Another former band member filed a lawsuit against the Board of Supervisors of Southern University in August accusing band officials of negligence surrounding accusations of hazing.
Jeremiah Henderson is seeking financial compensation for “pain and suffering, mental anguish, and distress” as well as the coverage of medical expenses and all other damages incurred from this hazing incident.
According to the complaint “Southern University committed non-exclusive acts of the negligence including, failing to ensure the safety of plaintiff while participating in the school’s band; failing to provide adequate faculty supervision; failing to thoroughly investigate prior incidents of hazing; and failing to intervene and prevent the acts of hazing that it was aware were occurring.”
Officially both cases are against the Southern Board of Supervisors. Lawrence Jackson, Nathan Haymer, and Julian Portis are also identified as defendants for their alleged roles in the matter of Henderson’s case.
”The Defendants admit that Portis was a member of the Southern University band, but specifically plead that he was not an employee nor was he engaged in any unpaid employment on behalf of Southern University. Further the Defendant denies that any of the alleged acts of Mr. Portis were taken for the benefit of Southern University,” according to answers and defenses submitted by the Board of Supervisors of Southern University. “Southern University took all reasonable steps to prohibit and prevent hazing, or physical or mental abuse of any kind in the Southern University Band.”
The complaint claims that on or about September 4, 2008 Portis called Henderson to his dorm room on campus under guise of conducting an additional practice session where Portis and other upper-class members of the tuba section allegedly committed various acts of physical and mental abuse including beating Henderson with a 2-by-4. All of this happened in the aftermath of Hurricane Gustav when dorms were out of electricity and air conditioning.
The complaint also claims ” The beating initially resulted in plaintiff [Henderson] incurring bruises and broken skin resulting in bleeding. Plaintiff was unable to obtain medical treatment until September 20, 2008, when he presented to West Feliciana Parish Hospital in St. Francisville, Louisiana,” and went on to further claim “Prior to receiving medical treatment plaintiff was forced to attend practice sessions and performances in pain and with his clothes saturated with blood caused by the broken skin and boils, including a lengthy bus trip.”
At the hospital Henderson was diagnosed with both streptococcus and staphylococcus infections and had numerous boils that required treatment with different antibiotics.
The complaint also made reference to occasions where Jackson and Haymer were present at practices where on more then one occasion the lights in the band room would be turned off and various upper-class members of various instrument sections would allegedly strike, throw objects, and torment the first year members of their respective sections.
“Defendants Jackson and Haymer were present in the room when this occurred, and though the lights were off both Jackson and Haymer were aware of the audible sounds of the physical and psychological abuse,” stated in the petition.
Henderson and Marcus Heath’s cases are two unrelated incidents involving hazing at Southern University.