Child Porn Victims Sue Former Pa. College Professor

Case 1:16-cv-00303-BR Document 1 Filed 12/19/16 Page 1 of 21
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF PENNSYLVANIA
JANE DOE as next friend for FIONA, a minor,

ERIN, VICKY,
JANE ROE as next friend for
SKYLAR and SAVANNAH, minors,
JOHN DOE as next friend for SALLY
and SIERRA, minors, and SARAH
Civ. No.
1:16-cv-303
COMPLAINT
Plaintiffs,
v.
KIRK NESSET,
Jury Trial Demanded
Defendant.
Minor Fiona, proceeding by and through her next friend Jane Doe; Erin; Vicky;
minors Skylar and Savannah, proceeding by and through their next friend Jane Roe;
minors Sally and Sierra, proceeding by and through their next friend John Doe; and
Sarah, through their attorneys of record Marsh Law Firm PLLC and Carol Hepburn P.S.,
allege for their complaint as follows:
NATURE OF THE ACTION
1.
This is a suit for damages arising out of the Defendants violations of federal
criminal child pornography statute 18 U.S.C. 2252(a)(2) and (a)(4)(B).

2.
18 U.S.C. 2255(a) allows victims of child pornography to recover damages
of no less than $150,000 each and the cost of the suit, including reasonable attorneys fees,
from individuals who violate 18 U.S.C. 2252.
3.
18 U.S.C. 2252A(f) allows any person aggrieved by a violation of Section
2252A to obtain compensatory and punitive damages, the costs of the civil action, and
reasonable fees for attorneys and expert witnesses.
4.
The Defendants criminal conduct constituted tortious invasion of the
Plaintiffs privacy for which they also sue and are entitled to compensatory damages and
attorneys fees.
5.
The Defendants extreme and outrageous conduct constituted intentional
infliction of emotional distress for which the Plaintiffs are entitled to compensatory
damages.
PARTIES
6.
Plaintiff Fiona is currently a minor under the age of 18 who currently
resides outside the Commonwealth of Pennsylvania.

7.
Plaintiff Erin is an adult over the age of 18 who currently resides outside
the Commonwealth of Pennsylvania.

8.
Jane Doe is a pseudonym for Fionas legal guardian and her next friend for the
purposes of this litigation.

9.
Erin and Fiona are pseudonyms for the victims depicted in the child
pornography series known as BluesPink.

10.
Vicky is an adult over the age of 18 who currently resides outside the
Commonwealth of Pennsylvania.
11.
Vicky is the pseudonym for the victim depicted in the Vicky child
pornography series.
12.
Skylar and Savannah are currently minors under the age of 18 who
currently reside outside the Commonwealth of Pennsylvania

13.
Jane Roe is a pseudonym for Skylar and Savannahs parent and court
appointed conservator, and is their next friend for the purposes of this litigation.
14.
John Doe is a pseudonym for Sally and Sierras parent and court
appointed conservator, and is their next friend for the purposes of this litigation.
15.
Sally and Sierra are currently minors under the age of 18 who currently
reside outside the Commonwealth of Pennsylvania.

16.
Skylar, Savannah, Sally, and Sierra are pseudonyms for the victims
depicted in the Jan_Socks child pornography series.

17.
Sarah is an adult of the age of 18 who currently resides outside the
Commonwealth of Pennsylvania.
18.
Sarah is a pseudonym for the victim depicted in the Marineland child
pornography series.
19.
The Defendant is a resident of Pennsylvania and is currently imprisoned at
FCI LOMPOC in California for violating federal child pornography laws.

20.
During the relevant time period, the Defendant was a Professor at Allegheny
College in Meadville, Pennsylvania.

JURISDICTION AND VENUE
21.
Federal subject matter jurisdiction is proper pursuant to 28 U.S.C. 1331
because this is a civil action arising under federal laws 18 U.S.C. 2252A(f) and 2255.
22.
Venue is proper pursuant to 28 U.S.C. 1391(b)(1) and (2) because (i) this is
a civil action brought in the judicial district where the Defendant resides and (ii) a
substantial part of the events or omissions giving rise to Plaintiffs claims occurred in this
judicial district.
PLAINTIFFS MOTION FOR PERMISSION TO PROCEED
USING PSEUDONYMS
23.
Jane Doe, Erin, Fiona, Vicky, Jane Roe, Skylar, Savannah, John Doe, Sally,
Sierra, and Sarah have filed this complaint using pseudonyms in accordance with the
applicable law in this jurisdiction.
24.
Concomitant with the filing of this complaint, Jane Doe, Erin, Fiona, Vicky,
Jane Roe, Skylar, Savannah, John Doe, Sally, Sierra, and Sarah filed a motion for permission
to proceed using pseudonyms.
FACTUAL BACKGROUND
Erin and Fiona were Raped and Sexually Exploited
in Order to Produce Child Pornography that the Defendant Possessed
25.
When Fiona and Erin were young girls, they were repeatedly raped and
sexually assaulted in order to produce child pornography.

26.
The BluesPink series of child sex abuse images depict Erin and Fiona
enduring rape, cunnilingus, and digital penetration.

27.
Fiona and Erin were sexually abused and exploited specifically for the
purpose of producing the child sex abuse images possessed by the Defendant in this case.
28.
The BluesPink child pornography series features graphic and disturbing
images of incest, rape, and child sex trafficking.

29.
The ongoing collection and trading of their child sex abuse images has caused
Fiona and Erin longlasting and permanent harm. Unlike victims of a timelimited trauma,
victims of child pornography are continuously aware that their child sex abuse images will
never disappear. Fiona and Erin have been and will be repeatedly victimized by individuals
like the Defendant who endlessly participate in the market for child sex abuse images.
30.
The permanent harm Fiona and Erin have suffered includes, but is not limited
to, extreme and permanent emotional distress with physical manifestations, interference
with their normal development and educational progress, lifelong loss of income earning
capacity, loss of past and future wages, past and future expenses for medical and
psychological treatment, loss of enjoyment of life, and other losses to be described and
proven at trial of this matter.
Vicky was Raped and Sexually Exploited
31.
When Vicky was ten and eleven years old, or younger, she was forced to
perform sexual acts primarily for the purpose of producing child pornography images and
videos.
32.
These images and videos are distributed over the Internet and are known by
child molesters and pedophiles as the Vicky child pornography series. These images and
videos constitute child pornography within the meaning of 18 U.S.C. 2256(8).
33.
On information and belief, these images and videos depict Vicky as a
prepubescent minor child being raped, sodomized, put in bondage, and forced to perform
scripted sex acts with an adult male. They are crime scene images and videos.
34.
These images and videos of Vickys childhood sexual abuse are widely
tradedby barter and commercial transactionover the Internet. The neverending

circulation of this material keeps Vickys original abuse constantly alive and present for her
in everyday life. If her child pornography images were not possessed and circulated by
others, Vicky might have been able to obtain the treatment necessary to overcome the
damage caused by her original abuse and live a normal life.
35.
The continued distribution and possession of Vickys child sex abuse images
and videos has caused her extreme and permanent emotional distress with physical
manifestations, interference with her normal development and educational progress,
lifelong loss of income earning capacity, loss of past and future wages, past and future
expenses for medical and psychological treatment, loss of enjoyment of life, and other
losses to be described and proven at trial of this matter.
Skylar, Savannah, Sally, and Sierra were Raped and Sexually Exploited
36.
Skylar, Savannah, Sally, and Sierra, all sisters, were each forced from a young
age by two adults to have sexual encounters including digital and penile penetration, and
oral copulation with an adult male and with juvenile males for purposes of producing
images and videos of child pornography.
37.
The images and videos of the sexual abuse and exploitation of Skylar,
Savannah, Sally, and Sierra are distributed and circulated on the Internet and are known by
child pornography consumers and traffickers as the Jan_Socks child pornography series.
These images and videos constitute child pornography within the meaning of 18 U.S.C.
2256(8).
38.
Skylar, Savannah, Sally, and Sierra have been and will continue to be severely
harmed by the endless distribution and possession of their child sexual abuse images. The
permanent harm they have suffered includes, but is not limited to, extreme and permanent
emotional distress with physical manifestations, interference with normal development
and educational progress, lifelong loss of income earning capacity, loss of past and future
6
wages, past and future expenses for medical and psychological treatment, loss of enjoyment
of life, and other losses to be described and proven at trial of this matter.
Sarah was Raped and Sexually Exploited
39.
Sarah was groomed for sexual exploitation from the time she was five years
old. From that age until she was eleven years old, Sarah was raped, forced to have sex with
an adult male, forced to have sex with other female children her age, forced to have sexual
encounters with an animal, and forced to pose and dance provocatively for the camera.
Sarah performed these sexual acts in front of a web cam which was recording the events
and also broadcasting them to an adult who was watching from a remote location. These
sexual acts were memorialized for distribution on the Internet.
40.
Images and videos of Sarah have been and continue to be widely circulated
on the Internet and are known by child pornography consumers and traffickers as the
Marineland child pornography series. These images and videos constitute child
pornography within the meaning of 18 U.S.C. 2256(8).
41.
Sarah has and will continue to be severely harmed by the distribution and
possession of her child sexual abuse images. The permanent harm she has suffered
includes, but is not limited to, extreme and permanent emotional distress with physical
manifestations, interference with her normal development and educational progress,
lifelong loss of income earning capacity, loss of past and future wages, past and future
expenses for medical and psychological treatment, loss of enjoyment of life, and other
losses to be described and proven at trial of this matter.
The Defendant Actively Received, Possessed, and Distributed

Child Pornography Including Images of Erin,
Fiona, Vicky, Skylar, Savannah, Sally, Sierra and Sarah
42.
On August 14, 2014, FBI Special Agent Jimmie John Daniels [hereinafter SA
Daniels] of the FBI Phoenix, Arizona field office, conducted an investigation of the
BitTorrent peertopeer filesharing network.
43.
During this investigation, SA Daniels connected to a computer using
BitTorrent with an IP address 184.101.178.68.

44.
SA Daniels downloaded the complete file titled Valya 12 (9m15s).avi from
a computer utilizing IP address 184.101.178.68.

45.
The file Valya 12 (9m15s).avi is a color video, with sound, of an
approximately eightyearold female child wearing a black dress and black thigh high
stockings, sucking on a lollipop. The video begins with an adult man forcing his penis into
the minor childs mouth. The adult man then repeatedly attempts to insert his penis into
the female childs vagina.
46.
On August 18, 2014, SA Daniels again conducted an investigation of the
BitTorrent peertopeer filesharing network.

47.
SA Daniels connected to a computer using BitTorrent with IP address
174.26.80.67.
48.
SA Daniels downloaded a complete file with the title HMM- Melissa 7 yrs- 02
fuck me.MPG from the computer utilizing IP address 174.26.80.67.

49.
The file HMM- Melissa 7 yrs- 02 fuck me.MPG is a video, with sound, that
depicts an approximately eightyearold female child, dressed in a silver bikini, kneeling on

her hands and knees and being vaginally penetrated from behind with the penis of an adult
man. The video also shows an adult man penetrating the female child with his penis as a
sixyearold naked female child lies on the bed next to her.
50.
On August 20, 2014, the FBI Phoenix Office issued an administrative
subpoena requesting subscriber information from CenturyLink, an Internet service

provider.
51.
On August 20, 2014, CenturyLink provided subscriber information for IP
addresses 184.101.178.68 and 174.26.80.67.

52.
On the dates that SA Daniels downloaded the above child pornography files
from IP addresses 184.101.178.68 and 174.26.80.67, the subscriber to those IP addresses

was Defendant Kirk Nesset at 2314 Nolte Drive in Prescott, Arizona.
53.
The address in Prescott, Arizona is property owned by Defendant Kirk
Nesset.
54.
On September 2, 2014, Pennsylvania State Police Corporal G.M. Goodyear
[hereinafter Corporal Goodyear], while working in an undercover capacity, connected to

the internet and identified a computer with IP address 24.144.197.103 sharing child
pornography on the BitTorrent network.
55.
Corporal Goodyear was able to download multiple files depicting the sexual
exploitation of children from the computer with IP address 24.144.197.10.

56.
On September 9, 2014, Corporal Goodyear obtained a Pennsylvania court
order requesting subscriber information from Armstrong Cable Services, an Internet

service provider.
57.
On September 12, 2014, Armstrong Cable Services provided subscriber
information for IP address 24.144.197.10.
58.
On the date that Corporal Goodyear downloaded child pornography from IP
address 24.144.197.10, the subscriber to that IP address was Defendant Kirk Nesset at 375
Ben Avon Street in Meadville, PA 16335.
59.
On August 17, 2014, the Defendant signed and submitted a change of address
form that requested the forwarding of his mail from 2314 Nolte Drive, Prescott, Arizona to
375 Ben Avon Street, Meadville, Pennsylvania.
60.
On September 29, 2014, FBI Special Agent Mike Thoreson [hereinafter SA
Thoreson] traveled to the vicinity of 375 Ben Avon Street, Meadville, Pennsylvania.
61.
SA Thoreson observed a red BMW with Pennsylvania registration number
HYZ2079 parked in the attached garage of 375 Ben Avon Street, Meadville, Pennsylvania.
62.
SA Thoreson checked the Pennsylvania Bureau of Motor Vehicles database
which revealed that HYZ2079 was registered to Defendant Kirk Jeffrey Nesset, 520 N. Main
Street, PO Box 174, Meadville Pennsylvania 16335.
63.
On September 30, 2014, FBI Special Agent Jason Crouse [hereinafter SA
Crouse] obtained a federal search warrant authorizing a search of Defendants residence in

Meadville, PA for evidence and instrumentalities related to the distribution, receipt, and
possession of material depicting child pornography in violation of federal criminal child
pornography statutes 18 U.S.C. 2252(a)(2) and (a)(4)(B).
64.
On October 1, 2014, SA Crouse and other law enforcement agents with the
FBI and Pennsylvania State Police executed the federal search warrant and seized the
Defendants computer equipment.
10
65.
A forensic review was conducted by Pennsylvania State Police Corporal
Robert Pearson [hereinafter Corporal Pearson] on a black Toshiba USB external hard
drive that was seized from the Defendants residence.
66.
Corporal Pearson uncovered thousands of images and movies depicting
minors engaged in sexually explicit conduct in a folder labeled kstore. Approximately

550,000 jpg or movie files were located in the kstore folder.
67.
Also located in the kstore folder was a video subfolder containing over
thirty additional subfolders which were labeled with names, many indicative of child
pornography, including kidsfuck and daddaughtFUCK.
68.
In the video subfolder labeled moscow!, Corporal Pearson located a movie,
approximately 8 minutes and 49 seconds in length, which depicts an adult man penetrating
two female childrens vaginas with his penis and an adult man forcing the female children
to masturbate his penis.
The Defendant Admitted to Possessing Thousands
of Child Sex Abuse Images
69.
During the execution of the search warrant on October 1, 2014, the
Defendant waived his Miranda rights and agreed to be interviewed by SA Crouse.

70.
During the interview, the Defendant admitted to downloading child
pornography from the Internet.

71.
The Defendant stated that he most often used Vuze on the BitTorrent
network to search for and obtain child pornography.

72.
The Defendant admitted to storing child pornography on a black external
hard drive and revealed that he organized the child pornography by category.
11
73.
The Defendant also confessed that he prefers child pornography depicting
young girls aged ten to thirteen and that he would masturbate to the child pornography he
collected.
74.
The Defendant stated that he knew he was sharing child pornography and
acknowledges that downloading child pornography was wrong.

The Defendant Possessed Child Sex Abuse Images of Erin,
Fiona, Vicky, Skylar, Savannah, Sally, Sierra and Sarah
75.
Child Victim Identification Program (CVIP) analysts at the National Center for
Missing and Exploited Children (NCMEC) matched the child pornography images on the
Defendants computer to child pornography images of Erin, Fiona, Vicky, Skylar, Savannah,
Sally, Sierra, and Sarah in NCMECs database and notified the government of its findings in a
CVIP report.
76.
Upon information and belief, this CVIP report was supplied to the
Defendants criminal defense attorneys at Johnson, Bruzzese, & Temple.

77.
Upon information and belief, the Defendants criminal defense attorneys had
ample resources to examine and challenge the CVIP report.

78.
On June 18, 2015, Erin and Fiona were notified in a letter from the
Department of Justice United States Attorneys Office for the Western District of
Pennsylvania that the Defendant possessed their child sex abuse images.
79.
On June 18, 2015, Vicky was notified in a letter from the Department of
Justice United States Attorneys Office for the Western District of Pennsylvania that the
Defendant possessed her child sex abuse images.
12
80.
On November 2, 2015, Skylar, Savannah, Sally, and Sierra were notified in a
letter from the Department of Justice United States Attorneys Office for the Western
District of Pennsylvania that the Defendant possessed their child sex abuse images.
81.
On June 18, 2015, Sarah was notified in a letter from the Department of
Justice United States Attorneys Office for the Western District of Pennsylvania that the
Defendant possessed her child sex abuse images.
82.
On February 8, 2016, the Defendant was sentenced to 76 months of
imprisonment and required to pay $78,000 in restitution for his child pornography crimes.
83.
As a part of the Defendants restitution obligation, he was ordered to pay
Vicky $32,500 and Sarah $26,500.

Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and Sarah are Harmed
by the Defendants Possession of their Child Sex Abuse Images
84.
Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and Sarah are painfully
aware of their sexual abuse and the resulting trafficking of their child sex abuse images.
85.
Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and Sarah are aware that
they were sexually abused throughout their childhood in order to produce child
pornography which is collected and trafficked by offenders like the Defendant in this case.
86.
Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and Sarah are aware that
their child sex abuse images are continually being viewed and traded by child molesters
and pedophiles throughout the United States and the world.
87.
Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and Sarah each have, are
presently, or are likely to suffer continuing and longlasting damages due to the
Defendants criminal acts including, but not limited to, posttraumatic stress disorder,
anxiety, depression, helplessness, selfharm, suicidal ideation, fear of men, extreme
13
insecurity, hypervigilence, disassociation, exacerbation of physical illness, risktaking

behaviors, and difficulty developing and maintaining positive relationships.
FIRST CLAIM FOR RELIEF
18 U.S.C. 2255(A)
88.
The Plaintiffs repeat and reallege all prior paragraphs.
89.
18 U.S.C. 2255, entitled Civil Remedy for Personal Injuries, provides that
any person who is a victim of a violation of 18 U.S.C. 2252 and other provisions and who
suffers personal injury as a result of such violation shall recover the actual damages the
person sustains and the cost of the suit, including a reasonable attorneys fee.
90.
18 U.S.C. 2255(a) further provides that any victim described in section
2255 shall be deemed to have sustained damages of no less than $150,000 in value.
91.
The Defendant pleaded guilty and was convicted of violating federal child
pornography crimes 18 U.S.C. 2252(a)(2) and 2252(a)(4)(b).

92.
18 U.S.C. 2252(a)(2) provides that any person commits federal crime who:
knowingly receives, or distributes, any visual depiction using any
means or facility of interstate or foreign commerce or that has been
mailed, or has been shipped or transported in or affecting interstate
or foreign commerce, or which contains materials which have been
mailed or so shipped or transported, by any means including by
computer, or knowingly reproduces any visual depiction for
distribution using any means or facility of interstate or foreign
commerce or in or affecting interstate or foreign commerce or
through the mails, if(A)
the producing of such visual depiction involves the use of a

minor engaging in sexually explicit conduct; and
(B)
such visual depiction is of such conduct;
14
93.
18 U.S.C. 2252(a)(4)(b) provides that any person commits a federal crime
who:
knowingly possesses, or knowingly accesses with intent to view, 1 or
more books, magazines, periodicals, films, video tapes, or other
matter which contain any visual depiction that has been mailed, or
has been shipped or transported using any means or facility of
interstate or foreign commerce or in or affecting interstate or foreign
commerce, or which was produced using materials which have been
mailed or so shipped or transported, by any means including by
computer, if-
94.
(i)
the producing of such visual depiction involves the use of a

minor engaging in sexually explicit conduct; and
(ii)
such visual depiction is of such conduct;
The Defendant criminally possessed child sex abuse images of Erin, Fiona,
Vicky, Skylar, Savannah, Sally, Sierra, and Sarah in violation of federal child pornography
laws.
95.
Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and Sarah are victims of the
Defendants violation of federal child pornography laws and have suffered personal injury
as a result of the Defendants criminal acts. These personal injuries include, without
limitation, emotional and psychic pain, violation of privacy interests and injury to
reputation and wellbeing.
96.
Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and Sarah are each entitled
to, including without limitation, damages of at least $150,000, the cost of suit including a
reasonable attorneys fee, prejudgment and post-judgment interest, any other losses in an
amount to be ascertained according to proof at trial, and such other relief as the Court
deems appropriate.
15
SECOND CLAIM FOR RELIEF

18 U.S.C. 2252A(F)
97.
98.
Pursuant to 18 U.S.C. 2252A(f), any person aggrieved by reason of the
conduct prohibited in Section 2252A(a) or (b) is entitled to appropriate relief, including

compensatory and punitive damages, the costs of the action, and reasonable fees for
attorneys and expert witnesses.
99.
The child pornography that the Defendant received over the Internet,
collected, and possessed included Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and
Sarahs child sex abuse images.
100.
Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and Sarah are aggrieved as a
result of Defendants criminal acts.

101.
Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and Sarah are each entitled
to, including without limitation, compensatory and punitive damages, the costs of this
action, reasonable fees for attorneys and expert witnesses, prejudgment and post-judgment
interest, any other losses in an amount to be ascertained according to proof at trial, and
such other relief as the Court deems appropriate.
THIRD CLAIM FOR RELIEF
INVASION OF PRIVACYINTRUSION UPON SECLUSION
102.
103.
It is well established that Pennsylvania recognizes the right to privacy and
that violation of that right is an actionable tort. Harris by Harris v. Easton Pub. Co., 335 Pa.
Super. 141, 152 (1984)(citing Vogel v. W.T. Grant Co., 458 Pa. 124, 327 A.2d 133 (1974);
Bennett v. Norban, 396 Pa. 94, 151 A.2d 476 (1959)).
16
104.
The Pennsylvania Superior Court in Harris explained, Pennsylvania state
courts have cited with approval the Restatement (Second) of Torts 652BE for support
regarding invasion of privacy matters. Id at 153.
105.
Section 652B of the Restatement (Second) of Torts states that a claim for
intrusion upon seclusion includes, [o]ne who intentionally intrudes, physically or

otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is
subject to liability to the other for invasion of his privacy, if the intrusion would be highly
offensive to a reasonable person. Id.
106.
Further, the Court explained, [a]n action pursuant to this section does not
depend upon any publicity given to the person whose interest is invaded or to his affairs.
Rather, the invasion may be (1) by physical intrusion into a place where the plaintiff has
secluded himself, (2) by use of the defendant's senses to oversee or overhear the plaintiff's
private affairs, or (3) some other form of investigation or examination into plaintiff's
private concerns. Id.
107.
Defendant possessed, collected, and viewed graphic and disturbing images of
Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and Sarah being raped and sexually
exploited as young, minor girls.
108.
The Plaintiffs did not, and as minors could not, consent to their rape or sexual
exploitation, or to the taking, reproduction, trafficking, possession, or viewing of their child

sex abuse images.
109.
As young girls and minors, the Plaintiffs had a reasonable expectation of
privacy with respect to these most intimate and secluded mattersan expectation that was
intruded upon by the Defendant.
17
110.
By possessing these images, the Defendant committed an unauthorized
intrusion into the Plaintiffs seclusion and the matter intruded upon was of a highly
personal and private manner.
111.
The Defendant knew or had reason to know that the child sex abuse images
he possessed were produced, distributed, and trafficked in violation of state and federal
child pornography laws.
112.
The possession of the Plaintiffs child sex abuse images is highly offensive to
the reasonable person and does not contribute to any legitimate public interest.
113.
The Plaintiffs suffered and continue to suffer ongoing and permanent anguish
and harm as a result of the Defendants unauthorized intrusion or prying into their
seclusion.
114.
The Plaintiffs were harmed and continue to be harmed as a result of the
Defendants invasion of their privacy and are entitled to compensatory and punitive
damages, and reasonable attorneys fees.
FOURTH CLAIM FOR RELIEF
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
115.
116.
This Court has held, in order to properly plead an intentional infliction of
emotional distress claim under Pennsylvania law, a plaintiff must allege the following: (1)
the defendant's conduct was intentional or reckless; (2) the defendant's conduct was
extreme and outrageous; (3) the defendant's conduct caused emotional distress; and (4)
the resultant emotional distress was severe. A resultant physical harm must also be alleged.
Crust v. Flagstar Bank, Case No. 3:14-cv-252, 2015 WL 4773508, at *4 (W.D. Pa. Aug. 12,
2015) (internal citations omitted).
18
117.
The Defendants child pornography crimes, which victimized innocent
children, demonstrated intentional, reckless, extreme, and outrageous conduct.

118.
The Defendant knew and understood the effect his child pornography crimes
would have on vulnerable victims and knew that there was a high probability that his
conduct would cause severe emotional distress.
119.
When interviewed by FBI Special Agent, the Defendant acknowledged that he
intentionally downloaded and shared child pornography and admitted that he knew his
behavior was wrong.
120.
The Defendants child pornography crimes did, in fact, cause Erin, Fiona,
Vicky, Skylar, Savannah, Sally, Sierra, and Sarah to experience severe emotional distress,
including, but not limited to, posttraumatic stress disorder, anxiety, depression,
helplessness, selfharm, fear of men, extreme insecurity, hypervigilence, disassociation,
exacerbation of physical illness, risk-taking behaviors, and difficulty developing and
maintaining positive relationships.
121.
The Defendants child pornography crimes did, in fact, cause Erin, Fiona,
Vicky, Skylar, Savannah, Sally, Sierra, and Sarah to endure physical harm, including, but not
limited to, physical manifestations of posttraumatic stress disorder, anxiety, and
depression including but not limited to gastrointestinal disorders, insomnia, and nervous
disorders, as well as helplessness, selfharming behaviors, fear of men, extreme insecurity,
risktaking behaviors, and difficulty developing and maintaining positive relationships.
JURY DEMAND
122.
The Plaintiffs demand a jury trial.
19
RELIEF REQUESTED
WHEREFORE, Erin, Fiona, Vicky, Skylar, Savannah, Sally, Sierra, and Sarah each
requests judgment against the Defendant as follows:
123.
Statutory damages of no less than $150,000 each pursuant to 18 U.S.C.
2255(a);
124.
Actual damages pursuant to 18 U.S.C. 2255(a) and the common law;
125.
Compensatory damages pursuant to 18 U.S.C. 2252A(f)(2)(B) and the
common law;
126.
Punitive damages in an amount sufficient to punish the Defendant and deter
others from like conduct pursuant to 18 U.S.C. 2252A(f)(2)(B) and the common law;
127.
Costs of the action pursuant to 18 U.S.C. 2255(a) and 2252A(f)(2)(C);
128.
Reasonable attorneys fees pursuant to 18 U.S.C. 2255(a) and
2252A(f)(2)(C);
129.
Reasonable fees for expert witnesses pursuant to 18 U.S.C. 2252A(f)(2)(C);
130.
Prejudgment and post-judgment interest;
131.
Any relief within the Courts jurisdiction appropriate to the proof, whether or
not demanded;
132.
Such other and further relief as the Court deems just and proper.
Dated: December 19, 2016

MARSH LAW FIRM PLLC
by /s/Katie M. Shipp
Katie M. Shipp
Box 4668 #65135
New York, New York 10163-4668
Telephone | Fax: 212-372-3030
Email: katieshipp@marsh.law
Attorney for Plaintiffs Jane Doe, Erin, and Fiona

20
CAROL L. HEPBURN, P.S.

by /s/Carol L. Hepburn
Carol L. Hepburn, WSBA No. 8732
200 First Avenue West, Suite 550
Seattle, Washington 98119-4298
Phone: 206-957-7272
Fax: 206-957-7273
Email: carol@hepburnlaw.net
Attorney for Plaintiffs Vicky, Jane Roe, Skylar,

Savannah, John Doe, Sally, Sierra, and Sarah
21

Child Porn Victims Sue Former Pa. College Professor

Enviado por

Dados do documento

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

Child Porn Victims Sue Former Pa. College Professor

Enviado por

Direitos autorais:

Formatos disponíveis

Case 1:16-cv-00303-BR Document 1 Filed 12/19/16 Page 1 of 21

UNITED STATES DISTRICT COURT

JANE DOE as next friend for FIONA, a minor,

criminal child pornography statute 18 U.S.C. 2252(a)(2) and (a)(4)(B).

18 U.S.C. 2255(a) allows victims of child pornography to recover damages

Case 1:16-cv-00303-BR Document 1 Filed 12/19/16 Page 2 of 21

18 U.S.C. 2252A(f) allows any person aggrieved by a violation of Section

The Defendants criminal conduct constituted tortious invasion of the

The Defendants extreme and outrageous conduct constituted intentional

Plaintiff Fiona is currently a minor under the age of 18 who currently

resides outside the Commonwealth of Pennsylvania.

the Commonwealth of Pennsylvania.

purposes of this litigation.

pornography series known as BluesPink.

Case 1:16-cv-00303-BR Document 1 Filed 12/19/16 Page 3 of 21

currently reside outside the Commonwealth of Pennsylvania

reside outside the Commonwealth of Pennsylvania.

depicted in the Jan_Socks child pornography series.

Sarah is an adult of the age of 18 who currently resides outside the

Sarah is a pseudonym for the victim depicted in the Marineland child

The Defendant is a resident of Pennsylvania and is currently imprisoned at

FCI LOMPOC in California for violating federal child pornography laws.

College in Meadville, Pennsylvania.

Federal subject matter jurisdiction is proper pursuant to 28 U.S.C. 1331

Case 1:16-cv-00303-BR Document 1 Filed 12/19/16 Page 4 of 21

sexually assaulted in order to produce child pornography.

enduring rape, cunnilingus, and digital penetration.

The BluesPink child pornography series features graphic and disturbing

images of incest, rape, and child sex trafficking.

Case 1:16-cv-00303-BR Document 1 Filed 12/19/16 Page 5 of 21

On information and belief, these images and videos depict Vicky as a

tradedby barter and commercial transactionover the Internet. The neverending

Case 1:16-cv-00303-BR Document 1 Filed 12/19/16 Page 6 of 21

Case 1:16-cv-00303-BR Document 1 Filed 12/19/16 Page 7 of 21

Case 1:16-cv-00303-BR Document 1 Filed 12/19/16 Page 8 of 21

The Defendant Actively Received, Possessed, and Distributed

During this investigation, SA Daniels connected to a computer using

BitTorrent with an IP address 184.101.178.68.

SA Daniels downloaded the complete file titled Valya 12 (9m15s).avi from

a computer utilizing IP address 184.101.178.68.

The file Valya 12 (9m15s).avi is a color video, with sound, of an

On August 18, 2014, SA Daniels again conducted an investigation of the

BitTorrent peertopeer filesharing network.

SA Daniels connected to a computer using BitTorrent with IP address

fuck me.MPG from the computer utilizing IP address 174.26.80.67.

depicts an approximately eightyearold female child, dressed in a silver bikini, kneeling on

Case 1:16-cv-00303-BR Document 1 Filed 12/19/16 Page 9 of 21

On August 20, 2014, the FBI Phoenix Office issued an administrative

subpoena requesting subscriber information from CenturyLink, an Internet service

On August 20, 2014, CenturyLink provided subscriber information for IP

addresses 184.101.178.68 and 174.26.80.67.

from IP addresses 184.101.178.68 and 174.26.80.67, the subscriber to those IP addresses

The address in Prescott, Arizona is property owned by Defendant Kirk

On September 2, 2014, Pennsylvania State Police Corporal G.M. Goodyear

[hereinafter Corporal Goodyear], while working in an undercover capacity, connected to

exploitation of children from the computer with IP address 24.144.197.10.

On September 9, 2014, Corporal Goodyear obtained a Pennsylvania court

order requesting subscriber information from Armstrong Cable Services, an Internet

On September 12, 2014, Armstrong Cable Services provided subscriber

information for IP address 24.144.197.10.

Case 1:16-cv-00303-BR Document 1 Filed 12/19/16 Page 10 of 21

On the date that Corporal Goodyear downloaded child pornography from IP

On September 29, 2014, FBI Special Agent Mike Thoreson [hereinafter SA

SA Thoreson observed a red BMW with Pennsylvania registration number