Date: 10-11-2024

Case Style:

Anthony Gunn v. Cornell Abraxas Group, LLC

Case Number: 2:23-CV-1437

Judge: Chirsty Criswell Weigand

Court: United States District Court for the Western District of Pennsylania (Allegheny County)

Plaintiff's Attorney:

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Defendant's Attorney: G. Michael Garcia, II

Description:

Pittsburgh, Pennsylvania civil rights lawyer represented the Plaintiff.

Around December 12, 2008, when he was 14 years old, Mr. Gunn was adjudicated
delinquent by the Court of Common Pleas of Erie County and committed to Abraxas South
Mountain. ECF No. 17 ¶ 26. He remained there for slightly less than four months, until April 1,
2009, during which time he turned 15. Id. ¶¶ 26–27. While at Abraxas South Mountain, Mr. Gunn
was “repeatedly sexually abused.” Id. ¶ 27. On one occasion, he was called to the infirmary for a
physical examination. Id. ¶ 28. An unnamed nurse began to examine Mr. Gunn, informing him
that she needed to examine him “for STDs and to see if he had a drip from his penis,” and then she
put her hands on his penis, “gave him an erection, and masturbated him to completion.” Id. Mr.
Gunn alleges that “[w]hile at Abraxas, he had heard other male students claim that the same thing
had happened to them by the same nurse.” Id. ¶ 30. Mr. Gunn also contends that he “was sexually
assaulted by a staff member and agent of Abraxas named Ms. Finkenbinder” at least three times,
including being “kissed intimately” by her, having her put her hands down his pants and grab his
genitals, and “forc[ing] [him] to have sex with her.” Id. ¶¶ 31–35. Mr. Gunn alleges that Ms.
Finkenbinder “would groom Plaintiff by doing small favors for him,” including “if he ran out of
books, she would get a book from the library for him.” Id. ¶ 34. She would also assign him to do
chores and tasks that were under her supervision. Id. Further, he asserts that Ms. Finkenbinder
told him, “I respect how you can keep a secret,” and that she said her kissing him “was for him
keeping her prior kiss a secret.” Id. ¶¶ 32, 33.

As a result of the alleged abuse, Mr. Gunn asserts that he suffers from life-long mental
health issues, an inability to earn a living and be a productive member of society, and continued
involvement in the criminal justice system. Id. ¶¶ 54–62. He seeks money damages on all of his
claims, among other relief.

Defendants now move to dismiss the federal and state claims on various grounds and move
to strike certain allegations in the Amended Complaint.

Outcome: 10/11/2024 40 NOTICE of Voluntary Dismissal (Without Prejudice) by ANTHONY GUNN (Ellenberger, Lynn) (Entered: 10/11/2024)
10/11/2024 41 ORDER that, in light of 40 Notice of Voluntary Dismissal filed by Plaintiff ANTHONY GUNN, IT IS HEREBY ORDERED THAT this case is dismissed without prejudice. Signed by Judge Christy Criswell Wiegand on 10/11/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw) (Entered: 10/11/2024)

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