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New Child Sex Abuse Lawsuit Filed Against Priest Who Worked Here |
Sunday, Sept. 4 http://snapmidwest.org/htm/Fr.Duck.htm STATE OF MISSOURI JOHN DOE SG1, ) Plaintiff, ) vs. ) Case No. __________________________ ) FATHER DONALD STRAUB, ) ROMAN CATHOLIC ARCHDIOCESE OF ) PETITION ST. LOUIS, an unincorporated association, ) ARCHBISHOP RAYMOND BURKE, of the ) JURY TRIAL DEMANDED Archdiocese of St. Louis, Missouri ) ) SERVE: ) ) Father Donald Straub, ) 943 Briarton Drive ) St. Louis, MO 63126-1101 ) ) Roman Catholic Archdiocese of St. Louis ) 4445 Lindell Blvd. ) St. Louis, MO 63108-2333 ) ) Archbishop Raymond Burke of the ) Archdiocese of St. Louis ) 4445 Lindell Blvd. ) St. Louis, MO 63108-2333 ) ) Defendants. )
PLAINTIFF’S PETITION FOR DAMAGES
COMES NOW Plaintiff, John Doe SG1, and for his causes of action against Defendants alleges as follows:
NATURE OF PETITION I. Defendants have knowingly covered up and concealed the sexual abuse of their minor parishioners by their employee, Defendant Father Straub. This cover-up has allowed Defendant Straub to access and sexually abuse numerous children, including Plaintiff John Doe SG1. Plaintiff brings this lawsuit in order to hold the Defendants responsible for the injuries they have caused and to protect other children from the pain of childhood sexual abuse. JURISDICTION AND VENUE II. Plaintiff resides in the State of Missouri. Plaintiff John Doe SG1. is the abused. III. This Court has jurisdiction over the causes of action asserted herein and over the parties to this action. Plaintiff asserts claims under Missouri common law. This Court has jurisdiction because Defendants Archdiocese and Archbishop, including but not limited to, owned and operated Parish St. George; is licensed to do business or transact business in Missouri; and has obtained the benefits of the laws of the State of Missouri and the benefits of the Missouri location of St. George. Finally, much of the sexual molestation described herein occurred in the State of Missouri. IV. Venue is proper in St. Louis City under R.S. Mo. § 508.010 (2002), inasmuch as this is the location of Defendant Archdiocese’s principal place of business, and at least some of the child sexual molestation alleged herein occurred in St. Louis City. V. Plaintiff John Doe SG1 is an adult man and a resident of the State of Missouri. Plaintiff was a minor at the time of the sexual abuse alleged herein. VI. At all times material, Defendant Archdiocese of St. Louis (hereinafter “Archdiocese”) was and continues to be an unincorporated association doing business in Missouri with its principal place of business located at 4445 Lindell Blvd., St. Louis, Missouri 63108-2333. VII. Defendant Archbishop Raymond Burke (hereinafter “Archbishop”) is a citizen of the state of Missouri and is the Archbishop of the Roman Catholic Archdiocese of St. Louis, in Missouri. The principal place of business of the Archdiocese is located at 4445 Lindell Boulevard, St. Louis Missouri. Defendant Archbishop Burke is sued herein solely in his capacity as Archbishop of the Archdiocese. Upon information and belief, Defendant Archdiocese was formed in 1874 out of the Archdiocese of St. Louis; Defendant Archdiocese has approximately 700 priests working for it; and Defendant Archdiocese has approximately 550,000 Catholic members. Defendant Father Donald Straub was a Roman Catholic Priest at St. George in Gardenville, Missouri, during the abuse alleged herein. Upon information and belief, Defendant Straub is now at 943 Briarton Drive, St. Louis, MO 63126-1101. At all times material hereto, Donald Straub was under the direct supervision, employ and control of the archdiocese and its representative, the Archbishop. All acts of sexual abuse alleged herein took place during functions in which Defendant Straub had custody or control of Plaintiff in his roles as a priest and authority figure. Plaintiff was a parishioner and student at St. George’s at all times relevant. Defendant Straub performed much of his work on the premises owned by Defendant Archdiocese. Defendant Archdiocese furnished tools and materials to aid and abet Defendant’s conduct as alleged hereinafter. At all times relevant, St. George was under the direct supervision, employ and control of the Archdiocese and Archbishop. Defendant Straub’s conduct as alleged herein was undertaken while in the course and scope of his employment with the Defendants Archdiocese and Archbishop. During Defendant Straub’s tenure as a priest, Defendants Archdiocese and its representative, the Archbishop, transferred Straub to several parishes. The parishes include St. George’s Church in Gardenville, Mo., Our Lady Queen of Peace Church in House Springs, Mo., St. Charles Borromeo in St. Charles, Mo., and the Cathedral of the Sacred Heart in Dodge City, Kan. The Cathedral of the Sacred Heart is part of the Diocese of Dodge City. Venue is proper in the Circuit Court of the City of St. Louis , Missouri under R. S. Mo. § 508.010 (2002), inasmuch as this is the location of Defendant Archdiocese’s principal place of business. BACKGROUND FACTS APPLICABLE TO ALL COUNTS Plaintiff was raised in a devoutly Roman Catholic family. He was baptized, regularly celebrated weekly mass and received the sacraments through the Roman Catholic Church. Plaintiff, therefore, developed great admiration, trust, reverence and respect for the Roman Catholic Church and its agents. As a result of representations made by Defendants Archdiocese, Archbishop, and Straub (collectively “Defendants”) and by virtue of the fact that Defendants held themselves out as the counselors and instructors on matters that were spiritual, moral and ethical, Defendants had domination and influence over Plaintiff. Defendants, by maintaining and encouraging such a relationship with Plaintiff, entered into a fiduciary relationship with Plaintiff. In addition, by accepting the care, custody and control of the minor Plaintiff, Defendants stood in loco parentis in relation to the minor Plaintiff. As a result of these special relationships between Plaintiff and Defendants, Plaintiff trusted and relied upon Defendants to nurture and protect him while he was in Defendants’ care and custody. The power imbalance between Defendants and Plaintiff increased the young boy’s vulnerability to Defendant Straub. While Plaintiff was attending St. George church and other parishes, Defendant Straub worked with, mentored and counseled Plaintiff. As such, Defendant Straub held a position of trust and confidence in the care and supervision of Plaintiff constituting a fiduciary relationship. From about 1975 until 1978 Defendant Straub sexually abused and exploited the then-minor Plaintiff. The sexual abuse described herein occurred in the State of Missouri. At the time that Defendant Straub had unlawful sexual contact with Plaintiff, Defendant Straub falsely represented to Plaintiff that Defendant Straub was providing spiritual counseling, comfort, mentoring and advice to Plaintiff. The actions of Defendant Straub were outrageous and utterly repugnant to a civilized society. Defendants knew or should have known that allowing Defendant Father Straub access to young children as part of his official duties, after reports of impropriety, involved an unreasonable risk of causing emotional distress to Plaintiff and other similarly situated individuals. The Defendants’ actions in allowing Defendant Father Straub to continue holding himself out as a priest and father figure to his parishioners and young children with whom he came into contact were outrageous and utterly repugnant to civilized society. Defendants acted with depraved hearts knowing harm would occur, including the damages to Plaintiff described herein and other similarly situated children. Defendants knew or should have known this outrageous behavior would cause emotional distress to the families of the victims and the victims, including Plaintiff. The sexual abuse of Plaintiff, and the circumstances under which the abuse occurred, caused Plaintiff to develop various psychological coping mechanisms and symptoms of psychological distress, including great shame, guilt, self-blame and depression. As a result, Plaintiff John Doe SG1 was unable to know or have reason to know that he was a victim of sexual abuse committed upon him by Defendant Straub. The sexual abuse and exploitation of Plaintiff John Doe SG1 and the circumstances under which it occurred caused Plaintiff John Doe SG1 to develop various psychological coping mechanisms which made him incapable of ascertaining the resulting damages from that conduct. Furthermore, upon information and belief, after learning of Defendant Straub and other agents’ wrongful conduct, Defendants, by and through their agents, ratified the wrongful conduct described herein by failing to report it to law enforcement authorities, prospective parishioners, current parishioners, their families, victims, and the public. Further, Defendants’ conduct communicated to Plaintiff and other victims that their conduct was proper and that legal action was not necessary. Therefore, Defendants knew or should have known, that their actions would silence Plaintiff and other victims, prevent them from discovering their injuries, their complaints or possible other complaints or victims, and ultimately exacerbate their emotional distress and trauma. Defendants should therefore be estopped from asserting any defense that Plaintiff’s action is not timely because Defendants individually and in concert with each other fraudulently concealed the wrongfulness of Defendant Straub’s and other priests’ conduct and the causal relationship to the harm suffered by Plaintiff. As a direct result of Defendants’ wrongful conduct, Plaintiff has suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. COUNT I CHILD SEXUAL ABUSE AND/OR BATTERY - DEFENDANT STRAUB
Plaintiff incorporates paragraphs 1 – 28 as if fully set forth herein. From approximately 1975 to 1978, Defendant Straub engaged in harmful and offensive sexual conduct and contact upon the person of the Plaintiff, a minor, between the approximate ages of 11 and 14 years. Said acts were committed while Defendant Straub was acting within the course and scope of employment with the Archdiocese and/or Archbishop; were committed whiled Defendant Straub was a managing agent of the Archdiocese and/or Archbishop; and/or were ratified by the Archdiocese and/or Archbishop. Defendants’ actions were willful, wanton or reckless for which punitive damages and/or an award for aggravating circumstances are appropriate. As a result of the above-described acts, Plaintiff has suffered, and continues to suffer great pain of mind, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. COUNT II BREACH OF FIDUCIARY DUTY - ALL DEFENDANTS
Plaintiff incorporates all paragraphs 1 – 32 of this Petition as if fully set forth herein. As a result of Plaintiff being a minor, and by Defendants undertaking the care and guidance of the then vulnerable minor Plaintiff, Defendants held a position of empowerment over Plaintiff. Further, Defendants, by holding St. George’s Church and Straub out as a safe and secure institution and agent and holding themselves out as shepherds and leaders of the Roman Catholic Church, solicited and/or accepted this position of empowerment. This empowerment prevented the then-minor Plaintiff from effectively protecting himself and Defendants, and thus they entered into fiduciary relationships with Plaintiff. Plaintiff reposed trust and confidence in Defendants as his spiritual guides, authority figures, teachers, mentors and confidantes. As a fiduciary to Plaintiff, Defendants had a duty to obtain and disclose information relating to sexual misconduct and other inappropriate behavior of Defendants’ agents, including Defendant Straub. Further, as his caretaker and fiduciary, each Defendant owed Plaintiff the duty of trust and loyalty, and the duty to work solely for his benefit. Moreover, Defendants had a duty to disclose to Plaintiff and others the wrongful nature of the abuse. Defendants Archdiocese and Archbishop breached their fiduciary duties to Plaintiff and abused their position of trust and confidence for their own personal gain, including without limitation, the following: Defendants used Plaintiff’s dependency and innocence as a child to prevent him from recognizing that the abuse was wrongful. Defendants accomplished this end by enforcing the secrecy around the acts and/or by teaching Plaintiff that the acts were normal or necessary to the relationship. Keeping a known pedophile in the presence of children such that he would be allowed to molest Plaintiff. Hiding the fact of the previous abuse from any individuals that might intervene including parents, state authorities, parishes, and parishioners. Failing to provide a safe environment for the children who relied upon them for their care, nurturance and support. Violating their duties of care imposed by their status as in loco parentis to the children over whom they exercised dominion and control. Failing to abide by their own internal, secular policies and procedures concerning removal, sanction or discipline of their agents and employees, knowing the individuals whom they serve rely upon those rules, policies and procedures. Ratifying the abuse by Defendant Straub by continuing to pay his travel expenses, allowing outings with children to continue, and hiding the fact of his abuse from other individuals or organizations that might intervene to protect the children under their care, custody and/or control. Defendant Straub breached his fiduciary duties to Plaintiff and abused his position of trust and confidence for his own personal gain, including without limitation, the following: Defendant Straub engaged in sexual misconduct with Plaintiff. Defendant Straub represented to Plaintiff that his actions were appropriate and were part of his spiritual growth and counseling. Defendant Straub made sexual contact an implicit and explicit condition to his continuing care, nurture, support and spiritual guidance. Defendant Straub made sexual contact an implicit and explicit condition of social support and company of the other children in the parish. Defendant Straub silenced the children he abused, making them live in secret shame, fear and degradation while then ministering to them psychologically, emotionally and spiritually. Defendants’ actions and/or inactions were willful, wanton and reckless for which punitive damages and/or damages for aggravating circumstances are appropriate. As a direct result of Defendants’ breach of their fiduciary duties, Plaintiff has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling.
COUNT III CONSTRUCTIVE FRAUD AND CONSPIRACY TO COMMIT FRAUD - ALL DEFENDANTS
Plaintiff incorporates paragraphs 1 – 32 of this Petition as if fully set forth herein. As a result of Plaintiff being a minor, and by Defendants undertaking the care and guidance of the then-vulnerable minor Plaintiff, Defendants held a position of power over Plaintiff. Further, Defendants by holding out St. George’s Church as a safe and secure institution and holding themselves out as shepherds and leaders of the Roman Catholic Church, solicited and/or accepted this position of power. This power differential prevented the then-minor Plaintiff from effectively protecting himself, and Defendants thus entered into fiduciary relationships with Plaintiff. As fiduciaries to Plaintiff, Defendants had a duty to obtain and disclose information relating to sexual misconduct and other inappropriate behavior of Defendants’ agents. Moreover, Defendants had a duty to disclose to Plaintiff and others the wrongful nature of the abuse. Defendants, however, used Plaintiff’s dependency and innocence as a child to prevent him from recognizing that the abuse was wrongful. Further, Defendants accomplished this end by enforcing the secrecy around the acts and/or by teaching Plaintiff that the acts were normal or necessary to the relationship. As a result, Defendants breached their fiduciary duties to Plaintiff by engaging in the willful, reckless and wanton conduct described herein, by failing to disclose information regarding the wrongful nature of the abuse and/or in taking acts to conceal any such information. The fact that Defendants’ agents, including Defendant Straub, had in the past and/or would in the future be likely to commit sexual misconduct with minors at St. George’s Church was a material fact in Plaintiff’s and his family's decisions whether to allow Plaintiff to attend and participate in activities at St. George’s Church. Upon information and belief, Defendants had actual or constructive knowledge of Defendant Straub’s inappropriate behavior, as discussed herein. Defendants misrepresented, concealed or failed to disclose information relating to sexual misconduct of Defendant Straub and certain of their agents as described herein. Defendants knew that they misrepresented, concealed and/or failed to disclose information relating to sexual misconduct of Defendants’ agents, and Defendants intended Plaintiff to rely upon their misrepresentations and/or omissions. Plaintiff justifiably relied upon Defendants for information relating to sexual misconduct of Defendants’ agents. Plaintiff further relied upon Defendants to ensure his safety while he was in the Defendants’ care and custody. Upon information and belief, Defendants, in concert with each other, and with the intent to conceal and defraud, conspired and came to a meeting of the minds whereby they would misrepresent, conceal or fail to disclose information relating to the sexual misconduct of Defendant’s agents. By so concealing, Defendants committed at least one act in furtherance of the conspiracy. Defendants’ actions and/or inactions were willful, wanton and reckless for which punitive damages and/or damages for aggravating circumstances are appropriate. As a direct result of Defendants’ fraud and conspiracy, Plaintiff has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling.
COUNT IV FRAUD AND CONSPIRACY TO COMMIT FRAUD - ALL DEFENDANTS
Plaintiff incorporates paragraphs 1 – 32 of this Petition as if fully set forth herein. Defendants knew or should have known of the sexual misconduct and other inappropriate behavior of their agents, including Defendant Straub, as described herein. Defendants misrepresented, concealed or failed to disclose information relating to sexual misconduct of their agents as described herein. Defendants knew that it misrepresented, concealed or failed to disclose information relating to sexual misconduct of their agents. The fact that Defendants’ agents had in the past and/or would in the future be likely to commit sexual misconduct with another minor at Defendants’ St. George’s Church was a material fact in Plaintiff’s and his family’s decision whether to allow Plaintiff to attend and participate in activities at St. George’s Church and with Defendants’ agent, Defendant Straub. Upon information and belief, Defendants, in concert with each other, with the intent to conceal and defraud, conspired and came to a meeting of the minds whereby they would misrepresent, conceal or fail to disclose information relating to the sexual misconduct of Defendants’ agents. By so concealing, Defendants committed at least one act in furtherance of the conspiracy. Defendant’s actions and/or inactions were willful, wanton and reckless for which punitive damages and/or damages for aggravating circumstances are appropriate. As a direct result of Defendants’ fraud and conspiracy, Plaintiff has suffered, and continues to suffer, great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. COUNT V INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - DEFENDANTS ARCHDIOCESE AND ARCHBISHOP
Plaintiff incorporates paragraphs 1 – 32 of this Petition as if fully set forth herein. Defendants intentionally failed to supervise, remove or otherwise sanction Defendant Straub after they had actual notice of his dangerous propensities to abuse children and continued to place him in positions of authority over children and adolescents, including Plaintiff. Defendants knew or should have known that Defendant Straub was unsuitable for the position which he held. Defendants failed to adequately review and monitor the services which were provided by Defendant Straub, intentionally turning a blind eye to his misconduct. Defendants intentionally failed to confront, remove or sanction Defendant Straub about known irregularities in his employment, including taking young children on trips, to his home, spending unusual amounts of time alone with children and having received reports of impropriety from disgruntled parents. Defendants failed to act upon information gained during the course of their supervision of Defendant Straub. Defendants intentionally failed to supervise the children within their care, custody, or control from coming in contact with the known risk presented by Defendant Straub. At all times relevant, Defendants Archdiocese and Archbishop were in a fiduciary and/or confidential relationship with Plaintiff. Instead of acting in the best interest of Plaintiff, as required when one is in a fiduciary status, Defendants Archdiocese and Archbishop held out to Plaintiff a priest with a known history of child sexual abuse as an appropriate individual with whom Plaintiff should interact. At all times relevant, Defendants Archdiocese and Archbishop engaged in extreme and outrageous conduct, intended to cause or committed in reckless disregard of the probability of causing emotional distress and harm. Defendants Archdiocese and Archbishop engaged in unconscionable, outrageous conduct beyond all possible bounds of decency and utterly intolerable in a civilized society. Defendants’ conduct caused Plaintiff severe emotional distress of such a nature that no reasonable person in a civilized society could be expected to endure it. Defendant’s actions and/or inactions were willful, wanton and reckless for which punitive damages and/or damages for aggravating circumstances are appropriate. Plaintiff suffered medically significant and diagnosable distress as a result of Defendants’ actions as set forth in the Background Facts Applicable to All Counts. As a result of the above-described conduct, Plaintiff has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. COUNT VI INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - DEFENDANT STRAUB
Plaintiff incorporates paragraphs 1 – 32 of this Petition as if fully set forth herein. Defendant Straub held himself out as a moral teacher, guide and religious authority, as well as a kind and caring surrogate father figure for Plaintiff. Defendant Straub’s kindness juxtaposed against his sexual impropriety with Plaintiff created a psychological and emotional conundrum for the young boy. Plaintiff could not process the value-laden messages in these contradictory acts, causing the boy to develop psychological dysfunction that resulted in his inability to discern or discover his injury and its cause. The actions of Defendant Father Straub, a trained pastor, priest and minister, were taken intentionally to cause such emotional distress as to prevent the Plaintiff from revealing the abuse and/or with reckless disregard as to the probable injuries that would result. Father Straub had a fiduciary and/or confidential relationship with Plaintiff by virtue of his role as priest, mentor, father figure and authority figure to the young boy. The power imbalance between Defendant Straub and Plaintiff increased Plaintiff’s vulnerability to Defendant Straub. Defendant Straub engaged in unconscionable, outrageous conduct beyond all possible bounds of decency and utterly intolerable in a civilized society. Said actions included, without limitation, engaging in inappropriate sexual contact with Plaintiff, using his role as a priest to require Plaintiff’s silence either directly or indirectly, intentionally creating for Plaintiff a psychological and moral disconnect that would insure the silence of the little boy, and using his position of trust and confidence with Plaintiff for his own personal gratification. Defendant Straub’s actions and/or inactions were willful, wanton and reckless for which punitive damages and / or damages for aggravating circumstances are appropriate. The emotional distress experienced by Plaintiff as a result of Defendant Straub’s conduct is medically diagnosable and is of sufficient severity so as to be medically significant. As a result of the above-described conduct, Plaintiff has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. COUNT VII NEGLIGENCE - ALL DEFENDANTS
Plaintiff incorporates paragraphs 1 – 32 of this Petition as if fully set forth herein. Defendants had a duty to protect children served by their churches. Upon information and belief, Defendants, by and through their agents, servants and employees, knew or reasonably should have known of Defendant Straub’s dangerous and exploitive propensities and/or that he was an unfit agent, and despite such knowledge, Defendants breached their duty to protect Plaintiff when they failed to protect Plaintiff from the sexual abuse described herein. Defendants’ actions and/or inactions were willful, wanton and reckless for which punitive damages and/or damages for aggravating circumstances are appropriate. As a direct result of the acts or omissions described herein, Plaintiff has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. COUNT VIII VICARIOUS LIABILITY (RESPONDEAT SUPERIOR) - DEFENDANTS ARCHDIOCESE AND ARCHBISHOP
Plaintiff incorporates paragraphs 1 – 32 of this Petition as if fully set forth herein. By assigning Defendant Straub to a church and giving him control and responsibility to interact throughout the Archdiocese, Defendants Archdiocese and Archbishop consented to or knowingly permitted Defendant Straub to exercise authority on behalf of Defendant Archdiocese in that Defendant Straub had formal responsibility for the youth within the Archdiocese. At all times material hereto, Defendant Straub was under the direct supervision, employ and control of Defendants. Defendant Straub’s conduct, as alleged, was undertaken while in the course and scope of his employment with Defendants. Plaintiff trusted Defendant Straub because he was a priest and because he was under the direct supervision, employ and control of Defendants. Using that trust, Defendant Straub sought and gained access to Plaintiff while he attended St. George’s Church. Such access to Plaintiff would not have been gained unless Defendant Straub was a priest with the Defendant Archdiocese and under the supervision of Defendant Archbishop. Defendants Archdiocese and Archbishop are therefore vicariously liable for the acts and omissions of their agent, Defendant Straub. Defendant’s actions and/or inactions were willful, wanton and reckless for which punitive damages and/or damages for aggravating circumstances are appropriate. As a direct result of the acts and/or omissions described herein, Plaintiff has suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. COUNT IX NEGLIGENT SUPERVISION, RETENTION, AND FAILURE TO WARN - DEFENDANTS ARCHDIOCESE AND ARCHBISHOP
Plaintiff incorporates paragraphs 1 – 32 of this Petition as if fully set forth herein. Upon information and belief, Defendants, by and through their agents, servants and employees, knew or reasonably should have known of Defendant Straub’s dangerous and exploitive propensities and/or that he was an unfit agent. Despite such knowledge, Defendants negligently retained and/or failed to supervise Defendant Straub in the position of trust and authority as a Roman Catholic priest and spiritual counselor where he was able to commit the wrongful acts against the Plaintiff. Defendants failed to provide reasonable supervision of Defendant Straub, failed to use reasonable care in investigating Defendant Straub, and failed to provide adequate warning to Plaintiff and his family of Defendant Straub’s dangerous propensities. Defendant’s actions and/or inactions were willful, wanton and reckless for which punitive damages and/or damages for aggravating circumstances are appropriate. As a result of the above-described conduct, Plaintiff has suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. COUNT X INTENTIONAL FAILURE TO SUPERVISE CLERGY - DEFENDANT ARCHDIOCESE AND ARCHBISHOP
Plaintiff incorporates paragraphs 1 – 32 of this Petition as if fully set forth herein. At all times material, Defendants Archdiocese and Archbishop were the supervisors and employers of Defendant Straub. Upon information and belief, Defendants were aware of previous sexual misconduct by clergy within its boundaries, including Defendant Straub, and that future harm was certain or substantially certain to result without proper supervision. Defendants caused Defendant Straub to be transferred from earlier assignments because of his inappropriate touching of young boys. Defendants disregarded the known risk of sexual abuse. Defendants’ inaction caused injury to Plaintiff. Plaintiff was sexually abused on the property owned and operated by Defendant Archdiocese. Defendants knew or should have known that inappropriate touching of young children by their employees and /or designated agents would cause or was substantially certain to cause those children harm. Despite the risk posed by Defendant Straub, Defendants continued to place Defendant Father Straub in positions in which he would have daily contact with children. Despite the risk posed by Defendant Straub, Defendants ratified his actions of being alone with small children by approving and paying for his travel expenses and other expenses associated with outings with children. By engaging in these actions, Defendants disregarded the risk posed by Defendant Straub to these children. Defendants’ actions and/or inactions were willful, wanton and reckless for which punitive damages and/or damages for aggravating circumstances are appropriate. As a result of Defendants’ failure to properly supervise Defendant Straub, Plaintiff was injured and has suffered and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. COUNT XI: CHILDHOOD SEXUAL ABUSE – DIOCESAN DEFENDANTS
Plaintiff incorporates paragraphs 1 – 32 of this Petition as if fully set forth herein. Defendant Straub engaged in harmful sexual contact upon Plaintiff John Doe SG1. That contact was ratified by the Archdiocese, and Archbishop as Defendant Straub had the imprimatur of the Diocesan defendants to take custody of small boys, providing them with travel opportunities and other activities alone with the Priest at a time that the Diocesan defendants knew or should have known of the sexually improper conduct Defendant Straub had a propensity for perpetrating on small boys. As a direct result of Defendant Straub’s conduct and the conduct of the Archdiocesan defendants in ratifying his actions, Plaintiff suffered severe emotional distress, lost earnings and lost earning capacity, past and present medical and counseling expenses, loss of enjoyment of life, incurred expenses for psychological treatment, therapy and counseling. Plaintiff’s emotional development was upset, causing him to engage in self-destructive and other harmful activities, including loss of hope and faith. He has been unable to complete tasks, suffers nightmares, flashbacks, cognitive dysfunction, undifferentiated anger, suicidal ideation, suicidal attempts, depression, anxiety and other psychological and emotional sequelae. Additionally, Plaintiff struggles with his faith, has difficulty dealing with authority figures and difficulty trusting other people, including professionals and clergy. Plaintiff John Doe SG1, because of various psychological coping mechanisms and the insidious long-term and late developing injuries, did not discover and/or could not ascertain the nature or extent of his injuries and could make no causal connection between his psychological sequelae and the abuse until approximately 2002. The Diocesan Defendants actions were willful, wanton or reckless for which punitive damages and/or an award for aggravating circumstances are appropriate. COUNT XI: FAILURE TO SUPERVISE CHILDREN – ALL DEFENDANTS
Plaintiff incorporates paragraphs 1-32 of this Petition as if fully set forth herein. At all times material, Defendants and their personnel were the supervisors and employers of Straub Fr. Straub failed to supervise children when he sexually abused the Plaintiff. Upon information and belief, the Defendants were aware of previous sexual misconduct by clergy within its boundaries, including Fr. Straub, and that future harm was certain or substantially certain to result without proper supervision. Defendants caused Fr. Straub to be transferred from earlier assignments because of his inappropriate touching of young boys. Defendants disregarded the known risk of sexual abuse that Fr. Straub posed to the children the Diocese was charged with safekeeping. Defendant’s inaction in this regard exposed Plaintiff to risk that was eventuated and which resulted in injury to Plaintiff. Plaintiff was sexually abused on the property owned and operated by Defendants. Defendants knew or should have known that inappropriate touching of young children by their employees and / or designated agents would cause or was substantially certain to cause those children harm. Despite the risk posed by Fr. Straub, Defendants continued to place Fr. Straub in positions in which he would have daily contact with children. Despite the risk posed by Fr. Straub, Defendants ratified the actions of being alone with small children by approving and paying for travel expenses and other expenses associated with outings with children. Despite the known risk posed by Fr. Straub and others, Defendants never contacted law enforcement regarding any allegations of sexual assault committed by their employees. By engaging in these actions, Defendants disregarded the risk posed by Fr. Straub to the Plaintiff and other similarly situated children. Defendants’ actions and / or inactions were willful, wanton and reckless for which punitive damages are appropriate. As a result of Defendants’ failure to properly supervise children, Plaintiff was injured and has suffered, and continues to suffer great pain of mind, shock, emotional distress, physical manifestations of emotional distress that are medically diagnosable and significant, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling.
JURY TRIAL DEMANDED Plaintiff demands a trial by jury on all issues triable in this case. PRAYER FOR RELIEF WHEREFORE, Plaintiff asks that this Court award judgment against Defendants as follows: Awarding compensatory, statutory, punitive and treble damages in favor of Plaintiff against Defendants for damages sustained as a result of the wrongdoings of Defendants, together with interest thereon; Awarding Plaintiff his costs and expenses incurred in this action, including reasonable allowance of fees for Plaintiff’s attorneys, experts, and reimbursement of Plaintiff’s and counsel’s expenses; Granting such other and further relief as the Court deems appropriate and just.
Respectfully submitted,
Dated: _______________ _______________________________ Jeffrey R. Anderson Patrick W. Noaker, MO Bar #39836 JEFF ANDERSON & ASSOCIATES, PA E-1000 First National Bank Bldg. 332 Minnesota Street St. Paul, Minnesota 55101 Phone: (651) 227-9990 Fax: (651) 297-6543
________________________________ Kenneth M. Chackes, MO Bar #27534 M. Susan Carlson, MO Bar #37333 CHACKES, CARLSON & SPRITZER, LLP 8390 Delmar Boulevard, Suite 218 St. Louis, Missouri 63124 Phone: (314) 872-8420 Fax: (314) 872-7017
Rebecca M. Randles, MO Bar #40149 Luis Mata, MO Bar #54157 RANDLES, MATA & BROWN, LLC 406 West 34th Street, Suite 623 Kansas City, Missouri 64111 Phone: (816) 931-9901 Fax: (816) 931-0134
ATTORNEYS FOR PLAINTIFF Ken Chackes Chackes, Carlson & Spritzer, LLP 8390 Delmar Blvd., Suite 218 St. Louis, MO 63124 314-872-8420 fax 314-872-7017 kchackes@vccs-law.com |