Jun 02, 2026
Former custodian sues school district, alleges rape at Ben Davis High School INDIANAPOLIS (WISH) — An Indianapolis woman has filed a lawsuit against the Metropolitan School District of Wayne Township, claiming the district took no action when she reported being sexually assaulted multiple time s by another custodian. The lawsuit filed Wednesday in Marion County court accuses Wayne Township and Ben Davis High School of negligent hiring, supervision, and retention practices. The attorney representing the woman, Greggory Laker, says the woman was 18-years-old. According to the lawsuit, the incidents started in April 2024, when the male custodian started seeking her out, starting conversations and trying to hug her, eventually escalating into physical contact. She says the male custodian’s actions made her uncomfortable, but when she reported it to the head custodian, she was told to “leave it alone” as she had no evidence to support her claim. In May 2024, the woman reported the male custodian had inappropriately touched her to her direct supervisor, hoping the custodian would be removed from her area of the school. The lawsuit says her supervisor said, “she would speak with the head custodian, as she could not enforce anything without speaking to her first.” No changes reportedly came from either complaint. In June 2024, the lawsuit says, the woman had been reassigned to work in the same area and same shift as the male custodian. The first sexual assault occurred during one of these shifts, the lawsuit claims. The woman’s attorneys say she contacted police after the first attack, and the dispatcher — who spoke fluent Spanish and could clearly communicate with her — then contacted a school security officer. While she was waiting for the security officer, the man and another cleaner, also a male, followed her into a classroom. She says the men mocked her and told the school security officer and police dispatcher that the incident was “merely a prank.” The head custodian arrived sometime after, telling the school officer that “everything was fine” and “she would take care of it.” “Despite (the woman’s) obvious distress and disheveled appearance, (the head custodian) did not ask police to conduct an investigation,” the lawsuit says. “No ambulance was called. (The head custodian) did not take (the woman) to the emergency room for an examination, nor did she arrange anyone else to take her.” After the woman asked to go home, the complaint says, “(the head custodian) refused and instructed her to finish the remaining six hours of her shift, warning her she would be terminated if she left the school before then.” The victim’s attorney claims there is surveillance footage but says the school never reviewed it.“Here’s this young woman who calls her supervisor to a meeting. Calls the police and reports the rape and claims she was literarily carried out over the shoulder of her rapist and they don’t bother to check the video to see if its true,” said Attorney Laker. The lawsuit says the victim was then forced to work alongside her rapist. At least six more sexual assaults happened in the following months, including one in which the woman says she believed she had been drugged by the custodian before the attack. The woman did not report this attack, the lawsuit noting she “determined there would be no purpose served in reporting the rape to the school.” The school did not fire the male custodian until the fall of 2025, when the woman showed video of the custodian groping her while at work to the assistant principal. Laker says the victim was silenced for years and is now seeking justice. He hopes her story will encourage others to come forward and speak. “People will listen. You just need to continue making those complaints and keep speaking out and ultimately she got someone who would listen and was willing to help her,” said Laker. He also acknowledges Firefly Children Family Alliance for their support in helping the woman come forward and giving her resources. The lawsuit concluded with a demand for a jury trial, asking the court to enter judgment against the defendants “in an amount to be proven at trial, including compensatory damages, general and special damages, and punitive damages.” Help is available for victims of domestic violence, child abuse, and sexual assault. Below is a list of suggested resources, both national and local: National Domestic Violence Hotline: 800-799-7233 or text START to 88788 National Domestic Violence Hotline en español: 800-799-7233 o texto “START” al 88788 Indiana Coalition Against Domestic Violence: 24-hour hotline available at 800-332-7385 Indiana Coalition to End Sexual Assault and Human Trafficking National Center for Missing Exploited Children Firefly Children Family Alliance La Plaza Indy The Julian Center Indiana Child Abuse Hotline: 800-800-5556 National Sexual Assault Hotline: 800-656-4673 ...read more read less
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