliation.
COUNT VII: FRAUD
(Intentional Misrepresentation)
(All Defendants)

82.

Plaintiff re-pleads and re-alleges paragraphs 1 81 with the same force and effect
as if set forth separately and at length herein.

83.

On June 24, 2010, Plaintiff and Defendant KAPsi entered into a written
agreement that was drafted by the Defendant. The agreement required the
Plaintiff to pay $3,000 to become a member of Defendant KAPsi through the

20

Defendant the HL KAPsi. The agreement stated that there would be no hazing or
paddling, hitting, caning, slapping, punching, kicking, etc. during the Spring 2013
Membership Intake Process. Before Plaintiff paid Defendants $3,000, members
of Defendant the HL KAPsi, including Defendant Stewart, specifically stated to
Plaintiff that there would be no hazing, paddling, hitting, caning, slapping,
punching, kicking, etc. during the Spring 2013 Membership Intake Process.
84.

Defendants intentionally made a false misrepresentation of material fact to

Plaintiff that there would be no hazing, paddling, hitting, caning, slapping,
punching, kicking, etc. during the Spring 2013 Membership Intake Process.

85.

Defendants knew or should have known that this representation was false. The
representation was made with such reckless disregard for the truth that knowledge
of the falsity of the statement can be imputed to the Defendants.

86.

Defendants made this false statement for the purpose of defrauding the Plaintiff and
getting him to engage in a contract with Defendants and pay over $3,000 to the
Defendants.

87.

The Plaintiff relied upon the misrepresentation of the Defendants and entered into a
contract with the Defendants. Subsequently, the Defendants breached that contract
with Plaintiff and hazed, assaulted, battered, hit, paddled, smacked and caned him
during the Spring 2013 Membership Intake Process.

88.

The Plaintiff suffered damages as a direct result of his reliance upon the Defendants
misrepresentation and Defendants fraudulently gained $3,000 and refused to refund
it to the Plaintiff.

89.

Defendants breaches of duty were the proximate cause of the Plaintiffs injuries.

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Defendant KAPsi is responsible for the actions, inactions and omissions of its
agents because all of the acts committed by its agents were within the scope of
their duties for Defendant KAPsi. Defendant the HL KAPsi is responsible for the
actions, inactions and omissions of its agent Defendant Stewart.
90.

Defendants conduct was done with ill-will or evil or wrongful motive and with
actual malice.
RELIEF

91.

Plaintiff seeks the following relief as set forth below:

92.

Compensatory damages against the Defendants in the amount of $1,003,000;

93.

Punitive damages against the Defendants in the amount of $1,003,000;

94.

Expert witness fees;

95.

Attorneys fees and costs, and interest; and

96.

Such other relief as he may be entitled.

JURY DEMAND

97.

Plaintiff demands a trial by jury.

Respectfully submitted,
___________/s/_________________
Jimmy A. Bell, Esq.
Law Office of Jimmy Bell, L.L.C.
P.O. Box 2239
Upper Marlboro, Maryland 20773
(301) 661-1165
(301) 560- 5267(Fax)
jimbellesq@aol.com
Counsel for Plaintiff

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