On
Oct. 7, 2004, just days before her 17th birthday, Karlye Anne Newman
slipped into a bathroom at Spring Creek Lodge Academy—a behavior
modification boarding school outside Thompson Falls—and hanged
herself in a stall with her sweatshirt.
The Sanders County Sheriff’s Department
investigated Newman’s death, found no signs of foul play, and ruled
it a suicide.
The Montana Department of Public Health and
Human Services (DPHHS) also investigated Newman’s death. As a result
of that investigation, a Montana PBS documentary recently revealed,
DPHHS filed a child abuse and neglect complaint against
Cameron and Chaffin Pullan, the twin brothers who own and operate
Spring Creek Lodge. The case was ultimately dismissed, and due to a
state law designed to protect juvenile victims of abuse, it remains
sealed from public scrutiny. As a result, few details about DPHHS’
investigation or the facts surrounding Newman’s death have been
revealed to the public.
Some of those facts may soon surface in
court now that Karlye’s mother, Judith Newman, has filed a lawsuit
against Spring Creek Lodge and the Pullans. Filed Nov. 6, the
complaint alleges wrongful death, negligence, breach of contract and
fraud on behalf of the school and its directors. It’s the third in a
string of lawsuits filed this year naming Spring Creek Lodge as a
defendant.
In March, former Spring Creek Lodge student
Jonathan Herrick filed a lawsuit in Sanders County District Court
alleging negligence and breach of contract by Spring Creek Lodge.
Herrick’s suit claims Spring Creek’s inadequate staffing and
oversight policies led to repeated physical and psychological
assaults against him during the time he was a student there. The
five-page complaint doesn’t detail the alleged abuses, other than to
say that Herrick “suffered serious physical, mental and emotional
injuries” while at Spring Creek. Polson attorney James Manley, lead
counsel on both the Herrick and Newman lawsuits, declined to comment
specifically on either case.
Additionally, in October Spring Creek was
added to a long list of defendants in a lawsuit filed in federal
district court in Utah. That suit alleges negligence, fraud, breach
of contract, battery, assault, false imprisonment and racketeering
violations—among others—on behalf of the World Wide Association of
Specialty Programs and Schools (widely known as WWASPS) and its
associated programs, which until June included Spring Creek Lodge.
The 36-page complaint currently lists 27 plaintiffs, though Dallas,
Texas attorney Windle Turley said he expects to add “many more” to
the suit in the coming months. Turley said he couldn’t comment on
which of the complaint’s allegations pertain specifically to Spring
Creek Lodge.
At press time the two Montana lawsuits had
not yet been served. Spring Creek Program Director Mike Chism said
Nov. 20 that Spring Creek officials weren’t aware of them and thus
declined to comment. As for the Utah suit, Chism said, three
plaintiffs are former Spring Creek students, though he declined to
identify which three. He also said the three students had been
enrolled in other WWASPS programs either prior to, or after leaving,
Spring Creek.
“The lawsuit is really vague,” Chism said,
noting that the complaint doesn’t specify whether any of the alleged
crimes were supposed to have occurred at Spring Creek.
The Newman lawsuit, however, is more
specific, and mirrors many of the allegations DPHHS initially made
against the Pullans, as reported by Montana PBS.
According to the Newman lawsuit, Spring
Creek’s program “was not designed or operated to provide quality or
even adequate care” and the defendants “planned and operated Spring
Creek Lodge Academy in such a manner that physical, educational,
mental or emotional harm was consistently and foreseeably caused to
the children at Spring Creek, including Karlye Newman.”
Karlye’s mother alleges that Spring Creek
staff concealed the fact that Karlye was not progressing well in the
program and that she had deteriorated physically, mentally and
emotionally in the months she was enrolled at Spring Creek. Judith
claims her daughter expressed “self loathing, hatred of her life
there, depression and despair,” and that Karlye made repeated
statements that she was going to kill herself, but that those
statements were ignored by Spring Creek staff.
According to the Montana PBS documentary
“Who’s Watching the Kids,” (which can be viewed online at http://www.montanapbs.org/WhosWatchingTheKids),
DPHHS charged that Cameron and Chaffin Pullan, as officials of the
school, neglected Karlye when she became suicidal by not providing
her adequate therapy. “Who’s Watching the Kids?” also reported that
DPHHS alleged that Spring Creek employees placed Karlye in solitary
confinement for periods of hours, sometimes days, “damaging her
mentally.” Finally, according to the documentary, the department
alleged that Spring Creek’s method for keeping track of students was
inadequate in that it left Karlye alone long enough to commit
suicide.
A DPHHS hearings examiner initially
dismissed the department’s complaint on the basis that 1) DPPHS
lacked the legal authority to regulate the school; for that reason,
the department can’t declare Spring Creek’s rules and regulations
inadequate, and 2) the examiner didn’t believe DPHHS could prove its
allegations of abuse and neglect. A district court judge upheld the
hearings examiner’s ruling, and DPHHS appealed to the Montana
Supreme Court before ultimately withdrawing the administrative
charges.
In a statement issued by the school
following Karlye Newman’s death, Spring Creek officials claimed that
“SCLA [Spring Creek Lodge Academy] was acutely aware of the girl’s
fragility and had placed her on ‘high risk’ observation. After
showing signs of improvement, the 16-year-old student was recently
removed from high risk after consultation with the student’s
counselor, the assistant clinical director and four staff members
who had worked closely with her.”
But Judith Newman claims the staff never
sought or conducted a competent suicide evaluation for Karlye and
then failed to take appropriate steps to monitor, supervise and
protect the teen.
According to the complaint, Karlye was
missing for more than an hour before she was discovered hanging in
the bathroom.
“Defendants made no attempt to look for her,
or otherwise protect her,” the complaint states. “When a staff
member found Karlye hanging, the untrained and unqualified staff
member ran out in panic. Defendants failed to provide immediate and
necessary aid which might have saved Karlye’s life.”
Manley said he expects the Herrick and
Newman lawsuits to go to trial sometime next year. Turley says it
could be years before the Utah lawsuit goes to a jury trial.
jadams@missoulanews.com