HARRISBURG – One year after the death of a 12 year-old boy from an alleged long-standing pattern of child abuse, the wrongful death lawsuit surrounding the circumstances leading to that event has been discontinued by the plaintiff.
Sara Coon (as Administratrix of the Estate of Maxwell Schollenberger and in her own right) of Philadelphia first filed suit in the Lebanon County Court of Common Pleas on Aug. 25 versus Lebanon County, Erin M. Moyer, Kimberly Maurer and Scott Schollenberger Jr., all of Lebanon.)
(The case was later removed to the U.S. District Court for the Middle District of Pennsylvania on Sept. 28.)
Defendants Scott Schollenberger Jr. and Maurer (engaged to one another) are facing homicide, conspiracy and child endangerment charges for the death of Maxwell Schollenberger, who was found dead in at the couple’s home in Annville in May of last year.
Scott had legal custody of his son at the time of his death, and Lebanon County authorities contend that the boy suffered years of systematic abuse at the hands of his father and prospective stepmother.
Coon alleged in the lawsuit that her son was “subjected to dehydration and starvation” at the hands of his father and Maurer, a finding echoed by the Lebanon County Coroner, who deduced that dehydration, malnutrition and head trauma was the cause of Maxwell Schollenberger’s death.
The coroner added Maxwell weighed just 47 and a half pounds, only half the weight of a healthy 12-year-old boy.
The suit said Maxwell’s paternal grandmother, Lorie Schollenberger found evidence that Maurer was beating Maxwell during his toilet training in 2010, detailing that Maurer allegedly told Lorie that she was “correcting” Maxwell for defecating in his pants by striking him with a large metal serving spoon and isolating him.
In 2011, the suit added Lorie went to the home and found Maxwell standing facing a corner without any pants, and both his bare legs and buttocks were scored with cuts and abrasions.
When Lorie and the boy’s grandfather, Scott Schollenberger Sr., confronted their son and Maurer about the boy’s injuries, they were allegedly told “that this would be the last time they would see their grandson.”
According to Coon, Schollenberger and Maurer then moved to Lebanon, without telling the boy’s grandparents. Lorie called the county’s children’s services three times in 2015 to report possible child abuse, but the suit maintained that each time, she was denied learning further information.
Lebanon County law enforcement authorities claim that nothing was apparent to suggest that any abuse was happening and therefore, they had no reason to investigate. Police only began to investigate after Maurer shared news of Maxwell’s death with a neighbor.
Yet, Lebanon County’s District Attorney Piers Hess Graf shared that Maxwell was kept in a dark room with the door locked from the outside, did not receive medical care or an education.
Coon claimed that Lebanon County Children & Youth Services may have been able to save her son if it had investigated the child abuse reports made by Maxwell’s grandparents.
Lebanon County and Moyer filed a motion to dismiss on Oct. 19.
“Counts I, II, III and IV of plaintiff’s complaint should be dismissed against the County and Moyer for failure to state a plausible claim for relief. Assuming the factual allegations in plaintiff’s complaint are true, Counts I and II of plaintiff’s complaint should be dismissed wherein plaintiff failed to state a plausible claim that the decedent had a property right guaranteeing specific action under the due process clause,” per the dismissal motion.
“Counts I and II of plaintiff’s complaint should be dismissed wherein the County and Moyer did not deprive the decedent of life, liberty or property without due process of law; wherein the County and Moyer did not have an affirmative obligation to ensure that no harm came to the decedent through other means; wherein the Constitution is not violated if the state fails to act to protect one of its citizens; wherein the County and Moyer played no part in creating the dangers that caused the decedent’s death, nor did the County or Moyer do anything to render the decedent more vulnerable to them.”
The answering defendants added that Count I of plaintiff’s complaint should be dismissed wherein plaintiff has failed to state a plausible claim for municipal liability against the County under 42 U.S.C.A. Section 1983, when the County did not adopt a policy that caused a constitutional deprivation – and further, the plaintiff failed to plead with sufficient particularity the existence of a deficient custom recognized by the County, that caused a constitutional deprivation.
“Count II of plaintiff’s complaint should be dismissed wherein plaintiff has failed to state a plausible claim for supervisor liability against Moyer under 42 U.S.C.A. Section 1983 when Moyer did not participate in violating the decedent’s rights, did not direct others to violate decedent’s rights or had knowledge of an acquiesced to her subordinates alleged violations. Count II of plaintiff’s complaint should be dismissed wherein plaintiff has failed to state a plausible claim for supervisor liability against Moyer under Section 1983 when plaintiff failed to demonstrate a plausible nexus or affirmative link between the alleged directions and the specific deprivation of constitutional rights at issue,” the answer stated.
“Counts III and IV of plaintiff’s complaint should be dismissed where plaintiff failed to state a plausible claim for violations of the Constitution of the Commonwealth of Pennsylvania against the County (municipal liability) and Moyer (supervisor liability), respectively. Finally, Counts VIII and IX of plaintiff’s complaint should be dismissed where plaintiff has failed to state plausible claims for survival actions against the County and Moyer, respectively.”
UPDATE
Subsequent to the defendants’ dismissal motion, the plaintiff opted to voluntarily discontinue the case without prejudice on Nov. 10.
Dismissing one’s own case without prejudice means that the plaintiff can choose to re-file a complaint at a later date.
“Notice is hereby given that plaintiff Sara Coon, Administratrix of the Estate of Maxwell Schollenberger, and in her own right, voluntarily dismisses the above-entitled action without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rule of Civil Procedure ,and files notice of the same with the Clerk of the Court before service by the defendants County of Lebanon, and Erin M. Moyer, Scott Schollenberger, Jr. and Kimberly Maurer of an answer or a motion for summary judgment,” the accompanying notice said.
The plaintiff was represented by Joseph Auddino and Steven F. Marino of Marino Associates, in Philadelphia.
The defendants were represented by Andrew W. Norfleet and Frank J. Lavery Jr. of Lavery Law, in Harrisburg.
U.S. District Court for the Middle District of Pennsylvania case 1:21-cv-01674
Lebanon County Court of Common Pleas case 2021-01035
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com