Mistrial in Lisbon school district negligence case over bullying

CEDAR RAPIDS - A civil case ended in a mistrial Tuesday after the former Lisbon Community School District student who is suing the district for negligence after he was physically and sexually assaulted by other students in 2011 talked to one of the jurors during a court break.

The former student, Donald Santee IV, now 18, spoke to a Linn County juror during the noon recess Tuesday, according to the order filed by 6th Judicial District Judge Chad Kepros. The juror didn't speak with Santee and reported the incident to the court attendant.

Terry Abernathy, attorney for the Lisbon district, asked the court for a mistrial, which Kepros then granted.

The trial started Monday and several witnesses had already testified before the mistrial occurred.

Tim Semelroth, attorney for Santee and his parents in the suit, said Wednesday a litigant shouldn't approach a juror but his client is a teenager and he 'clearly” made a mistake.

'He admitted his mistake to the judge immediately and he deeply regrets the inconvenience it caused to both the judge and jury,” Semelroth added.

Santee and his parents, Crystal Santee and Donald Santee III, filed the lawsuit in 2013, claiming the school district was negligent in its supervision of students, creating an environment of harassment and bullying, and further alleging that the district failed to take steps to improve the environment and protect Santee. The suit contends his parents had no choice but to transfer him out of the district.

Santee was physically assaulted, restrained and sexually assaulted by two or more students in the school's wrestling room and locker room in November 2011 and again in December 2011, according to the lawsuit.

He also claimed two or more students threatened him in the locker room in November 2011, warning him not to tell anybody about the assaults.

The district disciplined the students involved in the incidents after December 19, 2011 but failed to expel those students, the suit contends.

According to criminal complaints filed in 2012, one former Lisbon High School wrestler, Dakota VanDyke, then 18, was charged with misdemeanor assault for urinating on a 15-year-old teammate in 2011. He entered an Alford plea and received a deferred judgment.

There also were two juveniles charged for holding down the 15-year-old and placing their exposed genitalia on his face in the wrestling room, according to criminal complaints. And another charge against another 18-year-old was dismissed in the case.

A new trial date in the district lawsuit hasn't been set at this time.