By Bruno Matarazzo Jr.
KENT — A judge has given the green light to part of a class-action lawsuit accusing Kent School of failing to protect students’ private photos and files from a now former IT employee accused of snooping through their devices for years.
In a ruling issued Monday, Judge Daniel Klau allowed former students to pursue a limited class action against the boarding school over claims it failed to safeguard personal data that was allegedly accessed by Daniel Clery.
All current or former Kent School students whose personal electronic files were accessed by Clery without their knowledge or consent between 2016 and 2023 are eligible to join the lawsuit, according to the decision.
“The Court’s decision allowing this action to move forward on a class basis will ensure that every student who had their private and sensitive photos and information stolen by Daniel Clery will be able to seek accountability from Kent School for its negligence and recklessness in allowing Clery to operate with little to no supervision and with inadequate computer safety protocols for almost a decade,” said Jennifer Sclar, an attorney at Silver Golub & Teitell.
Sclar and Attorney Joel Faxon, of Faxon Law Group, argued in support of their motion for class action against Kent School last November.
Clery, 49, of Brookfield, was arrested by state police in 2024 and charged with two counts of first-degree computer crimes. Clery pleaded not guilty and is free on $25,000 bond.
Clery is accused of unlawfully accessing students’ private photos and files stored on school computers over many years leading up to 2023.
A forensic report commissioned by the private school found that Clery viewed and copied images from student Google accounts, mostly targeting female students, and may have done so for sexual pleasure, according to an attorney for the now former students and staff.
The school’s investigation of the situation found Clery “had been accessing and transferring computer contents of at least 11 female staff members,” as well as 70 current and former students, at least 68 of them female, “over a period of years,” according to the lawsuit.
In a series of lawsuits, former students and staff accused Kent School of negligence, recklessness and violating the Connecticut Unfair Trade Practices Act, along with other claims including invasion of privacy and emotional distress.
Judge Klau ruled the case can move forward as a class action only on key liability issues, including whether Kent School had a duty to protect students’ data and whether it failed to maintain proper security safeguards or supervise Clery.
The judge rejected class treatment for several other claims, including invasion of privacy and emotional distress, saying those issues were too individualized to handle as a single class action.
