IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JACQUE HOI,LANDER

Plaintiff

¥.
Case N -
JAMES BROWN
JAMES BROWN ENTERPRISES, INC.

Defendant

COMPLAINT

Plaintiff, JACQUE HOLLANDER, by and through her attorney Donald Rosen,

for her complaint against Defendants JAMES BROWN (hereinafter referred to as

"Brown") and JAMES BROWN ENTERPRISES, INC. (hereinafter r ~,~." ........: .........: .....
eferrcd

"Brown Enterprises"), both jointly and severally, and alleges as lbllows: i,.~ ~.,, ,~ ~.- .

PARTIES

Plaintiff is a citizen of Illinois.

2. On information and belief, Defendant Brown is a citizen of South Carolina

whose address is 430 Douglas Drive, Beach Isling South Carolina.

3. On information and belief, Defendant Brown Enterprises is a corporation

licensed and doing business in Georgia, whose main offices are located at 1217 Wcsl

Medical Park Road, Augusta Georgia.

 JURISDICTION AND VENUE

Federal Court original jurisdiction of this action is conferred pursuanl to

1332 because this matter is between citizens of different statcs and the

amount in question exceeds $75,000 (seventy five thousand dollars.)

5. Federal Court supplemental jurisdiction of this action is confcrred

pursuant to 28 U.S.C. § 1367 as all claims in this action are related to and [brm lhe same

controversy that regards Federal Court original jurisdiction.

6. Jurisdiction in the Northern District of Illinois is proper pursuant to 28

U.S.C. § 1391 because a substantial part of the events giving rise to the claim occurred in

the Northern District of Illinois.

STATEMENT OF THE CASE

7. Between the years 1987 and 1988, Defendants retained Plaintiff to aid

them with public relations. As part of the compensation for this service, Defendants

agreed to aid Plaintiff in her aspirations to establish a career as a songwriter.

8. On information and belief, Albert Dallas (hereinafter tel’erred to as

"Dallas") was the attorney for both Brown and Brown Enterprises during the entire

period relevant to the claims contained herein.

9. Between March and April of 1988, Dallas requested that Plaintiff provide

him with a waiver and letter of recommendation that she is of good character and could

accompany Broma as a passenger in his vehicle. Plaintiff, with Dallas’ advice, had an

attorney prepare the document. Plaintiff agreed to meet Brown and Dallas at the
corporate offices of Brown Enterprises in Augusta, Georgia to deliver the document and

discuss their plans for Plaintiff’s songwriting career.

10. In April of 1988, Plaintiff arrived at the offices of Brown Enterprises.

There she met with Brown and Dallas. The parties had some perfunctory discussion of

what Plaintiff’s name and appearance should be. Brown stated that he would call Plaintiff

Jackie Doll. Brown then wrote the name on a piece of paper, and handed the paper to

Plaintiff. Brown then asked Plaintiff to run an errand and pick up some Brunswick stew

for him at a local store.

11. Plaintiff ran the errand as requested. When she returned, Brown was

having an argument with Dallas. Dallas told Plaintiff to accompany Brown in Brown’s

van because Brown wanted to show Plaintiff a Volkswagen Rabbit that he was having

customized for his daughter’s birthday.

12. Plaintiff first went to her car, which was parked near Brown’s van, in

order to store some tapes that she brought with her. From her car, Plaintiff observed

Brown exit the offices alone carrying what appeared to be a shotgun. Brown entered his

van and waited for Plaintiff to join him.

13. Plaintiff assumed that the shotgun was for Brown’s personal security in

the absence of bodyguards. Plaintiff accompanied Brown in his van and Brown drove to

an automobile dealership where, at Brown’s request, Plaintiff was given a tour of the

facility by dealership staff. While Plaintifftoured the facility, Brown met with other staff

at the dealership for about an hour. Plaintiff was never shown a specific vehicle that

Brown was having customized.

 14. After Brown returned, Plaintiff accompanied Brown from the dealership

into his van. Plaintiff expected that Brown would return Plaintiff to the office where her

car was located.

15. Brown began driving recklessly, speeding and swerving unexpectedly.

Plaintiff observed foam forming in Brown’s mouth and that Brown exhibited spastic

facial movements. Plaintiff pleaded with Brown to slow down the vehicle, but he refused.

Brown spoke incoherently about his observations on trees and other scenery. Brown

stated to Plaintiff that the government was following him and that the government was

putting things in his water. He threatened Plaintiff to silence.

16. Brown exited the highway onto a deserted property in South Carolina and

stopped the vehicle.

17. Brown ordered Plaintiff into the back seat of the van. Brown then ordered

Plalntiffto remove her clothing. Plaintiff pleaded with Brown not to make her do this.

Brown responded by grasping the shotgun and threatening to harm Plaintiff if she failed

to comply.

18. Over the next several hours Brown raped, beat and mentally tortured

Plaintiff. Brown eventually returned Plaintiff to the office in Augusta Georgia. Brown

threatened that. he would have Plaintiff killed if she told anyone what had happened.

19. On or about December 27, 2000, in Illinois, Plaintiff was diagnosed with

the condition known as "Grave’s Disease."

20. In 2003, in Illinois, Plaintiff’s treating physician informed her that the

actual and proximate cause of her Grave’s disease was the rape and torture perpetrated by

Brown in 1988.

4
 21. Grave’s Disease is a degenerative condition that will cause significant

health problems and possibly premature death.

COUNT I - FALSE IMPRISONMENT (BROWN)

22. Paragraphs 6 - 21 are re-alleged and made part of this section as Count I.

23. Plaintiff could not exit the van driven by Brown without causing herself

grievous bodily injury.

24. Despite repeated requests by Plaintiff, Brown refused to allow Plaintiff to

leave the van.

25. Brown refused to stop or even slow down the van until he arrived at the

secluded area at which he tortured and raped Plaintiff.

26. Brown did not have a lawful reason or process to detain Plaintiff.

27. After Brown stopped the vehicle, Brown threatened Plaintiff with bodily

harm if she attempted to leave. It was reasonable for Plaintiff to believe that such harm

was imminent as Brown brandished a deadly weapon and appeared capable of using it.

28. As a direct result of the previously described events, Plaintiff suffers

damages from the condition known as Grave’s Disease.

COUNT II - SEXUAL ASSAULT AND BATTERY (BROWN)

29. Paragraphs 6 - 21 are re-alleged and made part of this section as Count II.

30. After stopping the vehicle, Brown brandished his shotgun and performed

the following acts to Plaintiff under the threat of deadly force:

a. Brown threatened to kill Plaintiff.

b. Brown forced Plaintiff, to take offher clothes.

c. Brown forced Plaintiff to. have sexual intercourse.

 d. Brown battered Plaintiff by stalking Plaintiff, pulling Plaintiff’s hair,

slamming her head against the inside of the car wail and slamming

Plaintiff’s body against various surfaces inside the van.

e. Brown forced Plaintiff to have oral sex.

f. Brown attempted to sodomize Plaintiff.

31. At no time did Plaintiff consent to any of the above acts. Plaintiff’s

participation in the above acts was prompted by fear of Brown’s threat to harm her if she

failed to comply. It was reasonable for Plaintiff to believe that such harm was imminent

as Brown brandished a deadly weapon and appeared capable of using it.

32. As a direct result of the previously described events, Plaintiff suffers

damages from the condition known as Grave’s Disease.

COUNT III - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (BROWN)

33. Paragraphs 6 - 21 are re-alleged and made part of this section as Count III.

34. Brown knew, or should have known, that the previously described events

would cause significant trauma to Plaintiff.

35. The stress related to the previously described events did cause significant

psychological and physiological trauma to Plaintiff.

36. As a direct result of the previously described events, Plaintiff suffers

damages from the condition known as Grave?s Disease.

COUNT IV -NEGLIGENCE (BROWN AND BROWN ENTERPRISES)

37. Paragraphs 6 - 21 are re-alleged and made part of this section as Count

IVo
 38. On information and belief, immediately prior to or while traveling with

Plaintiff, Brown ingested, or otherwise took, a substance that impaired his ability to

conduct himself with reasonable safety.

39. As an invited passenger, Brown owed a duty to Plaintiff to not partake in a

substance that would so impair his ability that it would place Plaintiff in jeopardy.

40. It was reasonably foreseeable that Brown’s actions would result in injury

to Plaintiff.

41. Plaintiff’s injuries are a direct and proximate result of Brown’s actions.

42. On information and belief, Brown Enterprises knew of Brown’s behavior

and drug usage and failed to take steps to mitigate the situation. Brown Enterprises owed

a duty to Plaintiff to either act to prevent Brown from taking Plaintiff in his vehicle, or to

warn Plaintiff of the risks.

43. As a direct result of the previously described events, Plaintiff suffers

damages from the condition known as Grave’s Disease.

COUNT V - RESPONDEAT SUPERIOR (BROWN ENTERPRISES)

44. Paragraphs 6 - 43 are re-alleged and made part of this section as Count V.

45. Plaintiff met with, and accompanied Brown pursuant to her music career

and public relations employment with Brown Enterprises. Brown and Dallas implied, and

it was understood by Plaintiff, that Brown intended to continue discussing Plaintiff’s

career during the excursion to the automobile dealership.

46. On information and belief, Brown Enterprises knew of Brown’s behavior

and drug usage and failed to take steps to mitigate the situation.

7
 47. As a direct result of the previously described events, Plaintiff suffers

damages from the condition known as Grave’s Disease.

RELIEF SOUGHT

48. Plaintiff seeks compensatory damages of $5,000,000 for past and future

medical costs.

49. Plaintiff seeks compensatory damages of $100,000,000 for physical and

emotional distress.

50. Plaintiff seeks compensatory damages of $1,000,000 for loss of past and

future earnings.

51. Plaintiff seeks reasonable court costs and fees related to this action.

52. Plaintiff seeks punitive damages to be determined.

53. Plaintiff seeks any other relief as may be reasonable and just.

RESPECTFULLY SUBMITTED,
JACQUE HOLLANDER

By: I-Ier Counsel

-

¯ <L~.-\ ....... ~ Donald Rosen, Esq.

ARDC #6278899
1949 Cherokee Road
Carpentersville, Illinois 60110
(847) 322-3806

8
 j (Roy. 3/99) CIVIL COVER SHEET
The JS-44 civil cover sheet and the information contained herein neither replace nbr supplement the filing and service of pIcadings or other papers as required
by taw, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the
use of the Clerk of Court for the purpose of initiating ~:ci-vi] dock~ s~~et. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
(a) PLAINTIFFS , ¯." ’ ’ ’" ,-: :. .:T,.!: ~TH( DEFENDANTS

County of Residence of First Listed /~]Ol~ (’OORF ~O~nty of Reside~eofFirstListed

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
¯ NOTE: IN LAND CONDEMNATION CA$~.~F,~L~C,6.~DF THE
. GOH HALL
(C) Attorney’s (Firm Name, Address, and Telephone Number) ,

~,:C~S~OF P~C~ P~Se~.~’.~; ~ o~ Bo. fo. Plala~

~F@F~ ~: ¯ :’
:" ’:~ :"~’~’" "’’ ~;~" DEF ....... ~F DEF
O 1 U.S. Govemmem ~ 3 Federal QuestJon
Plaintiff (U.S. Government Not a Party) of B~s In ~is

[] 2 U.S. Oovemm¢nt ’ 4~ivemity

Defendant (Indicate Citizeasldp of Patties ofB~ ~ Another S~t¢
in Item Ill)
CidzenorSubjectofa [] 3 [] 3 FomignNation [] 6 [] 6

IV. NATURE OF SUIT

CONTRACT B~t~rcv OTItER STATUTES
[] 110 Insurance PERSONAL INJURY PERSONAL INJURY [] 610 Agriculture [] 422 App~a! 28 USC 158 [] 400 $~ate Reappo~onmcnt
[] 120 Marine [] 310 Aiqflane ¯ G 362 PF~onal lnjut~ [] 620 Other Food & Drag [] 410 Antitrust
130 M~ler Act [] 315 Airplane Product Me.d. Malpractice [] ..6e25.,Dmg Related Seizure [] 423 Withdrawal . [] 4.-10 Banl~ and Banking
~ 365 Personal lnjuw ~
140.NegofisbIe lns~’umcnt
[] 150 R~ove~ of Ow~a~m ~ Liability
Assault, Libel &
Slander
Product Liability
n 368 Azbestos Pomona]
0
0f PmEerty 21 USC
630 Liquor Laws
[] 640 P.P,. & Track
28 USC 157
PROPERTY RIGHTS
[] 450 Commctce/ICC Rate, z/etc.
[] 4~0 Depomdo~
rl 470 Racketeer Influenced and
& ~fo~cnt of Jud~eat
151 M~dica~ Act 330 Federal ~ploye~s’ injury Product 0 650 kidin~ Regs. Con’upt Organizations
Liability . Liability [] t/20 Copyrights
152 R~ww0f~ul~ [] .660.Occupational El 810 Sdecdvo $orvlce
[] 340 Marine PERSONAL PROPERTY [] 830 Pa~t
S~deat .. ;. ,...,,S, afety/Health [] 850 S¢¢utifiu/Commoditicd
[] 840 Trademark
(~cl. [] 345 Marine Pradu~t: " [] 370 Other Fraud O 69~ Other Exchange
[53 R~ow~ of Ov~nl Liability [] 371 Troth hl L~adlng [] 875 Castomer Challenge
of V~mn’s [] 350 Motor Vehicle [] 380 Other Personal : :: LABOR SOCIAl, SECURITY .I2 USC 3~10
I6OS~c~olde~’ Sui~
190
195 Coa~t ~duct~abili~ ~ 5605Product Liability
Motor Vehicle
Other personal [nj.
l:h’npcrty Damage
[] 385 Property Damage
Produ,-t Liability
[]
13 710 Fair Labor Standards
¯ . Act
720 Labor[MgmL Relations
[]
[]
[]
[]
861 HIA(1395ff)
862 Black Lung (923)
863 DIWC/DIWW(405(g))
864 S$IDTflle XVI
[] 891 Agriuui~u-el Acts
f’l 892 ~onomic Stabilization Act
[] 893 EuvLmameutal Matters
[] 894 Energy Allocation Act
~EALPROPERTY J CIVIL RIGHTS l PRISOI~PER PETITIONS [] 895 F~eedom of
[] 7~0 I,~bor/Mgmt, Repo~ng 0 865 I~I
441 Voting l i-1 510 Motions to Vacam Irdotmadon Act
[] 210 LandCondcmna6oa ¯ & Disclosure Act
[] 442 Employment Sentence [] 740 Railway Labor ACt FEDERAL TAX SUITS El ~00 Appeal of Fee
[] 220 Foreclosure
[] 443 Homing/ Habeas Coq~un: Determination Under
[] 230 R~nt Laase& Ejecar~nt [] 870 Ta~(U.S. Plaindff Equal Access to Justice
[] 240 Torts ~ Land AccomJnodadons i[] ~30Geneml [] 790 Other Labor Litigation
.-:!.: .... or Defendant) [] 950 Co~tiligionality of
[] 24:~ Tort Prod~ctl..i~bi!i~y [] 444 Welfare ’ [] $35 Death Penalty State Statutes
290 All O&,’r Real Property 440 Other Civil Rights . ~ -~ Mandamus & O~¢r El 7~.! .F.mpL Rot. the. [] 871 [RS-.-Third Party El 890 Other $~alutow Aedom
~ ~60Civil ~gh~ Se~urhy Act 26 use 7609
~ H 555 Prison Condi~on
Appeal to
V. ORIGIN (PLA(~E AN "X, IN ONE Box ONLY) District
Transferred f~om Judge f~om
[] I Original I-I 2 Removed from [] 3 Rm-nanded from [] 4 Reinstated or [] 5 another district [] 6 Multidistdct O 7 Magi~trate
Proceeding State Cou~ Appellate Court (specify) Litigation
Reopened .Inclement
(Cite the U.S. C~vil Statute under which you: ate filing and wr[~ brief statement of cause.
VI. CAUSE OF ACTION Do not c[tejttrisdiet~onal statutes unless diwrs[ty.)

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION / DEMA_ND ~ ’ CHEC[Z YES only ifdem~ndc~’omp/aint:
COMPLAINT: / UNDER F.1LC.P. 23 ..... : J]JRY DEMAND: [a~es [] No

is not a reffling of a previously dismissed action.

This case
is a ref’ding of case ,, previously dismissed by Judge
DATE
APPEARANCES ARE HEREBY FILED BY THE UNDE~~]G-NED AS ATTORNEY(S) FOR:

(A) (B)
SIGNATURE
SIGNA~ ....

NAME
DOCKETED
~I,~M
JAN 0 6 ZO05
STREET ADDRESS

TELEPHONE NUMBER

E-MAIL ADDRESS

IDENTIFICATION NUMBER ,[SEE ITEM 4 ON REVERSE}

M~.r~R OETR~*I. BAR’: ’,’ES [] NO []

TRIAL ATTORNEY‘). YES NO [] T,~,,,.A~rORNE,’, ,’ES [] NO[]
DESIGNATED AS LOCAL COUNSEL? YES [] ~O []

(0 (D)
SIGNATURE SIGNATURE

NAME N~ME

FIRM

STREET ADDRESS STREET ADDRESS

CITYiSTATE/ZIP CITYISTAT,~Z1P

TELEPHONE NUMBER

E-MAIL ADDRESS
FAX NUMBER TELEI~HONE NUMBER

E-MAIL ADDRESS
IFAXNUMBER

IDENTIFICA"rlON NUMBER (SEE ITEM 4 ON REVERSE) IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR’:’ YES [~] NO MEMBER OF TRIAL BAR’? YES

~’=,AL A~TOR~EY? YEs [] ~o [] TRIAL ATTORNEY’? YES []

DESIGNATED AS LI~’AL COUNSEL? YES [] NO DESIGNATED AS LOCALCOUNSEL? YES []
~[~l