Sanford Heisler Sharp McKnight Files Nine Additional Federal Tort Claims Act Administrative Complaints Against the Coast Guard on Behalf of Sexual Assault Survivors

By: Sanford Heisler Sharp LLP via GlobeNewswire

October 30, 2024 at 09:00 AM EDT

NEW LONDON, Conn., Oct. 30, 2024 (GLOBE NEWSWIRE) -- Attorneys at Sanford Heisler Sharp McKnight today filed nine separate Federal Tort Claims Act (“FTCA”) administrative complaints against the United States Coast Guard, bringing the total number of former Coast Guard Academy (“the Academy”) cadets represented by the firm to 22. The complaints name the Coast Guard; its parent agency, the Department of Homeland Security; and its former parent agency, the Department of Transportation, (collectively “the Coast Guard”).

These nine new filings follow the firm’s initial FTCA administrative complaints filed in September 2024, in what is believed to be the first known collective action by sexual violence survivors against a United States service academy.

The nine complaints filed today allege that the Coast Guard’s failure to implement adequate policies and practices allowed sexual violence to go unchecked at the Academy, resulting in the claimants’ harm. The complaints further allege that the Coast Guard condoned and actively concealed the rampant nature of sexual assault and harassment of Academy students, knowingly placing the claimants and other cadets in danger.

The claimants are represented in the matter by Christine Dunn and Carolin Guentert, Managing Partners of Sanford Heisler Sharp McKnight LLP’s Washington, DC and New York offices respectively and Co-Chairs of the Sexual Violence, Title IX and Victims’ Rights Practice Group, as well as Jillian Seymour, Associate. The claimants are also represented by J. Ryan Melogy of the New York law firm Maritime Legal Solutions, PLLC.

The nine new complaints come in the wake of increased scrutiny following CNN’s 2023 exposé of Operation Fouled Anchor (“OFA”), the Coast Guard’s internal investigation that uncovered over 100 incidents of sexual assault at the Academy between the 1980s and the early 2000s. The investigation concluded that sexual misconduct ran rampant and unchecked at the Academy, with Academy leaders and lawyers routinely mishandling and at times actively concealing incidents of sexual assaults. Perpetrators rarely faced significant punishment, if they were investigated at all, and many continued to ascend the Coast Guard ranks into high-ranking positions.

After concluding the OFA investigation, the Coast Guard orchestrated a systematic effort to keep the investigation’s findings concealed from Congress and the public for years. In August 2024, a Senate subcommittee investigation found the Coast Guard enabled “systemic sexual assault and harassment, including a culture of silencing, retaliation, and failed accountability.”

The complaints detail the sexual violence endured by the nine claimants during their time as cadets at the Academy. Several claimants were sexually assaulted in their dorm rooms by classmates who entered their living spaces without permission, enabled by an Academy policy that prevented cadets from locking their doors. Several claim that because of this policy and other negligent actions taken by the Coast Guard, they were sexually assaulted in their sleep, awakening to their assailant sexually abusing them. One claimant was so scared of being sexually assaulted in her sleep that she began sleeping in a sleeping bag that was tightly cinched shut to protect herself. Additionally, many of the new claimants were assaulted by individuals in positions of authority within the Academy—positions ranging from the president of an Academy club to a company commander.

The complaints also detail the Coast Guard’s negligent response to the claimants’ sexual assaults. One claimant was told that though there was enough evidence to court martial their assailant, the Academy opted to merely dismiss the assailant from the Academy, shielding him from any criminal charges. Others were warned by older cadets that sexual assault reports were never taken seriously, and that accusers often got friends to cover for them if an investigation was opened.

“The twenty-two Coast Guard Academy sexual assault survivors we represent are just the tip of the iceberg. For decades survivors have been systematically denied justice. Now these survivors are banding together, demanding accountability and making clear that they will no longer be ignored,” said Dunn.

“The Coast Guard has run the same playbook for decades: delay, deny, and wait for survivors to give up. But these brave individuals have found their collective voice, and they're demanding real accountability. The old playbook of stonewalling and silencing won't work against clients this determined to see real change," said Melogy.

The claimants seek to hold the Coast Guard accountable through the FTCA, a federal statute that permits individuals to bring legal claims against federal agencies for torts committed by their employees. Prior to filing an FTCA complaint in court, an individual must first file an administrative complaint with the agency at fault. The agency then has six months to investigate the claim. After that, the individual may file a lawsuit in federal court against the agency.

About Sanford Heisler Sharp McKnight, LLP
Sanford Heisler Sharp McKnight, LLP is a national public interest class-action litigation law firm with offices in New York, Washington, D.C., San Francisco, Palo Alto, San Diego, and Nashville. Sanford Heisler Sharp focuses on employment discrimination, Title IX, wage and hour, whistleblower, criminal/sexual violence, and financial services matters. The firm has recovered over $1 billion for its clients through many verdicts and settlements. The National Law Journal recognized Sanford Heisler Sharp as 2021 Employment Rights Firm of the Year and 2021 Human Rights Firm of the Year.

For the latest news about Sanford Heisler Sharp McKnight, visit the firm’s newsroom or follow the firm on Facebook, LinkedIn, or Twitter.

If you experienced sexual abuse and are seeking counsel, please call 202-221-3152 or email cdunn@sanfordheisler.com. Attorneys at Sanford Heisler Sharp McKnight would like to have the opportunity to help you.

About Maritime Legal Solutions, PLLC

Maritime Legal Solutions, PLLC is a maritime and military justice law firm focused on the representation of victims of sexual abuse. If you need help reporting abuse and obtaining justice, please contact Ryan Melogy by emailing help@JusticeForMariners.com, texting 347-562-9119, or visiting www.JusticeForMariners.com for a complimentary consultation.

For more information, contact Jamie Moss, newsPRos, at 201-788-0142 or Jamie@newspros.com.