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Alabama YMCA Youth Judicial

2016 Case Materials

www.alyig.org/judicial

IN THE CIRCUIT COURT OF

GOWER COUNTY, CONTINENTAL

JAMIE KYSER, a minor by and through *

parents and next friends TERERSA and *

KEITH KYSER, *

*

Plaintiffs *

*

vs. * CV-2015-1234

*

HUNTER SULLIVAN, by and through *

parents BOB and CINDY SULLIVAN, *

*

Defendants. *

IN THE CIRCUIT COURT FOR




KEITH KYSER, *

*

Plaintiffs *

*

vs. * CV-2015-1234

*

HUNTER SULLIVAN, by and through parents * Witnesses, Exhibits, Stipulations,

BOB and CINDY SULLIVAN, * and Legal Authorities

*

Defendants. *

WITNESSES

The following witnesses may be called by the parties:

For the Plaintiff: For the Defendant:

Jamie Kyser Hunter Sullivan

Blake Williams Coach Sam Chandler

Taylor Welch Cameron Fields

All Witnesses May Be Male or Female

EXHIBITS

Exhibit 1- Article by Dr. Welch

Exhibit 2- Psychiatric Assessment and Report

Exhibit 3- Gower County School Conduct Policy

Exhibit 4- Official Resolution by Gower County School Board Association

Exhibit 5- Deposition Excerpts

Exhibit 6- Forensic Copy of GCHS FriendBook Page

Exhibit 7- Late Sign In Sheet

Exhibit 8- Library Computer Sign-In Record

STIPULATIONS

1. All exhibits included in the case are authentic and accurate in all respects. No objections

to the authenticity of the exhibits will be entertained.

2. All depositions and witness statements are presumed to be signed by the deponent and/or

witness.

3. In arguing legal issues, the parties may rely upon the legal authorities provided below,

the complaint, the answer, and the jury charges provided with this case.

4. The psychiatrist’s report is admissible without further foundation. No hearsay objections

to this document will be entertained. However, if any hearsay is contained in this report,

hearsay objections shall be entertained as to those portions of the report which may

contain hearsay.

5. No hearsay objections to Exhibit 6 will be entertained. However, if any hearsay is

contained in the exhibit, hearsay objections shall be entertained as to those portions of

the exhibit which may contain hearsay.

LEGAL AUTHORITIES

1. CONT. CODE § 6-5-182 (1975)--- In an action for libel or slander, the plaintiff must prove,

unless it shall be admitted by the defendant, the facts showing that the alleged defamatory

matter was published or spoken of the plaintiff.

2. CONT. CODE § 6-5-183 (1975)--- In all actions of slander or libel, the truth of the words

spoken or written or the circumstances under which they were spoken or written may be

given in evidence under a general denial in mitigation of damages.

3. CONT. CODE § 6-5-183 (1975)--- The defendant in an action of slander or libel may prove

under a general denial in mitigation of damages that the charge was made in good faith

by mistake or through inadvertence or misapprehension, and that he has retracted the

charge in the same medium of publication as the charge was originally promulgated and

in a prominent position therein.

4. The tort of invasion of privacy consists of four distinct wrongs: ‘‘(1) intruding into the

plaintiff’s physical solitude or seclusion; (2) giving publicity to private information about

the plaintiff that violates ordinary decency; (3) putting the plaintiff in a false, but not

necessarily defamatory, position in the public eye; or (4) appropriating some element of

the plaintiff’s personality for a commercial use.’’ Warren v. Roland, 706 N.N.W. 3d

700, 701 (Cont. 1997).

PATTERN JURY INSTRUCTIONS

CJI 23.00

Defamation--- Libel and Slander--- Definition

Defamation means the communication to a third person of a false and malicious

imputation of a crime or moral delinquency of and concerning the plaintiff

which subjected the plaintiff to disgrace, ridicule, odium, or contempt in the

estimation of his friends and acquaintances, or the public, with resulting damage

to plaintiff’s reputation.

CPJI 23.07

Truth as a defense- Libel or Slander

If you are reasonably satisfied that the matter published was substantially true;

that is, true without qualification, and in all respects material; then you cannot

find for the plaintiff.

CPJI 23.08

Construction of Words

Published words, made the basis of a libel or slander action, must be construed

according to their natural and probable effect upon the mind of the average lay

person.

CPJI 23.09

Words of and Concerning Plaintiff

If you are not reasonably satisfied that the communication complained of was

directed against the plaintiff, then you cannot find for the plaintiff.





KEITH KYSER, *

*

Plaintiffs *

*

vs. * CV-2015-1234

*

HUNTER SULLIVAN, by and through parents *

BOB and CINDY SULLIVAN, *

*

Defendants. *

COMPLAINT

COMES NOW the Plaintiff, JAMIE KYSER, by and through parents and next friends

KEITH and TERESA KYSER, and alleges as follows:

PARTIES

1. Plaintiff Jamie Kyser, a minor, is a resident of Gower County, Continental. Keith

and Teresa Kyser, parents and lawful guardians of Plaintiff, are residents of

Gower County, Continental.

2. Defendant Hunter Sullivan, a minor, is a resident of Gower County, Continental.

Bob and Cindy Sullivan, parents and lawful guardians of Defendant, are residents

of Gower County, Continental.

3. All of the acts complained of in this Complaint occurred in Gower County,

Continental. Therefore, venue is proper in this Court.

FACTS

1. On or about February 4, 2015, Defendant Hunter Sullivan wrote certain

statements on the Glanton County High School’s FriendBook social media page

indicating that Jamie Kyser used Performance Enhancing Drugs.

2. Specifically, Defendant wrote ‘‘Cat’s out of the bag! If there was ever any doubt

why Basketball Star Jamie Kyser became an overnight basketball star, it will be

gone soon --- I have definitive proof that s/he regularly dopes up. For those of you

who aren’t into the parlance of our times, that means that s/he is a regular user of

performance enhancing drugs. S/he would fit right in with about half of the

Russian Olympic Team!’’

3. Said statement was published to the FriendBook social media page.

4. As a result, Plaintiff has suffered physical pain and mental anguish and suffering.

COUNT ONE

8. Plaintiff asserts that Defendant is guilty of the tort of libel based upon the

statements contained in the note.

COUNT TWO

9. Plaintiff asserts that Defendant is guilty of the tort of slander based upon the

statements made by Defendant alleging criminal activity.

COUNT THREE

10. Plaintiff asserts that Defendant is guilty of the tort of invasion of privacy for

disclosing false statements to the public which have damaged Plaintiff’s mental and physical

well-being and which have damaged her reputation.

COUNT FOUR

11. Plaintiff asserts that Defendant is guilty of the tort of invasion of privacy for

disclosing private facts to the public which have damaged Plaintiff’s mental and physical well-

being and which have damaged her reputation.

WHEREFORE, Plaintiff demands judgment against Defendant for compensatory and

punitive damages in an amount determined by a jury, plus interest, attorneys’ fees, costs,

expenses resulting from the defamation and invasion of privacy, and such other relief as this

Court deems just and proper.

______________________________

Cormack Glanton (CSB 044)

Attorney for the Plaintiff

TRIAL BY STRUCK JURY DEMANDED

______________________________

Cormack Glanton (CSB 044)

Attorney for the Plaintiff





KEITH KYSER, *

*

Plaintiffs *

*

vs. * CV-2015-1234

*



*

Defendants. *

ANSWER

COMES NOW the Defendant, HUNTER SULLIVAN, by and through her parents and

next friends BOB and CINDY SULLIVAN, and answers the Plaintiff’s complaint as follows:

FIRST DEFENSE

Defendant denies each and every allegation of the complaint, and demands strict proof

thereof.

SECOND DEFENSE

The complaint fails to state a cause of action against this Defendant upon which relief

can be granted.

THIRD DEFENSE

The Defendant states that he/she is not guilty of the matters alleged in the complaint.

FOURTH DEFENSE

The Defendant pleads the general issue.

FIFTH DEFENSE

The Defendant denies that the Plaintiff was injured to the nature and extent as alleged in

the complaint.

SIXTH DEFENSE

The Defendant pleads failure to mitigate damages.

SEVENTH DEFENSE

The Defendant pleads truth.

EIGHTH DEFENSE

The Defendant denies that the Plaintiff requested a retraction. As a result punitive

damages are not available.

______________________________

Norman Tule (CSB 005)

Attorney for the Defendant



JAMIE KYSER, a minor by and through his/her *


KEITH KYSER, *

*

Plaintiffs *

*

vs. * CV-2015-1234

*



*

Defendants. *

DEPOSITION OF JAMIE KYSER

The witness, JAMIE KYSER, being first duly sworn to state the truth, the whole truth,

and nothing but the truth, testified as follows:

I am currently an 11th grade student at Gower County High School. I was born and raised

in neighboring Rosarita County. We moved to Gower County right before I started the 9th grade.

I attend Gower County High School. Gower County High School is okay. I really miss all my

friends that I grew up with. We still see each other sometimes, but it took me a little while to

be accepted here. It is a close knit community ----- everyone has known everyone else since the

day they were born. Don’t get me wrong, I get along well with everyone and became rather

popular once I joined the basketball team. Sports are a big deal around here, especially

basketball. And I am very very good at basketball. Of course, it took me a while. I wasn’t all

that athletic when I first got here, but between 9th and 10th grade, I hit a massive growth spurt,

and all of a sudden, I was playing like LeBron.

Don’t get me wrong --- I am also a good student. My goal is to get a basketball scholarship

like some of the students around here, but if all else fails, I am trying to make sure that I get

good grades so that I can maybe get an academic scholarship or at least accepted into a really

good school (preferably one a long way from here). My guidance counselor is really pushing for

Toadvine State University, but too many of the students from Gower County go on to that school.

Heck --- I wouldn’t go there if I got a basketball scholarship! I have no intention of spending four

more years with those people-----especially Hunter Sullivan.

After the last bell, most students gather outside the covered break area to hang out and

wait on rides or buses. On February 4, 2015, me and some of my friends headed out to the

break area after school like usual. I knew something was up as soon as we started walking that

way. A bunch of students were whispering and laughing and staring at me. We walked up to

our usual group and they just turned and walked away. I yelled at one of them, ‘‘What’s up?’’

Rob Chambers, a guy I’m friends with, said, ‘‘Way to take one for the team --- although it sounds

like you took much more than one.’’ Then he made a gesture like he was showing off his muscles.

Then, everyone started laughing. I had no idea what he was talking about, so I walked up to him

and asked.

Rod said that he was in the principal’s office when Hunter Sullivan was brought in by

Coach Chandler. Coach Chandler sat him in front of a computer and asked ‘‘did you write

this?’’ Apparently it was an anonymous comment on the Gower County High School FriendBook

page that was about me using P.E.Ds. Someone said that I was using performance enhancing

drugs, and that’s why I was so dominant on the court!

Then Rob said, loudly ‘‘apparently you are a bigger dope than we thought.’’ Of course,

he emphasized the word ‘‘dope’’ and everyone started cracking-up. I didn’t know what to do. I

was so shocked and embarrassed I ran all the way home. My parents had already seen the

FriendBook post, and were furious. They immediately started yelling at me asking me if it was

true, then they threatened to call the school. After I told them that I thought it was Hunter, and

my parents threatened to call Hunter’s parents. That first night --- I had a panic attack. I started

breathing heavy and sweating. It was bad --- I guess I was embarrassed and angry. But most of

all, I was hurt.

My parents thought it was best if I did not go to school the next day so I stayed at home-----

I just knew that it was Hunter who posted that slanderous comment about me, and I didn’t want

to see him. He has always been jealous of my athletic ability. In fact, one day right after I moved

here, he called me a ‘‘carpetbagger’’ and said that I had not ‘‘earned the right’’ to be a member

of Gower County sports teams. I thought that maybe his attitude toward me would get better

over time, but he has always been a bitter person, and everyone at this school knows it. I also

know that Hunter is saying that there have always been rumors about me using P.E.D.s, but

that’s just not true. He made that up --- no one has ever accused me (or anyone else at GCHS) of

juicing. Coach always makes it a point to emphasize the importance of fairness and clean living,

and he always brags about having one of the cleanest basketball programs in the State.

One day kinda led to the next, and before I knew it the whole week had passed and I had

not been to school. Worse yet, that whole week, no one had taken the initiative to remove the

false, offensive FriendBook post. I guess I could have confronted Hunter, but our relationship

was already pretty negative, and I don’t know what I would have said to him. My parents sent

me to a psychiatrist -----Taylor Welch. I have never been to one of those kind of doctors before,

but it was alright. We talked and stuff. Mainly about what I thought, what I did, how I slept,

my parents and how everyone had started treating me after the note.

I have finally gone back to school. I heard that Hunter got suspended for a day for

posting the anonymous accusation about me. I also heard a rumor is that he was caught on a

Library computer trying to hack into one of his buddy’s FriendBook accounts, and got suspended

again! I am not surprised --- if Hunter is anything, he is a liar, and will make things up to get

attention. I’m not the only person at GCHS who thinks this --- everyone on the basketball team

calls him ‘‘Half-truth Hunter.’’ Things are still a little strange around school, but I know I should

be back. If I ever want out of this place, I have got to keep my grades up. Unfortunately,

though, all of the colleges that were considering giving me a scholarship have just stopped calling

--- I guess they don’t want to take the risk. It’s really awful how someone’s lie can have such an

enormous effect on another person’s life.

____________________________________

JAMIE KYSER

STATE OF CONTINENTAL

COUNTY OF _______________

Before me, the undersigned Notary Public, did personally appear JAMIE KYSER who states to

me that S/HE is aware of the contents of the foregoing Affidavit, and that S/HE did execute it voluntarily.

SWORN TO and SUBSCRIBED before me on this the ___ day of __________, 2016.

______________________________

NOTARY PUBLIC





KEITH KYSER, *

*

Plaintiffs *

*

vs. * CV-2015-1234

*



*

Defendants. *

DEPOSITION OF BLAKE WILLIAMS

The witness, BLAKE WILLIAMS, being first duly sworn to state the truth, the whole

truth, and nothing but the truth, testified as follows:

My name is Blake Williams. I currently serve as President of the Gower County School

Board Association. We are responsible for establishing and implementing all policies and

procedures for the schools in this county, overseeing financial matters, and employment issues.

One of our primary responsibilities outside these administrative matters is disciplinary actions

involving students. We take our School Conduct Policy very seriously and swiftly and seriously

reprimand any offenders

I have firsthand knowledge of the disciplinary action involving Hunter Sullivan. Hunter

appeared, with his parents and attorney, before the School Board on February 12, 2015. Hunter

was accused of having made statements about Jamie Kyser in violation of Section I (4) of the

Gower County High School Conduct Policy. After Hunter was sworn in, he testified that he had

absolutely nothing to do with the anonymous statement posted on the Gower County FriendBook

page. He said that he got rid of his FriendBook account once his grandmother decided to join

and ‘‘friended’’ him. Apparently, there is a new social media app called ‘‘SnapTrap’’ that is all

the rage, and according to Hunter, ‘‘no one gets on FriendBook any more.’’ Hunter also testified

that he could not have posted the offensive link because he was not at school at 9:45a.m., when

the statement was posted online.

For my part, I just didn’t believe him. First of all, for some reason, Hunter’s FriendBook

page always comes up on my ‘‘Recommended Friends’’ list, so he must still have an account.

Also, my kids told me once that they know lots of people who open up anonymous accounts on

FriendBook so they can make comments without the risk of getting identified. In fact, I tried to

open an anonymous account myself (just to see if it was possible) and it took me a grand total of

five minutes. Also, during the hearing, Hunter was caught telling a bald-face lie! He told the

Board that he had never seen or visited the Gower County High FriendBook page. He sure

changed his tune when one of my colleagues questioned him about a FriendBook post that he

made on the Gower County High page from two years earlier. He said ‘‘I must have forgotten

about that. . . .’’ We also saw evidence that Hunter logged into a library computer about ten

minutes before the anonymous poster wrote the offending message, and we know that the

message was posted on a school computer. We also saw other evidence, late school sign-in

sheets, computer records, forensic copies and the like. It was intense.

Coach Sam Chandler also appeared before the School Board in defense of Hunter. He

told the board that he believed that Hunter was an honest, upstanding member of the school

community, that Hunter told him that he did not make the FriendBook posts, and that, as far as

he was concerned, Hunter’s word was his bond. After a vote of three to two, the School Board

found Hunter Sullivan had indeed violated the policy and suspended him from all school activities

for one day.

I was a little disappointed that Hunter did not receive the maximum of three days of

suspension. I think what s/he did was reprehensible. I have been friends with Teresa and Keith

Kyser for years. They are excellent parents and pillars of the community. I cannot imagine what

it must be like for them to have their child’s name dragged through the mud on social media. I

have heard stuff about Jamie in the past, and I won’t deny that I have heard rumblings about

his/her excellent athletic ability not being ‘‘natural,’’ but you know how high school kids can be

about rumors and innuendo, so I never thought anything about it. Now I feel sorry for Jamie.

Jamie has always been a good student, well-liked, and popular. But I get the sense that other

Parents have become a bit more leery of Jaime and his/her family. Just last week, I had a parent

tell me that she wouldn’t let her child play on the basketball team because ‘‘as long as Jamie

Kyser is playing, every one of his/her teammates is tainted.’’

____________________________________

BLAKE WILLIAMS


COUNTY OF _______________

Before me, the undersigned Notary Public, did personally appear BLAKE WILLIAMS who states to me that S/HE is

aware of the contents of the foregoing Affidavit, and that S/HE did execute it voluntarily.


______________________________

NOTARY PUBLIC





KEITH KYSER, *

*

Plaintiffs *

*

vs. * CV-2015-1234

*



*

Defendants. *

DEPOSITION OF TAYLOR WELCH, M.D.

The witness, TAYLOR WELCH, being first duly sworn to state the truth, the whole


I am a 1996 graduate of Vanderbilt University. I graduated with a B.A. in

Sociology/Psychology and Chemistry. I then attended Vanderbilt University Medical School

and where I received my medical degree in Psychiatry. Following graduation, I did my internship

at The Mayo Clinic. After completing my internship, I accepted a position with Cedars-Sinai

Hospital. I have recently opened my own practice in Gower County. I have authored several

articles, including one relating to school socialization. The other articles related to the effects

of pregnancy-related weight gain on a mother’s self-esteem; schizophrenia among children born

to older men; and a study relating to mental illness among the homeless.

I have met with and counseled Jamie Kyser for a case of mild depression as a result of

the conduct and comments made by Hunter Sullivan. As a standard practice when treating

adolescents, I first meet with their parents out of the presence of the patient in order to establish

certain parameters, such as past behavior, illnesses, and present behavior, in order to more fully

assess a patient. Teresa and Keith Kyser stated that Jamie had no significant childhood illnesses

or trauma. They said Jamie was a popular teenager. Jamie was picked as ‘‘Best All-Around

Freshman’’ for the school yearbook two years ago. Jamie had lots of dates and lots of friends

until February of this year after the incident with the post. Subsequent to this, Jamie became

withdrawn and did not go to school for two weeks. Jamie’s friends have responded negatively.

Jamie has lost weight and has had problems sleeping.

During my hour consultation with the patient, Jamie presented with symptoms consistent

with mild depression. We discussed the possible causes and the effects which have manifested

themselves over the three months subsequent to the incident. A report of my consultation and

assessment is attached hereto. In my opinion, Jamie suffers from mild depression caused by the

negative comments inferring performance enhancing drug use made by Hunter Sullivan.

____________________________________

TAYOR WELCH, M.D.


COUNTY OF _______________

Before me, the undersigned Notary Public, did personally appear TAYLOR WELCH who states to me that S/HE is

aware of the contents of the foregoing Affidavit, and that S/HE did execute it voluntarily.


______________________________

NOTARY PUBLIC





KEITH KYSER, *

*

Plaintiffs *

*

vs. * CV-2015-1234

*



*

Defendants. *

DEPOSITION OF HUNTER SULLIVAN

The witness, HUNTER SULLIVAN, being first duly sworn to state the truth, the whole


I am currently an 11th grade student at Gower County High School. I was born and raised

in Gower County. I attended Gower County Elementary School, Gower County Junior

High School, and this is my third year at Gower County High School. Gower County High

School is a pretty good place to go to school. The junior class has approximately 100 students

in it. Most of the other classes also have about 100 students. Since this the only High School in

Gower County, we all know each other pretty well. We have pretty much been together as a

group as we have moved from grade to grade. If we do not know someone directly, we usually

know something about the other person.

I am pretty active in school and make pretty good grades. I currently have a ‘‘B’’

average. I also am involved in sports. I play forward on the varsity basketball team, although I

am not a starter. I really enjoy basketball and hope someday to earn a college scholarship if I

can ever break into the lineup. Coach Chandler tells me that if I work hard and stay out of

trouble, I might have a chance.

Although I have a ‘‘B’’ average, I do not enjoy my classes as much as I do athletics.

Sometimes we get bored during our classes and goof off. Health class is a perfect example. Who

needs a whole class about health. That kind of stuff should be common sense for everybody.

Coach Chandler is our health teacher. You can imagine what it’s like having your basketball

coach teach you health, including all of that stuff about drugs. He spends a lot of time talking

and talking and talking about how clean his basketball program is . . . I’m not sure if he is

willfully blind, or if he just doesn’t want to admit that the entire team is doped-up. I mean --- not

me, of course, but I’m not a starter either and it’s just not worth it for me to cheat the system to

get an edge.

I am being wrongfully accused of getting online and posting about the Jamie Kyser doping

scandal. Yes --- everyone and their dog knows that Jamie Kyser used P.E.D.s. It’s not a secret,

and it’s absolutely true. I’m on the basketball team with him/her and everyone on the basketball

team knows --- they are doing it with him/her! In fact, I’ve seen him/her taking all sorts of pills

and what-have-you. I don’t know if they were steroids or what, but I saw it --- it was two years

ago after practice one afternoon. We went to the locker and I saw Jamie take some kind of power

out of his/her bag and mix it in a water-bottle. I asked Jamie if s/he had any extra sports-drink

mix and he/she started laughing and said ‘‘is that what people are calling it these days?’’ I looked

at him/her and said ‘‘calling what these days?’’ Jamie just shook his/head like I was an idiot and

walked away.

There is other evidence. When s/he moved to GCHS, s/he was a scrawny little runt, and

although s/he tried out for the basketball team, s/he could barely keep up. But by his/her Junior

year, it was like s/he had transformed. S/he had put on at least 25 pounds, had moves like

Stephen Curry, and could dunk a tennis ball. We were shocked, but of course s/he made the

team and was an instant starter. Everyone at GCHS noticed the transformation, and everyone

knew instantly why Jamie had become an overnight basketball sensation --- it just wasn’t natural!

But even though it is absolutely true that Jamie uses PEDs, I was not --- I repeat --- not the

person who posted on the FriendBook GCHS page. I stopped using my FriendBook account

years ago after my mom joined up and started snooping around! No one really uses FriendBook

any more anyway --- it’s a haven for washed-up 30-somethings to keep up their tender-self-esteem

up by posting doctored-up photos of their kids. But I digress. Not only do I not get on FriendBook

anymore, but it would have been impossible for me to have posted that note on the day-of. I was

told that the offending post was made by someone on a school library computer that morning at

10:56 a.m. Something about tracking an I.P. address? Anyway, I was late for school that day,

so I couldn’t have possibly made that post.

That didn’t stop some wannabe snitch from reporting me to the Coach. I have no idea

why anyone would suspect that I would badmouth a classmate on FriendBook, but they did. I

got suspended for one day because principal thought we had violated the school language and

behavior policy, and nothing I said could convince him otherwise.

Once that happened, our parents got involved. The principal’s decision to suspend me

was appealed to the school board. My parents thought that since it would show up on my college

record, it might hurt my chances of getting invited to a good school. Unfortunately, I did not

get any relief on the appeal from the school board. My one day suspension is now on my record.

Yes --- I got caught a few weeks later trying to log into a friend’s FriendBook account

while at the library. Another classmate saw me trying a password, and reported me to Coach

Chandler. Honestly, I got pretty nervous in Coach’s office because I was just accused of lying

about someone online, so I initially told Coach that I was signing into my own FriendBook page.

Fortunately, though, my friend told the truth (unlike Jamie) --- he was in class and heard

that someone posted an unflattering pic of him on FriendBook. He texted me under his desk and

asked me to log into his account and delete the picture from his FriendBook wall because he

couldn’t do it in class from his phone! I thought I knew his password, but apparently he changed

it. The Principal let that one slide.

I am sorry that Jamie Kyser’s feelings were hurt, but if s/he doesn’t want people talking

about his/her P.E.D. use, s/he shouldn’t be using P.E.D.s!

____________________________________

HUNTER SULLIVAN


COUNTY OF _______________

Before me, the undersigned Notary Public, did personally appear HUNTER SULLIVAN who states to me that S/HE

is aware of the contents of the foregoing Affidavit, and that S/HE did execute it voluntarily.


______________________________

NOTARY PUBLIC





KEITH KYSER, *

*

Plaintiffs *

*

vs. * CV-2015-1234

*



*

Defendants. *

DEPOSITION OF SAM CHANDLER

The witness, SAM CHANDLER, being first duly sworn to state the truth, the

whole truth, and nothing but the truth, testified as follows:

I am a graduate of Mainsail University. While at Mainsail, I played on the school’s

basketball team. We won the North Western Conference two times while I was there. I received

a degree in Education.

Since my graduation from Mainsail University, I have been employed as a coach at

several schools. I started working with junior high school teams and eventually worked my way

up to high school teams. I have been employed as the Head Basketball Coach at Gower County

High School since 2008.

In addition to my coaching duties I am required to teach two classes. I teach 10th grade

history and 11th grade health. Sometimes a member of one of my teams is in my class. I do not

see any problems with that. Somebody has to look out for the athletes.

On February 4, 2015, during my break period I was browsing the GCHS FriendBook

page. Yes, I was working. I am an admin on the page --- I even joined under the username

‘‘Headballcoach.’’ I always post on the website before games. After I posted, though I saw a

comment pop-up about Jamie Kyser using P.E.D.s. Immediately the GCHS page lit up with

about 40 ‘‘likes’’ in a five minute period, and several comments --- some people standing up for

Jamie, and some other people making snide comments about his/her ‘‘unnatural athletic ability.’’

Now I know Jamie, and I know that s/he is incredibly good at basketball. There is a lot of

‘‘chatter’’ amongst the students here about how s/he got to be so good, but I can guarantee you

that I do my best to run an airtight, clean program, so if Jamie is using, I certainly wouldn’t

know about it, and absolutely wouldn’t condone it.

About ten minutes after the comment was posted, one of my players sent me a FriendBook

message saying that s/he knew who the anonymous commenter was: Hunter Sullivan. I couldn’t

believe it! Hunter is an honest student who generally gets along with everyone on the team. S/he

is the ultimate team player --- maybe not the best athlete, and s/he may see 5 minutes of playing

time all season, but s/he is always on his/her feet cheering the team and giving 110% effort in

practice. Now I know that Hunter and Jaime aren’t best friends or anything, and I’ve heard that

there is some tension there, but I just know that Hunter wouldn’t deliberately lie about something

this serious. Heck, just two years ago, Hunter won the Warren Z. Cormack Award. The school

gives out this award to the student who might not be the most well-known or popular person at

GCHS, but who exhibits talent, integrity, and honesty.

Despite this, I was angry when I saw the comment, mainly because the comment was an

indirect indictment of my program, so I stormed out of my office and went to find Hunter, who

it turned out was also on his/her break period, hanging out in the library study room. I sat down,

looked Hunter in the eye, and asked him/her whether s/he had written the anonymous post. S/he

immediately said ‘‘no.’’ Of course, I believed him/her, but I was worried about what would

happen if it got out that I didn’t report Hunter to the principal as a suspect. So we walked to the

Principal’s office and I told her that another student informed me that Hunter had written the

post. The Principal thanked me and then asked me to leave while they talked. I thought about

telling her that I was sure Hunter was not the culprit, but for one reason or another, I kept my

mouth shut. I didn’t want to make a scene I guess, and I’ve always been pretty intimidated by

the Principal.

I guess that’s why I made the decision to appear at Hunter’s Board meeting as a character

witness. I just do not believe that Hunter would have done this --- s/he is honest as the day is

long, and would never lie to me.

I do know that after the incident Jamie missed a few days of class. S/he did not really

seem to be the same person afterwards. Jamie sort of sat one side of the room, alone. These kids

really do need to get a tougher outer shell.

____________________________________

SAM CHANDLER


COUNTY OF _______________

Before me, the undersigned Notary Public, did personally appear SAM CHANDLER who states to me that

S/HE is aware of the contents of the foregoing Affidavit, and that S/HE did execute it voluntarily.


______________________________

NOTARY PUBLIC





KEITH KYSER, *

*

Plaintiffs *

*

vs. * CV-2015-1234

*



*

Defendants. *

DEPOSITION OF CAMERON FIELDS

The witness, CAMERON FIELDS, being first duly sworn to state the truth, the whole


I graduated from Gower County High School last year and I currently work at my Dad’s

hardware store in Mainsail, Continental. I am considering college, but I am enjoying this Gap

year a great deal --- very little pressure, regular work hours and a steady paycheck. I might extend

this gap year to two.

I had a rough go of it in high school. I got caught up in the wrong crowd, and by my

Sophomore year, I was in the P.E.D. sales racket. Sports are huge at GCHS, so it’s easy to

understand why I was knee deep in a seller’s market. And I made a barrel full of money. Those

were the salad days. It all came crashing to the ground in early 2015, when Lewellen Holden

overdosed on some of my product. He was rushed to the hospital, I was arrested and entered a

plea deal --- I pled guilty, the prosecutors agreed to recommend a suspended jail sentence with

probation, although I have a felony drug trafficking charge on my record. Thankfully, though,

Lewellen pulled through. That didn’t stop him from suing me, though. We settled, but I had to

deal with a bunch of lawyers, and they even made me take a deposition (although I don’t

remember much of the deposition because I was definitely stoned the whole time). It was a time

I wouldn’t wish on my worst enemy.

Before I was arrested, I sold P.E.D.s to more GCHS athletes than I can count. This list

includes Jamie Kyser. I remember meeting him/her his/her freshman year. S/he couldn’t have

weighed more than a buck and a half, but s/he was obsessed with the idea of being a big time

basketball player. Someone must have told him/her that I could hook him/her up with some of

my ‘‘product.’’ I told Jamie that I had plenty of substances that could help him/her add weight,

stamina, etc. I don’t quite remember what I sold him/her. Maybe some human growth hormone,

maybe something else. I’ll admit that I would sometimes just take baking powder and put it in a

bag and sell it as ‘‘Powdered HGH.’’ I’d tell my customers to just put it in a bottle of water,

shake it up, and drink it down. They didn’t know the difference, and what with the placebo effect

and all, I’m sure it had a positive impact. Selling baking powder certainly had a positive impact

on my bank account. I might have sold Jaime some of my baking powder --- it might have been

all baking powder but I don’t remember to be honest --- it was so long ago.

I do remember that Jamie stopped buying from me after the beginning of his/her

sophomore year. S/he told me she didn’t want to buy anymore because s/he had made all the

‘‘gains’’ s/he needed to make the basketball team, and s/he didn’t see the need to take anymore

unnecessary risks.’’ To be honest with you, I think s/he must have found out I was padding the

margins by selling him/her powder and decided to not make a stink out of it. I am sure s/he just

found another dealer because s/he just kept getting bigger, stronger, and faster over the next few

years, although none of my dealer-friends said anything to me about selling to her/him, and we

are usually pretty in-the-loop about each-other’s clients.

____________________________________

CAMERON FIELDS STATE OF CONTINENTAL

COUNTY OF _______________

Before me, the undersigned Notary Public, did personally appear CAMERON FIELDS who

states to me that Ss/HE is aware of the contents of the foregoing Affidavit, and that S/HE did execute it

voluntarily.


______________________________

NOTARY PUBLIC

SCHOOL SOCIALIZATION:

The effects of comments inferring drug abuse among high school students.

By: Taylor Welch, M.D., Psychiatrist

The teenage years can be difficult for any child. Additional problems and pressures can

arise, however, as high school students begin to experience thoughts and feelings

regarding experimentation with illicit drugs. Students begin to experiment in various

behaviors. Part of the experimentation process is the sharing of information with friends

and peers. Through this process, students work through their feelings, gather information

and find the answers to questions about drug use.

An unfortunate aspect of this discovery process concerns the sharing of information

outside immediate peer groups. While some high school students can trust friends and

peers with their confidences, and recognize that many of the conversations are part of the

learning and growing process. Other students use the information as a tool to socialize

with yet other students.

Over the past ten years (31) high school students have been examined for symptoms

related to events at schools where other students made inappropriate comments inferring

drug abuse. Of the (31) students, (27) appeared to suffer from mild depression symptoms.

These symptoms included loss of appetite, weight loss, and withdrawn. Of the (27)

students who suffered from mild depression symptoms, (9) students appeared to have

returned to normal function activity after approximately three months of treatment. This

included no medication. Of the remaining (18), students, medication was begun in low

dosages. Four of the students improved after six months. Of the remaining (14) students,

after one year of treatment, including increased medication, an additional (6) students

appeared to have recovered. Two students were unable to return to full functioning level

at their existing schools and moved to new schools. This examiner has no further

information about those students. The remaining (8) students still appear to suffer from

mild depressive symptoms throughout their entire high school experience. They appear

to only be able to recover from the depression after they had left their high school peer

groups and moved onto college and work peer groups.

TAYLOR WELCH. M.D.

Psychiatry

1000 Skate Street

Gower County, Continental

PSYCHIATRIC ASSESSMENT & REPORT

Name: Jamie Kyser

Sex: Fe/male

Age: 16

DOB: September 12, 1999

Marital Status: Single

Examiner: Taylor Welch, M.D.

Date of Exam: August 1, 2015

HISTORY & OBSERVATIONS:

Jamie Kyser is a sixteen year old high school student who was evaluated at the examiner’s

outpatient office on 8/1/15. Jamie Kyser was well groomed and well nourished and dressed

neatly during the interview. Kyser was oriented to time and place, and understood s/he was being

referred for evaluation of depressive symptoms.

Kyser reported that s/he generally had been a good student at Gower County High School.

An anonymous social network member posted a comment on the GCHS FriendBook page

suggesting that Kyser was using performance enhancing drugs to enhance her ability to play

basketball.

This rumor quickly spread around the school because, according to Kyser, most of her/his

classmates were members of FriendBook., and s/he began experiencing negative comments about

the rumor immediately after It was posted to the website. .

Kyser was asked to explain how all of this made him/her feel. Kyser stated that s/he had

withdrawn from all activities. S/he formally went and did things with friends at the mall, went

to the movies, and visited at other friends homes. Following the incident, other students no

longer wished to do anything with Kyser. In addition, Kyser learned that the parents of other

students no longer wished for Kyser to come to their homes, or to join the basketball team. As

a result, Kyser has essentially retreated into his/her bedroom and become antisocial. S/he has

difficulty sleeping, has suffered loss of appetite and has difficulty making it through the school

day. S/he no longer wishes to attend school, and has in fact asked his/her parents to move to

another city so that Kyser can attend another school.

PREVIOUS TREATMENT HISTORY:

When asked about previous treatment by mental health professionals, Kyser indicated

that s/he had no prior history. This visit was the first visit to any mental health professional.

PHYSICAL HISTORY:

Kyser reports that s/he is in good physical health. S/he appears to be of normal height

and weight for a teenager. Kyser admits, however, that s/he has suffered a weight loss of 10-15

pounds in the last few months, due to all of the activities surrounding the incident at school.

ASSESSMENT & RESULTS:

Jamie Kyser appears to be suffering from mild depression. The onset of the depression

appears to be an incident at school where other students made comments about Kyser. The effect

of these comments on Kyser, as well as knowledge that other students also heard or repeated

similar information, has caused Kyser to retreat from otherwise normal social activities for

Kyser’s age and social status. After reviewing all of the information, it is the examiners opinion

that the cause Jamie Kyser’s depression is the conduct and comments instigated by Hunter

Sullivan.

___________________________

TAYLOR WELCH, M.D.

Psychiatrist

GOWER COUNTY HIGH SCHOOL

SCHOOL CONDUCT POLICY

Gower County High School prepares students for success in college and the world. Much

of the success rest upon the students ability to accept responsibility for his or her own life, and

to meet the demands of an adult environment. As a result, the Gower County Board of Education

has instituted certain policies on conduct and discipline. These polices have been outlined below:

I. Maximum of (3) days out of school suspension.

1. No students shall engage in any active deception, falsification, plagiarism or

cheating.

2. No tobacco products, matches or lighters are permitted.

3. Use of prescription medication prescribed for another student.

4. The use of abuse, harassing, profane, obscene, threatening, disrespectful,

demeaning, degrading, or defamatory language or behavior.

II. Maximum of (5) out of school suspension.

1. Attending any school function under the use of alcohol.

2. Attending any school function under the use of intoxicants, such as glue, solvents

or other paraphernalia.

3. Attending any school function under the influence of illegal drugs.

III. Expulsion.

1. Violation of criminal statute or ordinance.

2. Pulling fire alarms or tampering with security system.

3. Theft of others property.

GOWER COUNTY SCHOOL BOARD ASSOCIATION FINAL DETERMINATION

BE IT RESOLVED that the Gower County School Board Association after having duly

considered all facts, evidence, and testimony in the matter of the suspension of HUNTER

SULLIVAN and after giving HUNTER SULLIVAN an opportunity to appear and defend

him/herself with counsel present, if applicable, has determined by a vote of three members to

two members that HUNTER SULLIVAN is to be suspended from Gower County High School

for a period of one day effective immediately for violation of the Gower County School Board

Association’s School Conduct Policy.

DONE this the 15th day of February, 2015.

______________________________

President

______________________________

Secretary

______________________________

Principal

DEPOSITION EXERPTS

May 8, 2015

Deposition of Cameron Fields

Holden v. Fields, No. 2:12-cv-8673209 (AKK)

Edmund Cole Cameron Fields

Plaintiff’s Counsel Deponent

Russell Knox Also Present

Defense Counsel Roland H. Gunner, Videographer

Mr. Cole: Usual stipulations?

Mr. Knox: Yeah yeah --- read and sign.

(The Deponent is Sworn)

Mr. Cole: Can you state your name for the record?

The Deponent: Cameron . . . Cameron Fields.

Q. Mr. Fields, my name is Edmund Cole and I represent Llewellen Holden. I’m here

to ask you some questions. have you ever taken a deposition?

A. No, sir.

Q. Let me tell you a little bit about what we will be doing today, then. I am going to

ask you some questions, and you are going to answer them. You just took an oath,

so it’s just like we are in trial, just like we are, like we are in front of the court ---

in front of the Judge. Sometimes I don’t ask the best questions, so if you don’t

understand what I’m asking, stop me and tell me that you don’t understand ok?

A. Ok

Q. This gentleman in the corner is writing down everything we say, so you have to

say ‘‘yes’’ or ‘‘no’’ when I ask you a question --- you can’t just nod your head.

Does that make sense?

A. (Deponent nods affirmatively)

Mr. Knox. You have to say yes or no.

The Deponent. Sorry sorry. Yes. I understand.

Q. Have you taken any drugs or medication that would make it unable for you to

answer my questions truthfully?

A. No, I don’t think so.

Q. Do you have a condition that would make it impossible for you to answer my

questions accurately?

A. Definitely that’s a no.

Q. Is there any reason whatsoever that you cannot, today, answer my questions

truthfully.

A. No.

. . . . . . . .

Q. Now you don’t dispute that you dealt drugs, correct?

Mr. Knox. Object to the form. You can answer.

A. I sold drugs.

Q. And you don’t dispute that you sold P.E.D.s correct?

Mr. Knox. Object to the form, asked and answered. Ed. We’ve ploughed this ground. I don’t

understand why we keep circling

(Cross talk)

Mr. Knox Don’t answer Cam.

Mr. Cole. Are you aware of Rule 30?

Mr. Knox Off the record

Mr. Cole No --- we are staying on. Are you acquainted with Rule 30?

Mr. Knox I’ve been doing this for 25 years Ed.

Mr. Cole No --- are you instructing your witness not to answer?

Mr. Knox I’m not a potted plant Ed.

Mr. Cole Are you instructing your witness not to answer?

(Cross Talk)

Mr. Cole I’m going to have to take this up.

Q. You did sell drugs, correct?

Mr. Knox Object to the form. Go ahead and answer.

A. Yes. I sold drugs.

Q. And do you remember who you sold these drugs to?

A. No, I don’t remember. I just sold a lot, but I couldn’t tell you who bought them.

Q. Let’s start with the abstract, then maybe get more detailed. Did you sell drugs to

members of the football team?

A. Yes.

Q. And how about the tennis team?

A. Definitely the tennis team.

Q. The basketball team?

A. Not so much the basketball team, they were pretty clean.

Q. Varsity bowling?

A. Absolutely.

Q. So would it be fair to say that you sold drugs to most every G.C.H.S. team but

the basketball team?

A. I guess it’d be fair to say that. It wasn’t like I didn’t ever sell to basketball players

. . . I might have sold to a few seniors here or there, the ones with nothing to

lose. But I remember that other teams were more interested in getting a boost.

. . . . . .

END OF DEPOSITION

CONTINENTAL CYBER-INVESTIGATION UNIT, LLC

Standard Social Media Transcript Report

SOURCE: www.friendbook.com/gchsgowarewolves/2340-^%1346()%%9

Ref. Date: 2/4/2015

BEGIN FORENSIC COPY (Text Only Version)

----------------------------------------

GOWER COUNTY HIGH SCHOOL

Official Page Go Werewolves!

Admin Post (10:25 a.m. / Headballcoach): Tonight at 6:30 the

men’s/women’s basketball team takes on the Mainsail Fighting

Donkeys! We need a packed out house, so make sure you arrive

early so that we can give them something to bray about!

(Tickets Available at the Door).

Comments (10:26 a.m. / Anton McCarthy): Wouldn’t miss it!

(10:28 a.m. / Anna Moss): How much are tickets again?

(10:30 a.m. / Headballcoach): $10 at the door. See you

there!

(10:41 a.m. / Taylor Adams): Wohoo!!! I love basketball!

(10:46 a.m. / Martha Kathryn): Gonna make ‘em say

BRAAAAAAY! Lolz. Go Wolves AWHOOOOOOOOOO!!!!

(10:47 a.m. / Anonymous): “Cat’s out of the bag! If

there was ever any doubt why Basketball Star Jamie Kyser

became an overnight basketball star, it will be gone soon –

I have definitive proof that s/he regularly dopes up. For

those of you who aren’t into the parlance of our times, that

means that s/he is a regular user of performance enhancing

drugs. S/he would fit right in with about half of the Russian

Olympic Team!”

(10:48 a.m. / Martha Kathryn): Dude. Totes not cool. What a

trog.

http://www.friendbook.com/gchsgowarewolves/2340-%5e%1346()%25%259

GCHS I.T. Dept. Library Computer Login Records for 2/1/2015 – 2/5/2016

Computer I.D. MAC133294

2/1/2015

PKSAMSOM – 9:06

JHLARSON – 10:56

AAGONZALEZ – 13:21

LPATTERSON – 14:45

PQDAVIS – 14:50

2/2/2015

DDMEYERS – 8:45

ARRUSSELL – 9:56

WZEVON – 12:01

HSULLIVAN – 14:01

2/3/2015

STADAMS – 9:50

RHMCGAUGHEY – 10:00

SWCARROLL – 13:06

AVOSS – 14:02

DRICHARDS – 14:45

KMICHAELS – 15:04

2/4/2015

MLHENDERSEN – 8:45

WWWEATHERFORD – 9:50

MKBECK – 10:06

STADAMS – 10:30

HSULLIVAN – 10:40

GFLAKE – 11:45

KTHOMPSON – 14:09

END OF CASE MATERIAL

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instances in the case material of he, him, etc.

can be used as she, her, etc. and vice versa.

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