MARION, Iowa (KCRG-TV9) -- A sixth lawsuit has been filed against the Marion Independent School District and kindergarten teacher Diane Graham over sexual abuse at Starry Elementary at the hands of a then 15-year-old in classroom volunteer. The lawsuit was filed on February 6.
The lawsuit says the victim in this case "was subjected to repeat and ongoing sexual acts, abuse and molestation" by the volunteer between August 2016 and October 2016 and that the parents of the victim were not informed of the abuse in a timely manner, claiming they did not learn of the abuse until approximately November 2016.
Court documents also allege the volunteer had told two Marion High School teachers on at least three separate occasions, "he was having erections in his class that immediately followed his time serving as a daily volunteer in Graham's kindergarten classroom." It goes on to say, "Each of these three incidents were reported by a teacher to Marion High School Principal Greg Semler. However, no action was taken and the Volunteer was allowed to continue serving as a Classroom Helper volunteer in Graham's kindergarten classroom."
The teacher of the kindergarten class, Diane Graham, was found not guilty of failure to report by a jury in Tama County in January.
During her trial, police investigator Andrea Wilson testified police only learned about the abuse allegations after being contacted by the principal of Marion High School.
I9 reached out to both Marion Schools Superintendent Chris Dyer and the attorney representing the family who filed the suit. Dyer told I9 the district does not comment on pending litigation. The attorney for the family said his clients do not want him to issue a statement at this time.
Logan McMurrin, 16, was convicted of sexually abusing three kindergarten students at Starry Elementary during the 2016-2017 school year. A judge sentenced McMurrin to the state training school in Eldora back in May 2017.
The district has already paid out $2.7 million to four other families after they filed lawsuits and settled.
A fifth lawsuit against the district filed in August still remains unresolved. That lawsuit claims in 2015, the volunteer, who at that time worked in the classroom of Sara Sievers, had molested another student.