Former Calhoun High School student files lawsuit in post-prom sexual battery case

Staff File Photo by Dan Henry / The Chattanooga Times Free PressAvery Johnson, Fields Chapman and Andrew Haynes, from left, converse during a break while in Gilmer County Superior Court Judge Amanda H. Mercier's courtroom on October 23, 2014. The three are defendants in a sexual battery case from a Calhoun High School's post prom party earlier this year. On July 7, a Gilmer County grand jury indicted 18-year-old Andrew Isaac Haynes on a count of sodomy, based on evidence that Haynes performed oral sex against the will of a female student during a post-prom party. The grand jury also indicted 18-year-olds Fields Benjamin Chapman and Damon Avery Johnson on other charges in the case.

A former Calhoun High School student has filed a civil lawsuit against her classmates, some parents and a neighborhood security team for an alleged sexual battery two years ago.

In May 2014, about 30 Calhoun High students filled a cabin in Gilmer County for a post-prom party. According to the lawsuit, students stockpiled alcohol and brought Ecstasy and rohypnol to the party.

One of the students later went to the hospital and told police that three high school athletes penetrated her against her will. In August 2014, a grand jury indicted Fields Benjamin Chapman, Damon "Avery" Johnson and Andrew Isaac Haynes each on two counts of aggravated sexual battery, five counts of aggravated battery, two counts of sexual battery and one count of public indecency.

The grand jury also indicted Johnson on one count of sodomy, and they indicted Chapman and Haynes on an additional charge of aggravated battery.

The criminal case is still pending. Defense Attorney Steve Williams, who represents Haynes, told the Times Free Press earlier this year that he has not heard anything from the prosecution since January 2015, when they told him they had 50,000 pages of evidence. Williams said he has not received any of that evidence.

According to the lawsuit, filed in Gilmer County Superior Court Tuesday, the parents of the student hosting the party knew teenagers would bring alcohol to the party. They put eight names on the gatehouse guest list, but the security team let those students "ferry" an additional 20 students in through their cars.

The lawsuit also alleges that Chapman, Johnson and Haynes coordinated to bring drugs and alcohol to the party. Chapman, who had been cited earlier that year for underage drinking, was supposed to be home by his midnight curfew that day.