$2.4 Million Dollar Verdict Against Abusive Marist Religious Brother
On November 18, 2013, Jacobs & Crumplar secured a $2.4 million dollar verdict against Brother Damian Galligan, a religious brother of the Marist Brothers of the Schools, for plaintiff Brian Elliott, as reported in The News Journal and the AP, in the links below. Plaintiff Brian Elliott was sexually abused in New York, New Jersey, and Delaware over a six year time frame, from 1977-1983, when he was 8-14 years old. Brian Elliott testified in his trial regarding the horrendous chilhood sexual abuse he suffered, as well as the effects of it that still haunt him today. Psychiatrist Dr. Carol Tavani testified regarding Brian’s damages as well. Galligan did not attend the trial. Brian thanked the Court, General Assembly, and the Jury for their part in enabling him to tell his story and have a measure of justice and resolution.
http://www.delawareonline.com/article/20131119/NEWS/311190084/Jury-awards-2-4-million-sex-abuse-case
Tower Hill Headmaster Steps Down Due to Investigation Involving Child Abuse
The News Journal reports that the headmaster of Tower Hill School has stepped down because of an investigation involving child abuse allegations.
Waterhouse v. Hollingsworth | Plaintiff’s Claims of Sexual Abuse Can Go Forward
On October 10, 2013 Judge Parkins of the Delaware Superior Court held in the attached ruling that plaintiff Jordan Waterhouse’s claims, based on sexual abuse, which were not time-barred as of the enactment of the Child Victim’s Act, 10 Del. C. 8145 on July 9, 2007, were actionable. This was a great decision for Jordan and all survivors of childhood sexual abuse and we believe it correctly interpreted the Child Victim’s Act and gave effect to its remedial intent.
Delaware Supreme Court find that State police can be held liable for sexual misconduct of their officers
On September 12, 2013, the Delaware Supreme Court released its decision in Jane D.W. Doe v. State of Delaware. The issue before the Court was whether the State of Delaware could be held liable for the tortious acts (in this case a sexual assault) by an on-duty Delaware State Police Officer.
Under a theory known as respondeat superior a company or organization can be held liable for the torts that their employees do in the course of being an employee (e.g. a pizza delivery man rear-ends another car -the pizza company could be held liable for the accident the pizza delivery man caused since the accident happened in “the scope of employment”).
The lower court, reasoning that sexual misconduct is not in job description of of a police officer, granted summary judgment in favor of the State Police.
Justice Berger writing for the Delaware Supreme Court reversed the lower court decision and clarified what respondeat superior means stating, “The relevant test, however, is not whether Giddings’ [the police officer] was “‘within the ordinary course of the [employer] … but whether the service itself in which the tortious act was done was within the ordinary course of such business.’ Stated differently, the test is whether the employee was acting in the ordinary course of business during the time frame within which the tort was committed.” (Doe v. State, 2013 WL 5006496 * 2). The Court concluded that a jury could conclude that the defendant’s actions were foreseeable. (Id.)
This case may prove to be very helpful in the understanding the meaning of respondeat superior in Delaware. At the very least, it is a win for those who are victims of individuals who abuse their positions of trust and authority.
To speak with a Wilmington lawyer at Jacobs & Crumplar, P.A. or to learn about our services, please call 302-656-5445 or contact us online. From our offices in Wilmington and Georgetown, Delaware, we represent clients throughout the nation.
Co-Owner of Ice Rink Arrested on Molestation Charge
The co-owner of a popular Newark, DE ice rink was recently arrested. Scott Bicking has been accused by two young boys of inappropriate contact. A criminal investigation is still under way. Individuals who pray on children often seek avenues such as youth organizations (sports, religious groups) to gain access to children. Parents should always be aware with whom their children are spending time and ask their children about these adults. You can read more about these allegations from the News Journal’s website.
Diocese of Gallup, New Mexico Filing For Bankruptcy
Facing claims of sexual abuse, the Roman Catholic Diocese of Gallup, New Mexico has announced plans to file Chapter 11 bankruptcy protection. The diocese covers 53 parishes and includes several Native American reservations. After filing for bankruptcy, the Gallup Diocese will be the 9th U.S. diocese or archdiocese to file for bankruptcy protection since 2004.
Judge Implies That 14 Year Old Girl Who Cannot Legally Consent to Having Sex Asked for it From A 54 Year Old Teacher
A story by John Bacon of USA Today found at the link below, details how a Montana Judge sentenced a 54 year old former teacher who raped a 14 year old girl to only 30 days in prison, after he was terminated from a sex offender treatment program which permitted a deferred prosecution.
The story reports that “District Judge G. Todd Baugh, in sentencing Stacey Rambold on Monday, said victim Cherice Moralez was “as much in control of the situation” as her teacher, referring to Cherice as a troubled youth “older than her chronological age,”” as reported by the Billings Gazette. The Judge apologized and explained that the rape was not “forcible beat-up rape.” While its laudable that the Judge acknowledged his comments were hurtful and wrong, the sentence of 30 days in jail for such a crime against a child speaks for itself and implies that the child consented to this rape even though legally she could not. And the greatest tragedy of the situation is that the young girl took her own life. The impact of this “non-forcible” rape on the short life and untimely death unfortunately cannot be known, but it appears greatly incongruous with a 30 day sentence for the perpetrator who was a 40 –something teacher when this happened and should be held accountable for raping a child and a student.
Contrast this with Delaware’s strong statutorily mandated jail sentences for one who “[i]ntentionally engages in sexual penetration with a child who has not yet reached that child’s own sixteenth birthday and the person stands in a position of trust, authority or supervision over the child []” Del. Code Ann. tit. 11, § 778.
http://www.usatoday.com/story/news/nation/2013/08/28/teacher-rape-montana/272281
Decision on Boy Scouts Case
On January 28, 2013 the Delaware Superior Court held in the case of John Doe 6 v. Boy Scouts of America that the Boy Scouts of America must produce their ineligible volunteer files from 1948 to 1973 in plaintiffs’ cases, which is twenty years prior to the abuse of John Doe 6, subject to a confidentiality order and the redaction of certain information. Please see our Sexual Abuse/decisions page for the full Opinion.
BOY SCOUTS
Boy Scouts
As reported by The News Journal on December 13, 2012, a lawsuit against the Boy Scouts was filed in Philadelphia on December 12, 2012 alleging that a young teenager was sexually abused by his scoutmaster in the late 1990’s while he was a member of Troop 84 in Downingtown, PA. The scoutmaster would use tactics such as rewards and membership in a special brotherhood to groom and entice his victim. The Journal reports that the suit alleges that the Boy Scouts of America knew for decades that sexual predators had infiltrated the Scouts to gain access to victims as evidence by their perversion files, a subset of their ineligible volunteer files. The News Journal also reports that at least 14 of those files involve Boy Scout leaders in the Delaware area.
Jacobs & Crumplar represents two survivors of abuse by scoutmasters who led Delaware Boy Scout troops who similarly alleged that the Boy Scouts of America knew or should have known it had a problem of childhood sexual abusers in its midst and failed to take the right steps to prevent the abuse. The lawsuits of John Doe # 6 and John Doe # 7 were filed under the Child Victim’s Act and were the first sexual abuse suits against the Boy Scouts of America to be filed in Delaware. Trial is set for the summer of 2013 and the parties are awaiting a decision from the Superior Court regarding the production of earlier years of ineligible volunteer files than those released to the public by attorney Kelly Clark, as reported by The News Journal on November 4, 2012.
Sexual abuse by religious officials: Not a just a “Catholic Priest thing”
On Monday, December 10th, a NY jury found Nechemya Wberman, an unlicensed ultra-Orthodox Jewish counselor, guilty of sexual assault. As described in the NY Times, Weberman repeatedly sexually abused a young girl who had been sent to him for treatment. Allegations of abuse in the ultra-Orthodox community have been in the news for years, but few prosecutions or civil law suits have been successful, in part because many victims have been reluctant to come forward and all too often few people are willing to support the victims. Sadly those who do support victims can face harsh consequences: Rabbi Nuchem Rosenberg, a victims right advocate in the Ultra Orthodox Community had bleach thrown in his face because of his unwaveringly support of victims.
What this all shows is that sexual abuse of children by religious officials is not a “Catholic thing” or a “priest thing.” Of course, sexual abuse of children by Catholic priests was and is a very prevalent and because the US has such a large Catholic population it often gets the most attention; but that doesn’t mean sexual abuse doesn’t happen in Protestant churches or in various branches of Judaism. Nor does the person have to be a cleric as the conviction of Nechemya Weberman demonstrates. They only need to have a position of trust and authority and access to children.
Here are the NY Times articles.
http://www.nytimes.com/2012/12/12/opinion/justice-in-williamsburg.html
http://www.nytimes.com/2012/12/12/nyregion/rabbi-nuchem-rosenberg-doused-maybe-with-bleach-in-williamsburg.html?ref=nyregion