rc v nj department of children and families dyfs

8/17/2019 RC v NJ Department of Children and Families DYFS

1/35

FUGGI LAW FIRM P.C.

47

Main Street

P.O. Box 1808

Toms River, New Jersey 08754

(732) 240-9095

Attorneys for PlaintiffR.C.

R.C.

Plaintiff,

v.

DIVISON

OF

YOUTH

AND

FAMILY

SERVICES (n/k/a Division of Child

Protection

and

Permanency); P.P.; JOHN

DOES 1·10, (fictitious names); ABC

CORPORATIONS 1-S (fictitious names)

Defendant(s).

RECEIVED

FILED

DE

1 5

2 5

SUPERIOR COl ~i \ff~

LAW

DIVISION. P JAN COUNTY

DOCKETNO: tr 3.c.f7j- J

CIVIL CTION

COMPLAINT; JURY DEMAND;

PLAINTIFF'S DEMAND FOR

DAMAGES; DEMAND FOR

DISCOVERY OF INSURANCE

INFORMATION; DESIGNATION OF

TRIAL COUNSEL AND

CERTIFICATION

AS

TO RULE 4:5·1;

TORT

CLAIM NOTICE

R.C.

(hereinafter Plaintiff ) resides in Port Barre, Louisiana.

/ /IP

1

Pursuant

to

N.J.S.A. 2A:61B-l(S)(f)(l), the initials

R.C.

are used in place of Plaintiffs

name as the sexual abuse of Plaintiff occurred when

he

was a minor. By way of Complaint

through his undersigned attorneys, Plaintiff R.C. hereby states the following:

BACKGROUND

I Plaintiff

R.C.

was,

as

a minor, sexually assaulted

and/or

sexually abused

by

individuals within his foster homes, Defendants P.P. and John Does

1-5

within the Division of

Youth and Family Services (n/k/a Division

of

Child Protection and Pennanency), placement

program, which is located and has significant contacts and/or

conducts

business in many

counties

throughout the State

of

New Jersey, including, but not limited to, Ocean County. As such

this

matter

is

being

filed

in the County of

Ocean

which appropriately has jurisdiction

as the

Division


2/35

of


of

Child Protection and Permanency) operates and

conducts business in Ocean County. The allegations set forth in the Complaint are against

the

defendants the Division of Youth and Family Services (n/k/a Division

of

Child Protection and

Permanency), Ellen Connor,

John

Does

1-10

and

ABC

Corporations 1-5.

COUNT ONE

SEXUAL ABUSE AND VIOLATION OF N.J.S.A. 2A:61B-1

AS TO DEFENDANTS

DMSION

OF YOUTH AND FAMILY SERVICES (n/k/a

DIVISION OF

CHILD

PLACEMENT

AND

PERMENANCY , JOHN DOES, 1-5 and

ABC CORPORATIONS 1-S STANDING IN

LO O

P RENTIS AS PROSCRIBED BY

N.J.S.A. 2A:61B-1

1. Plaintiff

repeats and reiterates all

of the

allegations contained

in the

previous

counts and/or paragraphs

as if

set forth

at

length herein.

2.

Specifically,

in

addition to

the

repeating and reiterating

of

all previous allegations

referenced in Paragraph 1 of this Count, Plaintiff incorporates

all

aUegations contained in Count

2 of

this Complaint regarding the Sexual Battery

of

Plaintiff

by

Defendants

P.P. and John

Does

1-5.

3. Pursuant

to

N.J.S.A. 2A:61B-l:

•sexual abuse does not only include an act of sexual contact or

sexual penetration between a child under the age of 18 years

and

an

adult, [but

also

makes liable other persons] standing in loco

parentis within the household

who

knowingly permit[s] or

acquiesce[s] in sexual abuse by any other person also commits

sexual abuse.

As Defendants Division

of

Youth and Family Services (n/k/a Division·

of

Child

Placement and Permanency), doing business in

all

of New Jersey,

John Does

1-5 and ABC

Corporations 1-5 stood

n loco parentis

to Plaintiff and knowingly permitted and/or acquiesced

in

the

sexual abuse

by

Defendants P.P. and John Does 1-5 as described

herein

Defendants

Division

of


of

Child Protection and Permanency),


3/35

John

Does 6-10, and ABC Corporations 1-5, committed sexual abuse of Plaintiff, in violation of

N.J.S.A. 2A:61B-l .

4. As a direct and proximate result of the conduct described herein

above,

Plaintiff

has

suffered physicaJ injury; severe emotional distress; diminished enjoyment

of

Hfe diminished

enjoyment

of

childhood; difficulty

and

an inability to

focus;

difficulty

and

an inabilityto

perform

educational tasks; anxiety; depression; humiliation; pain in mind and

body;

severe

embarrassment;

is

having

and

has

had

difficulty

living

a normal life; is

and

has not engaged in

nonnal development

and

activities; suffers

from

behavior patterns and will continue to

do so

n

the

future;

will in

the

future be

caused to endure severe pain

in

mind

and body; has

endured

interference with and

will

continue

to

endure interference with engaging in his

full normal

daily

activities. Plaintiff s self-esteem

and

ability

to

trust others has been substantially impaired,

making it difficult to obtain help and

trea1ment

from professionals and health care professionals

n general

and

may incur medical, hospital and psychiatric expenses

in amounts

yet to be

detennined.

5. The actions

of

Defendants Division

of

Youth and Family Services

n/k/a

Division

of Child Protection

and

Pennanency) John Does

6-10, and BC

Corporations

1-5,

as alleged

herein shattered the natural human trust inherent in a child s relationship with an authority

figure, thereby causing and contributing to psychological injuries

to

plaintiff, necessitating the

need for

future psychological care and treatment, resulting

in

loss

of

earnings

and loss of

future

earning capacity and

was

caused to sustain other great losses all contributing

to

his

damages

n

dollar sum subject to proof at the time of trial.

3


4/35

6. All defendants acted carelessly, recklessly, negligently, and grossly negligent, and

caused or

allowed

to be caused great bann

to

minor-plaintiff R.C.

by

allowing or

pexpetuating

sexual molestation of the minor child.

WHEREFORE, Plaintiff hereby demands judgment against Defendants Division of

Youth and Family Services (n/k/a Division of Child Protection and Permanency), P.P., John

Does

1-10,

and

ABC

Coiporations 1-5 for compensatory and punitive damages, interest, costs of

suit, attorneys fees and such

other

relief as the

court or

jury may

deem

proper.

COUNT TWO

SEXUAL BATTERY AND VJOLATION OFN.J.S.A. 2A:61B-1

AS TO DEFENDANTS P.P. AND JOHN DOES 1-5

I. At all times relevant hereto, Plaintiff R.C. was a resident of the State of New

Jersey,

and

a foster

child

located in Toms River, New Jersey. The Division ofYouth and Family

Services n/k/a Division of Child Protection and

Pennanency)

is located at 222 South Warren

Street, Trenton, New Jersey

08625.

2.

At all times relevant hereto, Plaintiff was

in

child services

and

a beneficiary of the

Division of Youth and Family Services (n/k/a Division of

Child

Protection and Permanency). .

3. Until August 24, 2015, Plaintiff R.C. had not discovered, understood or

appreciated that the problems he was and is experiencing, emotionally, physically and sexually,

were the direct result of the sexual abuse perpetrated by Defendants P.P. and John Does 1-5

and

the

defendants.

4. Pursuant to N.J.S.A. 2A:61B·l:

In

any civil action for injury or illness based

on

sexual

abuse,

the

cause of action shall accrue at the time of reasonable discovery of

the injury and its causal relationship to the act of sexual abuse.

ny such action shall be brought within two years after reasonable

discovery.

4


5/35

c. Nothing in [the Child Sexual Abuse Act] is intended to preclude

the court from finding that the statute of limitations was tolle

n

a

· case because

of

the plaintiff's mental state, duress

by

the

defendant,

or

any other equitable grounds. (Emphasis

added).

Plaintiff pleads delayed discovery of the knowledge that he was a victim of sexual assault

and of the harm inflicted and thus a delay in the accrual

of

ier claims against

all

parties. Plaintiff

contends that the Statute ofLimitations shall

be

tolled in accordance with the laws

of he

State

of

New Jersey, including, but not limited to, N.J.S.A. 2A:61B-l, et

seq.

(reasonable

discovery

of

the injury and its causal relationship

to

the act of sexual abuse hereinafter referred

to

as delayed

discovery'), and/or N.J.S.A. 2A:14-21, et seq. (mental state, insanity and/or lacking

the

ability

and/or capacity due to mental infliction, to pursue Plaintiff's lawful rights), and/or duress, and/or

equitable grounds.

5.

Plaintiff specifically avers that prior to approximately August 24 2015, he was

n

such a mental state and suffered from mental conditions and/or defects which prevented,

obscured, repressed, or made otherwise

unknown,

the

fact that

any

cause of action

was

available

to him against the various defendants. Plaintiff specifically repeats all allegations

contained in

the Count Six

of

this Complaint

in

its entirety as though

fully

set forth herein and throughout

each Count of his Complaint.

6. From approximately 1991 through approximately

1999,

Defendants P.P.

and

John Does 1-5 utilized guile, undue influence, misrepresentation and other pedophile grooming

behavior to initiate, continue and secretly preserve their sexual abuse of Plaintiff

R.C.

by

exploiting the young and tender age

of

Plaintiff:

and

by

abusing/exploiting the trust relationship

developed within the foster home.

5


6/35

7. Incidents of abuse include, but are not limited to on or about approximately 199 I,

defendant John Doe

1

another individual within plaintiff s home, showed plaintiff pornography

magazines and forced the minor child plaintiffR.C. to perfonn oral sex upon him.

8. On or about I 992, plaint iff resided with a different foster family who had an

elder biological son, defendant John Doe 2. Defendant John Doe 2, within the foster home, beat

plaintiff R.C. with a belt on plaintiff s back and buttocks. Plaintiffwas beaten s~verely enough

to cause bruising and welts on plaintiff R.C. s back and buttocks. Plaintiff R.C. reported the

incident to a nurse who in turn reported the incident to Defendants Division ofYouth and Family

Services (n/k/a Division

of

Child Protection and Permanency).

8. In or around 1993, plaintiff R.C. was placed in the foster home

o f

~·

Ms ~

beat both plaintiff

RC.

and his brother. n one occasion, Ms.~ iological

son punched plaintiff

RC.

in the face and threw him

into

a wall. Plaintiff R.C. notified his DYFS

caseworker who did not believe Plaintiff s allegations.

9.

In

or around J995, Plaintiff R.C. was placed in a Somerset Hills Residential

Facility, where

be

met Defendant P.P., an elder child in the facility. Defendant P.P came into the

shower with Plaintiffand forcibly performed oral sex on plaintiff.

10. Defendants P.P. and · ohn Does 1-5 acted carelessly, recklessly, negligently, and

grossly negligent, and caused harm to PlaintiffR.C. by sexually molesting, contacting, battering,

harassing, toµching and fondling Plaintiff R.C. by fraud, subterfuge, duress and force. These

acts complained

of

above constitute a violation ofN.J.S.A. 2A:61B-1.

11. From approximately 1991 through approximately 1999, Defendants P.P. and

John Does 1-5 touched Plaintiff directly and/or through Plaintiff s clothing on the plaintiff s

6


7/35

intimate parts for the purpose of sexually arousing or gratifying Defendants

P.P.

and

John

Does

1-5 in violation ofN.J.S.A. 2A:61B-1.

12.

As a direct and proximate result

of

the conduct described herein above Plaintiff

has suffered physical injury; severe emotional distress; diminished enjoyment of life; diminished

enjoyment of childhood; difficulty and an inability to focus; difficulty and an inability to perform

educational

tasks;

anxiety; depression; humiliation; pain in mind and body; severe

embarrassment; is having and has had difficulty living a noxmal life; is and

has

not engaged in

noxmal development and activities; suffers from behavior _patterns and will continue to do

so

n

the future; will in the future be caused

to

endure severe pain in mind and body; has endured

interference with and will continue to endure interference with engaging n her full normal daily

activities. Plaintiff s self-esteem and ability to trust others has been substantially impaired,

making it difficult to obtain help

and

treatment from professionals and health care professionals

n general and may incur medical, hospital and psychiatric expenses in amounts yet

to

be

determined.

WHEREFORE, Plaintiff R.C. hereby demands judgment against Defendants P.P.

and

John

Does 1-5

for compensatory and punitive damages, interest, costs of suit, attorneys fees

and

such

other

relief as the court or jurymay deem proper.

COUNT THREE

ASSAULT

AS TO ALL DEFENDANTS, DIVISION O YOUTH AND FAMILY SERVICES, P.P.,

JOHN DOES 1-10AND ABC CORPORATIONS 1-5

1. Plaintiff repeats and reiterates all of the allegations contained in the previous

counts and/or paragraphs as ifset forth at length herein.

7


8/35

2. Defendants acted

with

the intent

to

cause harm and/or offensive contact

to

Plaintiff and thereby put him in imminent apprehension and fear for his well-being.

3. Defendants actions would be offensive to a person with a reasonable sense of

personal dignity.

4. Plaintiff did not consent to the acts and any pmported consent was secured

through fraud, deception and undue influence, coercion and duress thereby rendering it void.

5. Defendants actions were outrageous, and constituted a wanton and reckless

disregard to Plaintiff s health

and welt-being.

6. As a direct and proximate result of the conduct described herein above, Plaintiff

has suffered physical injury; severe emotional distress; diminished enjoyment oflife; diminished

enjoyment of childhood;

difficulty

and

n

inability

to focus; difficulty and an inability to

perform

educational tasks; anxiety; depression; humiliation; pain in mind and body; severe

embarrassment; is having and has had difficulty living a normal life; is and has not engaged in

normal development and activities; suffers from behavior patterns and will continue to

do

so

in

the future; will in the future be caused to endure severe pain in mind and body; has endured

interference with and will continue to endure interference with engaging in her full nonnal daily

activities. Plaintiff s self-esteem and ability to trust others bas been substantially impaired,

making it difficult to obtain help and treatment from professionals and health care professionals

in

general and m y incur medical, hospital and psychiatric expenses in amoW1ts yet to be

determined.

7. The actions

of

the defendants as alleged herein shattered the natural human trust

inherent in a child s relationship with an authority figure, thereby causing and contnbuting to

psychological injuries to Plaintiff, necessitating the need for future psychological care and

8


9/35

treatment, resulting in loss

of

earnings and loss of future earning capacity and was caused to

sustain other great losses all contributing to his damages in dollar sum subject to proof at the

time

of

rial.

8 All defendants acted carelessly, recklessly, negligently, and grossly negligent, and

caused or allowed to be caused great harm to minor-plaintiff R.C.

by

allowing or perpetuating

sexual molestation

of the

minor child.

WHEREFORE Plaintiff hereby demands judgment against Defendants for

compensatory

and

punitive damages,

interest,

costs

of

suit, attorneys fees

and

such other

relief

as the court or

jury may

deem

proper.

COUNT

FOUR

BATTERY

AS

TO ALL

DEFENDANTS, DIVISION

OF

YOUTH AND FAMILY SERVICES, P.P.,

JOHN DOES

1-10 AND ABC CORPORATIONS 1-5

1

Plaintiff repeats and reiterates all

of

the allegations contained in the previous

counts and/or paragraphs as i set forth at length herein.

2

Defendants caused actual harmful and offensive touching of Plaintiff with the

intent to cause offensive touching of Plaintiff.

3 Defendants actions would be offensive to a person with a reasonable sense

of

personal dignity.

4. Plaintiff did not consent and could not consent to the touching which was against

her will and any failure to report the incidents was the result

of

overwhelming mental duress,

undue influence and coercion.

5 Defendants actions were outrageous, and constituted a wanton and reckless

disregard

to

Plaintiff s health and well-being.


10/35

6.

As a direct

and

proximate result of the conduct described herein above Plaintiff

has

suffered physical injury; severe emotional distress; diminished enjoyment oflife; diminished

enjoyment of childhood; difficulty and

an

inability to focus; difficulty and an inability to perform

educational tasks; anxiety; depression; humiliation; pain in mind

and body;

severe

embarrassment; is having

and

has had difficulty living a normal

life; is and

has not engaged in

normal development and activities; suffers from behavior patterns and will continue to do so in

the future; will in the future be caused to endure severe pain in mind

and body;

has endured

interference with and will continue to endure interference

with

engaging

in

her full normaJ daily

activities. Plaintiff s self-esteem and ability to trust others has been substantially impaired,

making it difficult to obtain help and treatment

from

professionals

and

health care professionals

in

general

and

may incur medical, hospital and psychiatric expenses in

amounts

yet to be

determined.

7.

· The actions

o

defendants as alleged herein shattered the natural human trust

inherent in a child s relationship with an authority figure thereby causing and contributing to

psychological injuries to plaintiff, necessitating the need for future

psychoJogical care

and

treatment, resulting in loss o earnings

and

loss o future earning capacity

and

was caused to

sustain other great losses

al1

contributing to his damages in dollar sum subject

to

proof at the

time o trial.


caused or allowed to be caused great harm to minor-plaintiff R.C. y a11owing or perpetuating

sexual molestation

o

the minor child.

1


11/35

WHEREFORE, Plaintiff hereby demands judgment against Defendants for

compensatory and punitive damages, interest, costs of suit, attorneys fees and such other relief

as

the court or jury may deem proper.

COUNT FIVE

INTENTIONAL INFLICTION O EMOTIONAL DISTRESS

AS TO ALL DEFENDANTS DIVISION

O

YOUTH AND FAMILY SERVICES, P.P.,

JOHN DOES 1-10

AND

ABC CORPORATIONS

1-S

1. Plaintiff repeats and reiterates all of the allegations contained in the

previous counts and/or paragraphs

as

i et forth at length herein.

2.

Defendants by deception, duress, intimidation, caused Plaintiff to engage in

sexual contact with him, which included the humiliating acts set forth in previous counts of this

Complaint, including, but not limited to, all for the sexual gratification of defendants,

P P.

and

John Does 1-5.

3. The sexual abuse of Plaintiff by Defendants P.P. and John Does

1-5

proximately

caused the plaintiff to suffer extreme humiliation and anxiety, severe emotional distress and

mental anguish and other physical and psychological injuries including repression of memory.

4. Defendants acted either intentionally or recklessly and

knew

or should have

known that the inappropriate sexual touching and other misconduct in their relationships with

Plaintiff would result in serious emotional distress to Plaintiff beyond what a

normal

person

could be expected to endure.

5 The sexual misconduct of Defendants alleged herein exceeded

all

possible bounds

of

human decency and was outrageous

and

unacceptable in a civilized society.

6

s

a direct and proximate result

of

the conduct described

herein

above Plaintiff

has suffered physical injury; severe emotional distress; diminished enjoyment of life; diminished


12/35

enjoyment o childhood; difficulty and

an

inability to focus; difficulty and an inability

to

perfonn


embarrassment;

is

having and has bad difficulty living a no:nnal life; is and has not engaged o

nonnal development and activities; suffers from behavior patterns

and

will continue to do so

in

the future;

will

n the future

be

caused to endure severe pain

in

mind

and

body;

has

endured

interference with

and will

continue to endure interference with engaging in her

full

nonnal daily

activities. Plaintiff s self-esteem and ability

to

trust others

has

been substantially impaired,

making it difficult to obtain help and treatment from professionals

and


in

general

and

may incur medical, hospital and psychiatric expenses

in

amounts yet to

be

determined.

7 The actions o the defendants, as alleged herein shattered the natural

human

trust

inherent in a child s relationship with

an

authority figure thereby causing and contributing to

psychological injuries to Plaintiff, necessitating the need

for

future psychological care and

treatment, resulting in loss

o

earnings

and

loss o future earning capacity and

was

caused to

sustain other great losses all contributing to

his

damages

in

dollar sum subject to proof at the

time

o

trial.


caused or allowed

to

be caused great harm to minor-plaintiff R.C.

by

allowing or perpetuating


WHEREFORE Plaintiff hereby demands judgment against Defendants for

compensatory

and

punitive damages, interest, costs

o

suit, attorneys fees and

such

other relief

as the court

or

jury

may deem proper.

OUNT

SIX

12


13/35

DEL YED DISCOVERY - EQUIT BLE ESTOPPEL

AS TO DEFENDANTS DMSION

OF

YOUTH ND F MILY SERVICES, P.P., JOHN

,

DOES

1-10 AND BC CORPOR TIONS 1-5

1.

. Plaintiff repeats and reiterates all of the allegations contained

in the

previous counts and/or paragraphs as i set

forth

at length herein.

2. Pursuant to N.J.S.A.

2A:61B-1:

In

any civil action for injury or illness based on sexual

abuse

the

cause of action shall

accrue at

the time of reasonable discovery of

the injury and its causal relationship to the act of sexual

abuse

.

.Any such action shall be brought within two years after reasonable

discovery.

c. Nothing in [the Child Sexual Abuse Act] is intended to preclude

the court from finding that the statute of limitations was tolled

in

a

case because of the plaintiffs mental state, duress

y

the

defendant, or any other equitable grounds.

Plaintiff R.C. pleads delayed discovery and/or repressed memory of the harm and thus a

delay

in

the accrual

of

his claims against all parties. Plaintiff contends that the Statute of

Limitations shall be tolled in accordance with the laws of

he

State ofNew Jersey, including but

not limited to, N.J.S.A. 2A:61B-l, et seq. (reasonable discovery of the injury and its causal

relationship

to

the act

of sexual

abuse hereinafter referred

to as

delayed discovery''), and/or

N.J.S.A.

2A:

14-21, et seq., (mental state, insanity, insanity and/or lacking the ability and/or

capacity due

to

mental infliction,

to

pursue Plaintiff R.C.'s lawful rights), and/or

duress

and/or

equitable grounds.

3. Prior to the approximate dates set

forth

in the sexual battery count as to the

Plaintiffs abuse, Plaintiff R.C. had no notice

or i11formation

of circumstances to put

him on

inquiry notice of the identity of the Division

of

Youth and Family Services (n/k/a Division of

Child Protection and Pennanency), John Does 6-10 and

ABC

Corporations 1-5, meaning their

13


14/35

sameness and oneness in conjunction

with

the childhood sexual abuse perpetrated

by

Defendants P.P. and John Does 1-5.

4. Prior

to

the approximate dates set forth

in

the sexual battery count as to the

plaintiffs abuse, Plaintiff had not factually ascertained, nor could he have reasonably

ascertained, suspected or comprehended the identity of the Division of Youth and Family

Services (n/k/a Division of C~ild Protection and Permanency), John Does 6-JO and ABC

Corporations 1-5,

as

tortfeasors or corporate Defendants which were in any way responsible for

the alleged negligent, reckless, and/or purposeful human behavior manifested

as

covert

childhood sexual abuse

by

Defendants P.P. and John Does

1 5.

5. Prior to the approximate dates set forth in the Sexual Battery Count

as

to the

plaintiff's abuse, Plaintiff R.C. had not factually ascertained, or suspected, nor could he have

reasonably ascertained the actual or appreciable harm to him, constituting an indispensable

element of any cause of action against the Division

of


of Child Protection and Permanency), John Does 6-10 and ABC Corporations l -5, related to the

alleged negligent, reckless, and/or purposeful human behavior manifested as covert childhood

sexual abuse

by


6. Plaint iffR.C. reasonably had no awareness that the Division

of

Youth and Family


of

Child Protection and_ Pennanency),

John

Does 6-10 and ABC

Corporations 1-5, in any capacity, were potential tortfeasors, at any time prior to the appro,timate

date set forth

in

the Sexual Battery Count, and therefore, had no incentive

to

sue the Division of

Youth and

amily


of

Child Protection and Permanency), John Does 6-

10 and

BC

Corporations 1-5, because of Defendants P.P. and John Does 1-5 calculated and

insidious conditioning, grooming and abuse/exploitation of PlaintiffR.C.

4


15/35

7.

As a result of the acts perpetrated by P.P. and John Does 1-5 against Plaintiff,

Plaintiff became, at the time of the sexual abuse, and thereafter, chronicaUy depressed fearful,

worried, guilt-ridden, and shameful, and

did

not contemplate the Division of Youth and Family

Services n/k/a Division

of

Child Protection and Permanency),

John Does

6-10 and

ABC

Corporations 1-5 as tortfeasors.

8. On

or after

the

approximate

dates·

set

forth in

the Sexual Battery Count Plaintiff

R.C. for

the

first time, learned that the Division

of

Youth and Family Services nlk/a Division of

Child Protection and Permanency), John Does 6-10 and ABC Corporations 1-5,

were at

fault

for

the physical

and

mental suffering he experienced

during

the course ofhis lifetime.

9.

Prior to

the

approximate dates set forth n the Sexual Battery Count Plaintiff was

not at fault for lack

of

due diligence, or otherwise, for failing to discover that the Division of

Youth· and Family Services n/k/a Division

of

Child Protection and Permanency), John Does 6-

10 nd ABC Corporations 1-5, failed to properly supervise and failed to take proper action

relative to the behavior ofDefendants P.P. and John

Does

1-5.

10. Defendants Division of Youth and Family Services n/k/a

Division

of Child

Protection and Permanency), P.P., John Does 1-10 and ABC Corporations 1-5,

are

equitably

estopped from asserting a statutory defense against PlaintiffR.C. since the Statute ofLimitations

for negligence

and

all other

torts

only began to run at

the time of

reasonable

discovery in

or

about

the

approximate dates set forth in the Sexual Battery Count, at which time Plaintiff may

have reasonably,

and

for

the

first time, identified and suspected

the

Division of Youth and

Family Services n/k/a Division

of

Child

Protection and Pennanency), P

P

.

John

Does

1-10

and

ABC Corporations 1-5 as potential tortfeasors.

15


16/35

J1. At no time up to the approximate dates set forth in the Sexual Battery Count, did

Plaintiff have actual or presumptive knowledge or suspicion o any facts sufficient to put her on

notice that Defendants Division

o

Youth and Family Services (n/k/a Division o Child

Protection

and

Permanency), P.P.,

John Does

1-10

and

ABC Corporations 1-5, had engaged in

acts or conduct or failed to properly conduct themselves so

as to

cause permanent serious

physical and mental

injury

to Plaintiff.

12. n

failing

to

supervise, monitor and/or dismiss Defendant P.P. and John Does 1-5

in their facility and/or in/from their employ, in light

o

the notice o inappropriate conduct with

Plaintiff

and

to further assure compliance

with the

expectation of the community that

the

Division

o Youth

and Family Services

n/k:/a

Division o Child Protection

and

Pennanency)

did

not and would

not

engage in sexual activity with children who were invited guests/beneficiaries

o the Division

o

Youth and Family Services {n/k/a Division of Child Protection

and

Permanency) foster parent program,

and

other persons, Defendants Division o

Youth

and

Family Services (n/k/a Division o Child Protection and Permanency), John Does 6-10 and ABC

Corporations 1-5 did not adequately supervise, monitor, take action against or reprimand


1-5.

13. Defendants Division o Youth and Family Services (nlk/a Division o Child

Protection and Permanency), John Does 6-10 and ABC Corporations

1-5,

further breached their

fiduciary duty

to

Plaintiff to provide her a safe haven, as employers and/or ostensible

manager,

supervisors and overseers o Defendants P.P. and John Does 1-5

by

failing

to

take any

action

upon notice, constructive or otherwise, o Defendants P.P. and John Does I-S s conduct, as

alleged n all counts o this Complaint.

16


17/35

14

Had the Division

o

Youth and Family Services (n/k/a Division· o Child

Protection and Permanency), John Does

6-10

and ABC Corporations

1-5

adequately performed

their duties to properly employ, monitor, and supervise Defendants P.P. and ohn Does 1-5,

Plaintiff would not have been subject to all, or some, o the sexually inappropriate conduct

o

P.P.

and John Does

1-5 as

alleged in this Complaint.

15 As

a result

o

their action/inaction, defendants Division of Youth and Family


o

Child Protection and Permanency), John

Does

6-10 and ABC

Corporations 1-5, breached their :fiduciary duty to provide a secure environment for Plaintiff, a

minor,

as

defendants P

P.

and John Does

1-5

were provided access and opportunity

to

be alone,

and unsupervised, with the plaintiff on many occasions.

16.

As a direct and proximate result o the conduct described herein above, Plaintiff

has suffered physical injury; severe emotional distress; diminished enjoyment oflife; diminished

enjoyment o childhood; difficulty and an inability to focus; difficulty and an inability to perform

· educational tasks; anxiety; depression; humiliation; pain

in

mind and body; severe

embarrassment; is having and has had difficulty living .a normal life;

is and

has not engaged in

normal development and activities; suffers from behavior patterns and wilI continue to do so in

the future; will in the future be caused to endure severe pain in mind

and

body;

has

endured

interference with and will continue to endure interference with engaging in her full nonnal daily

activities.

Plaintiff s self-esteem and ability to trust others has been substantially impaired,

making

it

difficult to obtain help and treatment from

professionals

and health care professionals

in general and may incur medical, hospital and

psychiatric

expenses in amounts yet to be

determined.

17


18/35

17. The actions of defendants Division of Youth and Family Services n/k/a Division

of

Child Protection and Permanency), P.P.,

John

Does 1-10 and ABC Corporations

1-5,

as

alleged herein shattered the natural human trust inherent in a child s relationship with an

authority figure, thereby causing and contributing to psychological injuries

to

plaintiff,

necessitating the need for future psychological care and treatment, resulting in loss of earnings

and loss of future earning capacity and was caused to sustain other great losses all contributing to

his damages in dollar sum subject to proofat the time of1rial.


caused or allowed to be caused great harm to minor-plaintiff R.C. by aJlowing or perpetuating

sexual molestation of

he minor child.

WHEREFORE

Plaintiff R.C . hereby demands judgment against Defendants Division

of Youth and

Family


of

Child Protection and Permanency), P.P., John

Does

J

-10 and ABC Corporations 1-5, for compensatory and punitive damages, interest, costs

of

suit, attorneys fees and such other relief as the court or jury

may

deem proper.

COUNT SEVEN

NEGLIGE NT BIR1NG NEGLIGENT SUPERVISION

AND RETENTION

AS TO

DEFENDANTS DIVISION

OF

YOUTH

AND

FAMILY SERVICES

JOHN

DOES

1 10 ND BC CORPORATIONS 1 5

l . Plaintiff repeats and reiterates all of the allegations contained in

the

previous

counts and/or paragraphs as if set

forth

at length herein.

2. This is an action for negligence and/or gross negligence and/or recklessness

and/or intentional conduct, criminal conspiracy and damages against Defendants Division

of

Youth and Family Services (n/k/a Division of Child Protection and Pennanency). P.P., John

18


19/35

Does 1-10 and ABC Corporations 1-5 during the time in which the incidents complained

hereinabove

in

previous Counts occurred.

3. Between approximately

19991

and approximately 1999,

as more

specifically set

forth in

previous Counts

and

incotpotated herein by reference, Plaintiff

was

affiliated with the

Division o Youth and Family

SeIVices

(n/k/a Division o Child Protection and Pennanency)

as

set forth in previous Counts and incorporated herein by reference, said facility operated and

controlled by the named defendants during that time.

4. Between the approximate dates

as

set forth in previous Counts and incorporated

herein by reference, Plaintiff was sexually abused by Defendants P.P. and John Does 1-5 at the

location and/or activities facilitated, sponsored by or associated with the Division of Youth and

Family Services (n/k/a Division o Child Protection and Permanency), including Defendants

home with said abuse constituting a breach o duty owed to Plaintiff by the named defendants to

supervise Defendants P.P. and John Does 1-5 and to provide

a safe

haven for Plaintiff and

further negligently/grossly negligently and/or recklessly failed to recognize th behavior that

such supervisors should appreciate

and

understand by virtue o heir role

as

supervising authority

to


5.

Defendants Division o Youth and

Family

Services (n/k/a Division o Child

Protection and Pennanency), John

Does

6- l O and ABC Corporations 1-5 were negligent and/or

grossly negligent in hiring, associating

and

accepting and retaining for a transfer or continuous

duty, Defendants P.P. and

John Does 1-5

in

that the Division o Youth and

Family

Services

(n/k/a Division

o

Child Protection and Pennanency), John Does 6-10 and

ABC

Corporations 1·

5, failed to adequately investigate and/or ignored

the

previous misconduct and general lack

o

fitness for duties

o

Defendants P.P.

and

John Does 1-5; ignored the misconduct and general lack

9


20/35

of fitness for duties of Defendants P.P. and John Does 1-5; failed to make sufficient inquiry

of

the moral character

of

Defendant P.P. and John Does

1 5 by,

among other things, failing

to

investigate their overal1 fitness and suitability to be a present in a foster home; failed to subject

Defendants P P. and John Does 1-5 to adequate, valid and appropriate psychological testing;

and

failed to monitor defendants P.P. and John Does

1 5

conduct

during their mentoring

period with

regard to

his

relationship with minors and foster children; failed

to

warn the plaintiff

of

deviant

sexual grooming behaviors.

6.

f he

defendants

had conducted themselves as described hereinabove, they would

have or should have known

of

Defendants P.P. and John Does 1-S s unfitness to be present

in

a

foster home and their propensity to engage in those activities complained

of

herein

of

sexually

~busing the minor child R.C.

7.

Upon information and belief, Defendants Division of Youth and

Family

Services

(n/k/a Division

of

Child Protection and Pennanency), John Does 6-.10 and ABC Corporations 1-

5, were negligent and or grossly negligent and reckless in that they knew or should have known

of

psychiatric/psychological disabilities

of


1-5

including

suspicion

of

their overall lack

of

fitness to

e

involved

wit

youth, youth programs, youth

education and/or

youth

counseling,

but

failed, at

all times

material hereto,

to

adopt an effective

established policy, guidelines or any other means whereby foster parents, foster siblings,

employees or other associates of the defendants would learn to

recognize

and report the

propensity of this type of deviant behavior or the behavior itself. f the named defendants had

not acted in such a negligent manner resulting in the hiring, supervision and retention, they

should have or would have known

of

the conduct complained

of

herein and

of

Defendants P P.

20


21/35

and

John

Does'

1-5,

propensity to engage in such activities prior to the acts whfoh fonn

the

basis o this Complaint.

8. Defendants Division of Youth and Family Services (n/lc/a Division o Child

Protection and Permanency), John

Does 6-10

and ABC Corporations 1-5, failed to protect the

minor child and warn the plaintiff or her parents/guardians o Defendants P.P. and John Does' 1-

5

dangerous propensities.

9. Defendants Division o Youth and Family Services (n/k/a Division o Child

Protection and Permanency), John Does 6-10 and ABC Corporations 1-5, as educational

organizations and/or representatives o community organizations, are granted special privileges

and immunities

by

society and are in a special relationship with Plaintiff. The named defendants

owed the plaintiff the highest duty o trust and confidence and are required to act in Plaintiff's

best interest. The named defendants' actions violated

tQat

relationship, breached Plaintiff's trust,

and breached their duty to Plaintiff. The named defendants have failed to act with

the

highest

degree o trust and confidence to protect the plaintiff from Defendants P.P. and John Does 1-5.

1

10.

At

all times relevant to this Complaint there was

an

intentional, reckless and/or

negligent and grossly negligent concealment and intentional, reckless or negligent failure to

report

inappropriate

sexual

touching,

assault,

conduct

between Defendants P.P. and John Does

1-

5

and the plaintiff. Upon information and belief, at times relevant to the within Complaint, each

o

the defendants knew or should have known that Defendants P.P.

and

John Does 1-5

committed the acts set

orth in

the

body o

this complaint against the plaintiff. Defendants

Pursuant to

Hardwicke v. American Boychoir,

188 N.J. 69 (2006), the Child

Se:xual

Abuse

Act

( CSAA )

established two classes o abusers: {l) persons

who

inflict the

abuse

("active abusers );

and

(2)

persons who

stand in

loco parentis

who

know o he

abuse

and fail to protect

the

minor ( passive abusers"). Hardwicke

maintains

that a

"person"

includes

institutions

because an entity such as

the

Division

o Youth and

Family

Services can

qualify

as

a

"guardian"

under the CSAA. lg

at

89.

Further.

the

general

definition of"person" under

Title 1, N.J.S.A.

1

1-2,

includes corporations. g.

Therefore,

the Division o Youth and

Family Services

is

a "person"

standing

in loco

parentis

within the

"household." ·

21


22/35

acquiesced or tolerated the commission

o

sexual assaults

o

the plaintiff

and

possible fictitious

others; suppressed and prevented reports, or negligently failed

to

report, suspicions o child

sexual abuse

in

violation ofN.J.S.A.

9:6-8.8

et. seq., and its predecessor statute;

to

acquiesce or

tolerate the commission

o

sexual assaults o the plaintiff

and

possible fictitious others;

to

wrongfully deprive the plaintiff

and

possible fictitious others

o

their causes

o action to

suppress

facts which would reveal the sexual abuse o the minor plaintiff to Plaintiff s parents/guardians

and others, thereby causing the minor plaintiff

to

suffer continued exposure

to

Defendants John

Does 1-5 and continued acts o sexual abuse, sexual assault, assault

and sexual

touching; and,

thereby causing the damages and injuri_es referred to elsewhere in the within Complaint.

11.

In

particular

and

without limitation, upon infonnation

and

belief, Defendants

Division o Youth

and

Family Services n/k/a Division o Child Protection

and

Pennanency),

John Does

6-10 and ABC Cm:porations

1-5, agreed to conceal or ignored

the

nature

o


1-5

conduct and predilections

so as to

facilitate the procurement

and tolerate the existence o sexual abuse o minors and, among other things to conceal or

ignore the exact nature o the acts

o

Defendants P.P. and John Does 1-5 and thus ensuring that

the plaintiff would

be

available

to

Defendants P.P. and

ohn

Does 1-5 for

continued and

future

commissions o acts

o

sexual abuse against PlaintiffR.C.

12.

It

was

and is the policy

o

Defendants Division o Youth and

Family

Services

(n/k/a Division o Child Protection and Permanency), John Does 6-10 and ABC Corporations 1-

5 to

tolerate the presence o and keep secret the identities o pedophiles and other sexual

offenders

as

functioning foster parents and/or foster families

in

the Division o Youth

and

Family


o

Child Protection and Permanency).

22


23/35

13.

It

is

specifically alleged

upon

information

and

belief that group leaders including

all defendants individual, entities, named and fictitious, never viewed

the

sexual assaults of

children by foster parents and/or members o foster families as moral failing, rather it was treated

as a secret that must be suppressed at the expense of the youth and the

community.

14.

Defendants Division o Youth

and

Family Services (n/k/a Division of

Child

Protection and Permanency), John

Does

6-10

and ABC

Corporations

1-5

failed to protect

the

minor child

and warn

Plaintiff

o

Defendants P.P.

and

John Does

1-5

dangerous propensities.

15.

Defendants Division o Youth and Family Services (n/k/a Division of Child

Protection

and

Permanency), John Does 6-10 and ABC Cotporations 1-5 failed to provide

reasonable supervision o Defendants P.P. and

ohn

Does

1-5.

16. Each

o the defendants Division o Youth and Family Services (n/k/a Division of

Child Protection

and

Permanency),

John

Does 6-10 and

ABC

Corporations

1-5

owed Plaintiff

the highest duty o care, trust and confidence and were required to act in Plaintiffs

best

interests

at all times. Defendants actions violated that relationship, breached the plaintiff s

trust

and

breached Defendant s duty to the plaintiff. Defendants have failed

to

act with the

highest degree

o trust and confidence to protect Plaintiff

from

sexual abuse.

17. The actions

complained

o hereinabove were at least negligent

and/or

grossly

negligent and were malicious, willful, intentional, and a revealed a reckless and wanton disregard

and indifference

for

the safety and protection

o

Plaintiff

and

the rights o the minor-plaintiff.

18.

As

a direct

and

proximate result

o

the conduct described herein

above

Plaintiff

has suffered physical injury; severe emotional distress; diminished ~joyment o life; diminished

enjoyment of childhood; difficulty and

an

inability to focus; difficulty and an inability

to

perform


23


24/35

embarrassment; is having and has had difficulty living a normal life; is and has not engaged in

normal development and activities; suffers

from

behavior patterns and

wiJI

continue

to

do

so in

the future; will

in

the future

be

caused

to

endure severe pain

in

mind and body;

has

endured

interference

with

and will continue

to

endure interference with engaging in her

full

nonnal daily

activities. Plaintiff s self-esteem and ability

to


making

it

difficult

to

obtain

help

and treatment from professionals

and


in general and may incur medical, hospital and psychiatric

expenses

in amounts yet

to

be

determined.

9.

. The actions

of

Defendants Division

of

Youth and

Family


of

Child Protection and Permanency), P.P., John Does 1 10

and ABC

Corporations

1-5

.as

alleged herein shattered the natural

human

trust inherent in a child s relationship

with an

authority figure, thereby causing

and

contributing to psychological injuries

to

Plaintiff,

necessitating

the

need

for

future psychological care

and

treatment, resulting

in

loss of earnings

and loss of future earning capacity and

was

caused

to

sustain other great losses

all

contributing

to

her damages in dollar sum subject

to

proof

at

the time

of rial.

20. All

defendants acted carelessly, recklessly, negligently,

and

grossly

negligent and

caused or allowed

to

be caused great

h nn

to minor-plaintiff R.C. by allowing or perpetuating


WHEREFORE

~laintiff hereby demands judgment against Defendants Timothy

Delmont, Division

of

Youth and Family Senrices (n/k/a Division of Child

Protection

and

Permanency), John Does 6-10 and ABC Corporations 1-5, for compensatory

and

punitive

damages, interest, costs of suit, attorneys

fees

and such other relief as the court

or

jury may

deem proper.

4


25/35

·coUNTTEN

NEGLIGENT

ENTRUSTMENT BREACH

OF

FIDUCIARY DUTY AND

RESPONDEAT SUPERIOR

AS

TO

DEFENDANTS

DIVISION OF

YOUTH AND

FAMILY SERVICES, .JOHN DOES 6-10 AND

ABC

CORPORATIONS 1-5

I . Plaintiff repeats and reiterates all of he allegations contained in the

previous counts and/or paragraphs as if set forth at length herein.

2. Defendants Division

of

Youth and Family Services (n/k/a Division of Child

Protection and Permanency), P.P., John Does 1-10 and ABC Cmporations 1-5 are-liable for the

sexual

abuse

ofPlaintiffunder the Doctrine ofRespondeat Superior, vicarious

liability and

based

upon generally accepted principles of Agency Laws.

3. At all times material hereto, Defendants, Division of Youth and Family Services,

(n/k/a Division of Child Protection and Permanency), P.P., John Does 1-10 and ABC

Corporations 1-5 occupied a special and fiduciary relationship parents, guardians and/or

program representatives between themselves and Plaintiff.

4 As parents, guardians, and/or program representatives where Plaintiffwas a foster

child, Defendants had a fiduciary obligation to Plaintiff, as during said

time

on

the

premises

and/or in the presence of Defendants

P.P.

and John Does 1-5 Plaintiff looked to Defendants P.P.

and John Does

1-:5

as figures of authority and trust, and believed he would be guided, supervised

and/or protected by Defendants P.P.

and John

Does 1-5. Instead, Defendants P.P.

and ohn

Does

1 5 violated

the

tmst and confidence reposed in them

y

Plaintiff

and

Plaintiff s

parents/guardians, and utilized their status and role as an authority figure to obtain an unfair

advantage over Plaintiff.

25


26/35

5 Under their fiduciary relationship, Division of Youth and Family Services (nfkJa

Division of

Child

Protection and Pennanency), P.P.,

John

Does 1-10 and ABC Cmporations 1-5

were entrusted with the well-being, care, and safe ty

of

PlaintiffR.C.

6

Under their fiduciary relationship, Division

of

Youth and Family Services (nfkJa

Division

ofChild

Protection and Permanency), P.P., John Does 1-10

and.ABC

Corporations 1-5

assumed a duty to act in the best interest

of

PlaintiffR.C.

7

Defendants Division of Youth and Family Services (n/k/a Division

of Child

Protection and Permanency), P.P.,

John

Does 1-10 and ABC Corporations 1-5, breached their

fiduciary duty to Plaintif fRC

8 At all times

relevant

hereto,

the defendants Division of Youth and

Family


of

Child Protection and Permanency), P.P., John Does 1-10 and ABC

Corporations 1-5, as parents, guardians, managers, representatives, agents, servants and

employees and through that employment the various defendant corporate entities, to wit,

Division

of

Youth and Family Services (nfkJa Division

of

Child Protection and Pennanency),

John

Does 6-10 and

ABC

Corporations 1-5, gave to said foster parents, managers,

representatives, agents,· servants

and

employees general responsibilities, duties, trust and special

undertakings.

10. Plaintiff entrusted his body and emotional and physical safety to Defendants. The

named defendants impliedly accepted and assumed the duty

to

protect said plaintiff from hann,

including sexual abuse

y

Defendants P.P. and

John

Does 1-5, their officers, agents and

employees, while said plainti ff was n the care

ofor

on the premises

of

the defendants.

11. The original contact

of

Defendants P P. and

John

Does 1-5 with Plaintiff came as

a result of the plaintiff s involvement with the Division of Youth and Family Services (n/k/a

26


27/35

Division of

Child

Protection

and

Pennanency), and/or as a result

of

Defendants P.P.

and

ohn

Does

1~5,

status

as

members

of

foster families in the program

and

their direct invitation to

the

minor plaintiff

to

spend time with

them.

12. As a direct

and

proximate result of the conduct described herein above, Plaintiff

has suffered physical injury; severe emotional distress; diminished eajoyment

of life;

diminished

enjoyment

of

childhood; difficulty and

an

inability

to

focus; difficulty

and an

inability to perfonn

educational

tasks;

anxiety; depression; humiliation; pain in mind and

body;

severe

embarrassment; is having and has had difficulty living a nomial life; is and

has

not engaged in

normal development and activities; suffers rom behavior patterns and

wil

continue to do so in

the

future;

will

in

the

futw e

be caused

to

endure severe pain in mind

and body; has

endured

interference with and will continue to endure interference with engaging

in

her

full

nonnal daily

activities. Plaintiffs

self~esteem and

ability

to


making it difficult

to

obtain help and treatment from professionals and health care professionals

in general and may incur medical, hospital and psychiatric expenses

in

amounts

yet

to be

determined.

13.

The actions of Defendants Division

of

Youth and Family Services

(n/k/a

Division

of

Child Protection and Permanency), P.P., John

oes

1-10 and ABC Corporations 1-5, as

alleged herein shattered the natural

human

trust inherent in a child s relationship with an

authority figure, thereby causing and contributing to psychological injuries

to

Plaintiff,

necessitating the need for future psychological care and

trea1ment,

resulting

in

loss of earnings

and loss

of

future earning capacity and was caused

to

sustain other great losses all contributing

to

her damages

in

dollar sum subject

to

proof

at

the time

of

trial.

27


28/35

18

AU

defendants acted carelessly, recklessly, negligently,

and

grossly negligent, and

caused or allowed

to be

caused great hann to minor-plaintiff R.C. by allowing or perpetuating

sexual molestation

of

he minor child.

WHEREFORE Plaintiff hereby demands judgment against Defendants Division of

Youth and

Family

Services (n/k/a Division of Child Protection and Permanency),

P.P.

John

· Does 1-10 and ABC CC>rporations 1-5, for compensatory and punitive damages, interest, costs of

suit, attorneys fees

and

such other relief

as

the court or ury may deem proper.

COUNT

ELEVEN

FRAUDULENT CONCEALMENT/MISREPRESENTATION

AS TO

ALL

DEFENDANTS,

DIVISION

OF YOUTH AND FAMILY

SERVICES

JOHN

DOES

6-10 AND

ABC CORPORATIONS

1-5

1. Plaintiff repeats and reiterates all

of

the allegations contained in the previous

counts and/or paragraphs

as

ifset forth at length herein.

2. Upon information and belief, Division of Y outb and Family Services (n/k/a

Division of Child Protection and Permanency), P.P., John Does 1-10 and ABC Corporations 1-5,

motivated by their· desire to prevent knowledge from being disseminated, prevent criminal

prosecution, and minimize disgrace and scandal, and by their desire to retain the active service of

a foster parent and/or foster family and/or manifestly and impliedly protect said Defendants

perception

of

the rights of such foster parent and/or foster family over and above the

rights and

safety of potential minor victims, under the laws of the State of New Jersey n violation of

N.J.S.A. 9:6-8.8 et seq. and/or the United States, thereby taldng a risk with and/or egregiously

endangering the safety of such victims, agreed to enter into a conspiracy, conspired to and did

fraudulently conceal and/or misrepresent their knowledge, negligence, and activities from

Plaintiff R.C. Said Defendants engaged in a course of conduct including, but not limited to the

28


29/35

making

of

and/or permitting and environment

of

secrecy, the making

of

and/or false

representations, promises, duress and/or failure to disclose and/or suppression

of

material facts,

designed to prevent victims such as Plaintiff, from timely discovering and/or recognizing the

wrongfulness

of

Defendants actions and

laintiffs

resultant injuries, as well as the causes

of

action - all as more specifically set forth in detail elsewhere in this Complaint.

3. Defendants willfully misrepresented, and deliberately misled PlaintiffR.C. and/or

failed to protect, warn and/or inform

her

for at least one 1)

of

the following unreasonable

reasons:

(a) thei r interest

in

protecting defendants

P.P.

and

John

Does .

1-5,

and/or any

or

all

of

the remainder

of

the named

defendants, themselves, each

of

them and all of them, in

particular, Division

of

Youth and Family Services (n/k/a

Division

of

Child Protection and Permanency), in general,

from investigation;

(b)

to protect the

activities of

P.P. and

John

Does 1-5 and/or

any

or ail

.of the

remainder

of the

named . defendants,

themselves, each of them and all of

them,

n particular, and

Division

of

Youth and Family Services (n/lda Division

of

Child Protection and Permanency), in general, from

investigation,

etc. in general;

and/or

( c) the injuries to Plaintiff

that

were likely to result, and that

did

in

fact

result, were outweighed

by

the protection

of

the

•

Division

of


of

29


30/35

Child Protection and Permanency) program, the defendants

in general, from investigation, etc.

4. Because of Plaintiffs positions and Defendants positions and authorities, the

plaintiff reasonably relied upon Defendants misrepresentations and/or acts of omission and/or

commission.

5. Due in

part to the Defendants fraudulent concealment, Plaintiff herein lacked

actual or constructive knowledge

of

the factual and/or legal basis for this lawsuit, particularly

against the Defendants, and were prevented from realizing the wrongfulness

of

Defendants

actions and Plaintiff s resulting harm, and from remediating that hann.

6. Plaintiff, despite his exercise of due diligence, was prevented from discovering

these causes of action set forth herein, as a direct result ofDefendants conduct.

7. t all times material hereto, the actions

of

said Defendants were willful wanton,

malicious, reckless, and outrageous in their disregard for the rights and safety

of

Plaintiff.

8. As a direct and/or proximate result of said Defendants conduct, Plaintiff has

suffered the injuries and damages described herein.


caused or allowed to be caused great harm to minor-plaintiff R.C. by allowing or perpetuating

sexual molestation

of

he minor child.

WHEREFORE Plaintiff demands judgment against all of the defendants, jointly,

severally and/or in the alternative, for compensatory damages, and for punitive damages,

together

with

interest

and costs. ·

COUNT TWELVE

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CONSPIRACY TO COMMIT ACTS AND

VIOLATE PLAINTIFF S

RIGHTS AS u

ALL DEFENDANTS,

DIVISION

OF

YOUTH AND

FAMILY

SERVICES, P.P., JOHN

DOES 1-SANDABCCORPORATIONS 1-S

1. Plaintiff repeats and reiterates

all

of the allegations contained in the

previous

counts

and/or paragraphs as if set

forth

at length

herein.

2. Upon information and belief, the defendants, Division of Youth and Family

Services

n/k:Ja Division

of Child Protection and Pennanency), P.P., John D,?es

1-10

and ABC

Corporations

1-5,

motivated by their desire to prevent knowledge, prevent criminal prosecution,

and minimize

disgrace

and scandal, and by their desire to retain the active service of a foster

parent,

employee, agent,

servant and/or volunteer, and/or manifestly

and

impliedly protect said

Defendants perception of the rights of such

adult

foster parent, employee, agent, servant and/or

volunteer over

and above

the rights and safety of the minor victim

and

other

potential

minor

victims

and to

protect Defendants themselves,

each and

aU of them, under

the laws

of the State

of New Jersey

and the

United States, thereby risking

the

safety of

such

victims,

agreed

to by

their overt

acts,

omissions and/or verbal

and

non-verbal agreements, conceal,

cover

up,

and

thereby entered and/or conspired, aided and/or abetted to commit the acts complained

of

herein

and to violate the rights of minor children, including, but not limited to, the plaintiff.

3. n furtherance of said conspiracy and/or agreement, Defendants, through their

position and authority

as

leaders, and/or in their unique authority and coercion over Plaintiff,

overtly protected,

P.P. and John

Does

1-:5,

and thereby themselves, Defendants, each of

them

and

all

of

them, and facilitated their access to minor children, including, but not limited to, Plaintiff,

engaged in a

cover-up

of their activities, and thereby prevented the plaintiff from discovering the

wrongfulness of defendants P.P. and John Does 1-5 actions, and otherwise

acted

to injure

PlaintiffR.C.

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4. At all times material hereto, the actions of Defendants were willful, wanton,

malicious, reckless, outrageous and/or negligent in their disregard for the rights and safety of

Plaintiff.

5. Said conduct has continued up

to

and including

the

present time.

6 As a direct

and

proximate result, Plaintiff has suffered and will continue to suffer

the injuries and damages described herein.

7 All defendants acted care]essly, recklessly, negligently, and grossly negligent, and

caused or allowed to

be

caused great harm to minor-plaintiff R.C.

by

allowing

or

perpetuating

sexual molestation of the

minor

child.

WHEREFORE Plaintiff demands judgment against all

of

the defendants, jointly,

severally and/or in the a1temative, for compensatory damages, and for punitive damages,

together with interest and costs.

COUNT THIRTEEN

BREACH OF STATUTORY

DUTY,

INCLUDING

BUT

NOT

LIMITED

TO

THE DUTY

IMPOSED

BY

N.J.S.A.

9:6-8.10

ET

SEO

AND ITS

PREDECESSOR

STATUTE AS

TO

ALL

DEFENDANTS.

DIVISION OF voum

AND

FAMILy SERVICES

P.P.,

JOHN

DOES

1-5 AND

ABC

CORPORATIONS

1-S

I. Plaintif f repeats

and

reiterates all of the allegations · contained in the previous

counts and/or paragraphs as if set

forth

at length herein.

2. Defendants Division

of Youth and Family Services n/k/a Division of Child

Protection and Permanency), P.P., John Does 1-10 and

ABC

Corporations 1-5,

had

a statutorily-

imposed duty to report reasonable suspicion of

abuse

by

Defendants John Does 1-5

of

the minor

in their household, including, but

not

limited to, the duty imposed

y

N.J.S.A. 9:6-8.10 et seq.,

and its predecessor statute.

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3. Defendants breached that duty by failing to report reasonable suspicion

of

abuse

by Defendants

John

Does

1-S

of the minor in their household.

4. As a direct and/or indirect result of said conduct, Plaintiff has suffered injuries

and

damages described herein.

5

All

defendants carelessly, recklessly, negligently nd acted with gross negligence

and caused or allowed to be caused great harm to minor-plaintiff R.C. by allowini

or

perpetuating sexual molestation of he minor child.

WHEREFORE Plaintiff demands judgment against a

of

the defendants, jointly,

severally and/or in the alternative, for compensatory damages, and for punitive damages,

together

with

interest and costs.

FUGGI

LAW

FIRM P.C.

Dated: ~ 15 /5

JURY DEMAND

Plaintiff hereby demands a trial

by

a

jury

on all

of

the issues contained herein.

DESIGNATION

OF

TRI L COUNSEL

ROBERT R. FUGGI, JR. is hereby designated as trlai counsel in this matter.

PLAINTIFF S

DEMAND

FOR

DAMAGES

Plaintiff

hereby

demands damages from

a

defendants in an amount

to

be determined

at

trial.

FUGGI LAW

FIRM P.C.

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Dated: -/5 /5

CERTIFICATION

Pursuant

to

R 4:5-1

it is

hereby certified that the matter n controversy

is not

the subject

of

any other action pending in any Court or arbitration proceeding and plaintiffs

do

not

contemplate any other action or Arbitration proceeding.

1 certify that the foregoing statements made by me are true and correct to the best ofmy

knowledge and infonnation. I am aware that if any of the foregoing statements made by me

are

willfully false I am subject

to

punishment.

FUGGI LAW FIRM P.C.

Dated: IJ. /5 /5

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rc v nj department of children and families dyfs

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