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For immediate release: Saturday, Aug. 27 John Doe HL, MAR JAMES (aka JAMES BEINE), ) ROMAN CATHOLIC ARCHDIOCESE ) OF ST. LOUIS, an unincorporated association, and ARCHBISHOP ) RAYMOND BURKE, of the Archdiocese of St. Louis, MO, COMMUNITY OF JOHN BOSCO(aka SANCTE JOANNES BOSCO), NEW Haven SCHOOL Community of Saint John Bosco ) Joseph Harper ) 3911 William Dr. ) St. Charles, MO 63304-6857 ) New Haven School District ) Kyle Kruse, Superintendent ) 100 Park Drive ) New Haven, MO 63068 ) Defendants have knowingly covered up and concealed the sexual abuse of their minor parishioners and students by their employee Defendant James Beine. This cover up has allowed Defendant Beine to have access to and to sexually abuse numerous children, including Plaintif 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. Community of Saint John Bosco, also known as Sancte Joannes Bosco (hereinafter “Community”) was a non-profit corporation with its principal place of business located at 3081 Donnycave Lane W., Maryland Heights, MO 63043. Defendant Community was dissolved as a non-profit corporation sometime between 2000 and 2005. 10. On information and belief, Defendant New Haven School District (hereinafter “School District”) is an unincorporated entity with its principal place of business located at 100 Park Drive, New Haven, MO 63068. On information and belief, Defendant School District owned, operated, and controlled New Haven High. Beine was a priest and assistant counselor under the direct supervision, control and authority of all Defendants during the period of abuse alleged herein. Beine may have changed his name to Mar James, but uses both names. Hereinafter he is referred to as Beine. Beine was under the direct supervision, employ and control of the Defendants. All acts of sexual abuse alleged herein took place during functions in which Defendant Beine had custody or control of Plaintiff in his role as a priest and/or assistant counselor. BACKGROUND FACTS APPLICABLE TO ALL COUNTS 18. Beginning in approximately 1978, Plaintiff became acquainted with Defendant Beine at New Haven High where Beine was an assistant counselor. Beine sexually molested Plaintiff shortly afterwards and continued to molest Plaintiff for approximately one year. The abuse included genital contact. 19. Upon information and belief, Beine had sexually assaulted other minor boys before assaulting Plaintiff. Defendants failed to inform Plaintiff, other children, and their parents of Beine’s propensity to sexually assault juvenile boys. As a result, Beine was allowed unlimited access to young boys, including Plaintiff. 20. The sexual abuse described herein occurred in the State of Missouri between approximately 1978-1980. 21. The actions of Defendant Beine were outrageous and utterly repugnant to a civilized society. 22. Defendants knew or should have known that their allowing Defendant Beine 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. 23. The Defendants’ actions in allowing Defendant Beine to continue holding himself out as a priest, counselor and as an authority figure to his parishioners, students, and children with whom he came into contact, were outrageous and utterly repugnant to a 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. 24. 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. In addition, Plaintiff experienced dissociative amnesia where he repressed the memories of the abuse until approximately 2002. As a result of Plaintiff’s repression of the memories of Defendant Beine’s sexual abuse of the Plaintiff, Plaintiff was unable to know or have reason to know until approximately 2002 that he was a victim of sexual abuse committed upon her by Defendant Beine. The sexual abuse and exploitation of Plaintiff and the circumstances under which it occurred caused Plaintiff to develop various psychological coping mechanisms which made him incapable of ascertaining the resulting damages from that conduct. 25. Furthermore, upon information and belief, after learning of Defendant Beine 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, or the public. Upon information and belief, Defendant Beine has recently been indicted for criminal sexual conduct against another boy in 1973. Further, Defendants’ conduct communicated to Plaintiff and other victims that Defendants’ 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, would prevent them from discovering their injuries, their complaints or possible other complaints or victims, and ultimately would 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 Beine’s and other priests’ conduct and the causal relationship between the sexual abuse and the harm suffered by Plaintiff. 26. 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 - ALL DEFENDANTS 27. Plaintiff incorporates all paragraphs of this Petition as if fully set forth herein. 28. Between approximately 1978 and 1979, Defendant Beine engaged in unpermitted, harmful and offensive sexual conduct and contact upon the person of the Plaintiff, a minor. Said acts were committed while Defendant Beine was acting within the course and scope of employment with the Defendants, were committed while Defendant Beine was a managing agent of the Defendants, and/or were ratified by the Defendants. 29. Defendants’ actions were willful, wanton or reckless for which punitive damages and/or an award for aggravating circumstances are appropriate. 30. As a result of the above-described acts, 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 II - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - DEFENDANTS ARCHDIOCESE, ARCHBISHOP, COMMUNITY, SCHOOL DISTRICT, AND DOES 1-20 31. Plaintiff incorporates all paragraphs of this Petition as if fully set forth herein. 32. Defendants intentionally failed to supervise, remove or otherwise sanction Defendant Beine after they had actual notice of his dangerous propensity to abuse children, and continued to place him in positions of authority over children and adolescents, including Plaintiff. 33. Defendants knew or should have known that Defendant Beine was unsuitable for the position which he held. 34. Defendants failed to adequately review and monitor the services which were provided by Defendant Beine, intentionally turning a blind eye to his misconduct. 35. Defendants intentionally failed to confront, remove or sanction Defendant Beine about known irregularities in his employment, including taking children on overnight and other outings, spending unusual amounts of time alone with children and having received reports of impropriety from concerned and angry parents. 36. Defendants failed to act upon information gained during the course of their supervision of Defendant Beine. 37. Defendants intentionally failed to supervise the children within their care, custody or control from coming in contact with the known risk presented by Defendant Beine. 38. At all times relevant, Defendants Archdiocese and Archbishop engaged in extreme and outrageous conduct, intended to cause harm or committed in reckless disregard of the probability of causing emotional distress and harm. 39. Defendants Archdiocese and Archbishop engaged in unconscionable and 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. 40. Defendants actions and /or inactions were willful, wanton and reckless for which punitive damages and /or damages for aggravating circumstances are appropriate. 41. Plaintiff suffered medically significant and diagnosable distress as a result of Defendants’ actions as set forth in the Background Facts Applicable to All Counts. 42. 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 III - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS -DEFENDANT BEINE 43. Plaintiff incorporates all paragraphs of this Petition as if fully set forth herein. 44. Defendant Beine engaged in unconscionable, outrageous conduct beyond all possible bounds of decency and utterly intolerable in a civilized society. 45. Defendant Beine’s actions and /or inactions were willful, wanton and reckless for which punitive damages and /or damages for aggravating circumstances are appropriate. 46. The emotional distress experienced by Plaintiff as a result of Defendant Beine’s conduct is medically diagnosable and is of sufficient severity so as to be medically significant. 47. 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 IV NEGLIGENCE - ALL DEFENDANTS 48. Plaintiff incorporates all paragraphs of this Petition as if fully set forth herein. 49. Defendants had a duty to protect children served by their priests and counselors. 50. Upon information and belief, Defendants, by and through their agents, servants and employees, knew or reasonably should have known of Defendant Beine’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. 51. Defendants’ actions and /or inactions were willful, wanton and reckless for which punitive damages and /or damages for aggravating circumstances are appropriate. 52. 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 V -NEGLIGENT SUPERVISION, RETENTION, AND FAILURE TO WARN - DEFENDANTS ARCHDIOCESE, ARCHBISHOP, COMMUNITY, SCHOOL DISTRICT, AND DOES 1-20 53. Plaintiff incorporates all paragraphs of this Petition as if fully set forth herein. 54. Upon information and belief, Defendants, by and through their agents, servants and employees, knew or reasonably should have known of Defendant Beine’s dangerous and exploitive propensities and/or that he was an unfit agent, and despite such knowledge, Defendants negligently retained and/or failed to supervise Defendant Beine, who was in a position of trust and authority as a Roman Catholic seminarian, deacon, or priest and spiritual counselor, where he was able to commit the wrongful acts against the Plaintiff. Defendants failed to provide reasonable supervision of Defendant Beine, failed to use reasonable care in investigating Defendant Beine and failed to provide adequate warning to Plaintiff and his family of Defendant Beine’s dangerous propensities. 55. Defendants’ actions and / or inactions were willful, wanton and reckless, for which punitive damages and /or damages for aggravating circumstances are appropriate. 56. 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 FAILURE TO SUPERVISE CLERGY - DEFENDANTS ARCHDIOCESE, ARCHBISHOP, COMMUNITY, SCHOOL DISTRICT, AND DOES 1-20 57. Plaintiff incorporates all paragraphs of this Petition as if fully set forth herein. 58. At all times material, Defendants were the supervisors and employers of Defendant Beine. 59. Upon information and belief, Defendants were aware of previous sexual misconduct by clergy within their boundaries, including Defendant Beine, and knew that future harm was certain or substantially certain to result without proper supervision. 60. Defendants disregarded the known risk of sexual abuse. 61. Defendants’ inaction caused injury to Plaintiff. 62. Defendants knew or should have known that inappropriate touching of children by their employees and /or designated agents would cause or was substantially certain to cause those children harm. 63. Despite the risk posed by Defendant Beine, Defendants continued to place Defendant Father Beine in positions in which he would have daily contact with children. 64. Despite the risk posed by Defendant Beine, Defendants ratified his actions of being alone with children by approving and paying for his travel expenses and other expenses associated with outings with children. 65. By engaging in these actions, Defendants disregarded the risk posed by Defendant Beine to these children. 66. Defendants’ actions and /or inactions were willful, wanton and reckless, for which punitive damages and /or damages for aggravating circumstances are appropriate. 67. As a result of Defendants’ failure to properly supervise Defendant Beine, 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 VII - VIOLATION OF TITLE IX (20 U.S.C. § 1681) SEXUAL HARASSMENT - DEFENDANT SCHOOL DISTRICT 68. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth under this count. 69. Plaintiff is part of a protected class. 70. Plaintiff was subjected to unwelcome sexual harassment. 71. The harassment was based upon sex. 72. The harassment was sufficiently sever as to alter the conditions of Plaintiff’s education and create an abusive environment. 73. One of Defendant’s officials with authority to take corrective measures had actual knowledge or notice of the sexual harassment. 74. Despite this knowledge, Defendant’s official was deliberately indifferent to the sexual harassment and failed to adequately respond to the harassment. 75. As a direct result of Defendant’s misconduct, 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 VIII VIOLATION OF 42 U.S.C. § 1983 -DEFENDANT SCHOOL DISTRICT 76. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth under this count. 77. There was continuing, widespread, persistent pattern of unconstitutional misconduct by the Defendant’s employees. 78. Defendant’s policymaking officials were deliberately indifferent or tacitly authorized this misconduct after they received notice of the misconduct. 79. Plaintiff was injured by the misconduct pursuant to the custom. 80. As a direct result of Defendant’s custom, 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 VIII VIOLATION OF 42 U.S.C. § 1983 - DEFENDANT DOES 1-20
81. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth under this count. 82. Defendant Does received notice of a pattern of unconstitutional acts committed by subordinates. 83. Defendants Does demonstrated deliberate indifference to or tacit authorization of the offensive unconstitutional acts. 84. Defendants Does failed to take sufficient remedial action. 85. Defendant Does’ failure was the proximate cause of Plaintiff’s injuries. 86. As a direct result of Defendant Does’ misconduct, 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. JURY TRIAL DEMANDED 87. Plaintiff demands a trial by jury on all issues triable in this case. WHEREFORE, Plaintiff asks that this Court award judgment against Defendants as follows:
1. 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; 2. 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; 3. 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 http://www.stltoday.com/stltoday/news/stories Archdiocese is named in 2 sex abuse suits A Florida man filed a civil lawsuit in St. Louis circuit court against former St. Louis priest James Beine on Thursday. The man, 53, who filed his lawsuit as "John Doe," said he was abused by Beine at St. Monica in Creve Coeur when he was in the sixth and seventh grades. The lawsuit also named the Roman Catholic Archdiocese of St. Louis and Archbishop Raymond Burke. The Missouri Supreme Court ordered Beine released from prison in June after overturning an indecent exposure conviction. The archdiocese recently said it has settled nine civil lawsuits for more than $400,000 alleging sexual improprieties or abuse by Beine. A 56-year-old California woman also filed a lawsuit in St. Louis circuit court Thursday against the archdiocese and Burke. Peggy Nicholson said she had been abused at Holy Guardian Angels Church by the Rev. William Poepperling for four years beginning when she was 4 years old, according to the lawsuit. Poepperling, who died in 1983 at the age of 78, was a pastor at St. Philip Neri in north St. Louis, Our Lady of Sorrows in south St. Louis, St. Louis of France in Bonnots Mill in Osage County, Holy Guardian Angels in St. Louis, St. Paul the Apostle in Pine Lawn and Incarnate Word in Chesterfield |