DECATUR, Texas, April 02, 2025 (GLOBE NEWSWIRE) -- Attorneys at Sanford Heisler Sharp McKnight filed a request that the federal government reconsider its denial of a Federal Tort Claims Act administrative complaint against the United States Marine Corps and its parent agencies, the United States Department of the Navy and the Department of Defense (collectively “the Marines”) on behalf of Jane Doe, a teenaged recruit who was sexually abused by Marine recruiter Christopher Champagne.
Jane Doe is represented in the matter by Christine Dunn, DC Co-Managing Partner and Co-Chair of the Sexual Violence, Title IX and Victims’ Rights practice group, and Dacey Romberg, Associate at Sanford Heisler Sharp McKnight.
Sanford Heisler filed a request that the government reconsider its recently issued determination that the government is not at fault and that Jane Doe cannot recover under the FTCA or a similar law, the Military Claims Act. In the denial, the government stated that the “intentional act exception” to the FTCA shields it from liability.
The FTCA bars recovery for the intentional acts committed by a government employee. However, the request for reconsideration highlights that the complaint is not based on Champagne’s intentional acts, nor the government’s negligent hiring of Champagne. Instead, the complaint focuses on premises liability, arguing that the Marines failed to maintain safe premises at Marine facilities by allowing Champagne to serve as a recruiter and, therefore, failed to protect Jane Doe from harm. Claims based on premises liability are not subject to any FTCA exceptions. The motion for reconsideration outlines cases around the country that recognize premises liability. Sanford Heisler believes the government failed to assess Jane Doe’s complaint on the basis of premises liability and should therefore reconsider the denial.
“The Marines are attempting to skirt their responsibility to my client by focusing on technicalities in the Federal Tort Claims Act. The bottom line is that the Marines acted negligently in allowing this dangerous individual to oversee young recruits on their premises. The Marines should be held accountable for putting my client in danger,” says Dunn.
The Federal Torts Claims Act is 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, the individual must first file an administrative complaint with the agency at fault. The agency then has six months to investigate the claim. During that time, the agency can choose to engage in settlement discussions or deny the claim. If the claim is denied, the individual may file a lawsuit against the agency in federal court. Before filing a lawsuit, the individual can file a motion for reconsideration, which prompts the agency to consider any supplemental information provided by the individual. The agency can then deny the claim once more or overturn its decision.
Jane Doe’s complaint alleged that in September 2022, at the age of 17, she signed on to be a Marine Poolee, a program where she agreed to join the Marines but deferred basic training until after she finished high school. As part of the Poolee program, she attended various training exercises at the Marine Recruiting Station in Decatur, Texas, throughout the fall of 2022 and spring of 2023. Gunnery Sergeant Christopher Champagne was the Marine Recruiter assigned to oversee Jane Doe’s Poolee program. The complaint alleges that Champagne regularly pulled Jane Doe into his office at the recruiting station, closed the door, and sexually harassed her by engaging in inappropriate conversations and attempting to kiss her.
The complaint further alleges that as Champagne’s obsession with Jane Doe grew, he coerced her into a sexual relationship, despite the fact that she was a minor and almost twenty years younger. As alleged in the complaint, the conduct escalated and Champagne sexually assaulted Jane Doe on one occasion and began stalking her. Jane Doe and her family were so frightened by Champagne’s conduct that they reported him to the Marines and sought a protection order. Undeterred, Champagne continued to contact Jane Doe, going so far as to write a tell-all book about his sexual relationship with Jane Doe that he posted on the internet.
The complaint alleges that the Marines failed to adequately enforce the protection order. In addition, the complaint alleges that the Marines were aware that Champagne was a danger because his wife had previously reported that Champagne sexually assaulted her. Despite being on notice that Champagne posed a danger, the Marines allowed him to serve as a recruiter in charge of teenaged recruits. The administrative complaint further alleges that the Marines are liable under the FTCA because they breached their duty to keep the recruiting station safe for recruits.
“We believe the government is wrong in its conclusion that the Marines had no duty to keep their recruiting facilities and the recruits who attend recruiting events safe from known threats such as Gunnery Sergeant Christopher Champagne,” said Romberg.
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., Palo Alto, San Diego, and Nashville. Sanford Heisler Sharp McKnight 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 McKnight as 2021 Employment Rights Firm of the Year and 2021 Human Rights Firm of the Year.
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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.
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