Sexual Police Texts To Female South Allegheny Student Alleged

Ex-High School Senior, Now In College, Sues Liberty Officers

Posted June 13, 2008 www.thepittsburghchannel.com

PITTSBURGH -- The lawsuit by a former South Allegheny High School student depicts a nightmare of a school year in which she allegedly was bombarded by unwanted sexual and romantic text messages by two police officers.

Kellie Kucera, of Port Vue, claims in her lawsuit that Liberty officers Nick Caito and Jay Legin -- who provided security at the school -- sent her texts from February 2007 until April 2007, often late at night. Caito gave the 17-year-old Kucera a flower for Valentine's Day in 2007 and subsequently texted her several times, according to the lawsuit.

One of the texts mentioned that the sender couldn't sign a name with the message because of "work reasons," the suit said.

Other text messages entered as evidence in the lawsuit allegedly urged the girl to have sex with the officers and explicitly described act-by-act details of their sexual fantasies about her.

"He (Caito) played the role of boyfriend with Kucera -- a role which deeply impacted Kucera's mood, her ability to study, her ability to sleep and her ability to concentrate," according to the lawsuit.

Later, Kucera -- who had turned 18 by this time -- began receiving sexually explicit messages from Legin, offering to give her oral sex, the lawsuit says.

Caito was 27 and Legin was 31 when the texts were allegedly sent. The lawsuit claims Kucera was troubled by "the disparity between their age; Caito's position of power over Kucera and Caito's reputed sexual experience."

After Kucera's parents complained to South Allegheny School District Superintendent Dr. Elaine Brown in April 2007, Brown referred them to Liberty police Chief Luke Riley, according to the lawsuit. Kucera, who graduated last year and now attends college, claims no action was taken on the family's complaints. "She's now in college, but she still has nightmares about these kinds of things," said Kucera's attorney, Sam Cordes. "A lot of these messages were sent to her in the middle of the night."

Riley is also the South Allegheny school board president. He's named as a defendant in the lawsuit with Caito and Legin, as well as the school district.

Riley, who denied the fact that no action was taken, told WTAE Channel 4 Action News that he fulfilled his obligations when he was notified.

"If he took action, it wasn't really apparent to us, because these police officers were in the school in the same place the next week," said Cordes.

He also acknowledged the two officers still work part time for Liberty Borough police. On occasion, they are still assigned to security details at the school.

The attorney for the school district and Liberty Borough was not available for comment.