Escolar Documentos
Profissional Documentos
Cultura Documentos
SOUTHERN DIVISION
Defendants.
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NOW COMES Plaintiff, HOWARD LINDEN, as Next Friend of JOHN DOE, a Minor,
by and through his attorneys, Fieger, Fieger, Kenney & Harrington, P.C., and for his Complaint
1. This Court has jurisdiction of this action under the provisions of Title 28 of the
United States Code, Sections 1331 and 1343, and also has pendent jurisdiction over all state
claims that arise out of the nucleus of operative facts common to Plaintiff’s federal claims.
2. Venue is proper in this district pursuant to Title 28 of the United States Code,
CISTONE, and Fr. ROBERT DELAND reside or resided and / or do business in this district and
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GENERAL ALLEGATIONS
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4. Plaintiff hereby restates and re-alleges paragraphs one (1) through three (3) of this
5. That Plaintiff, HOWARD LINDEN, is the lawfully appointed Next Friend of the
Minor child, JOHN DOE, whose injuries are the subject of this litigation.
6. That the pseudonym JOHN DOE is used in order to protect the minor child’s
privacy, and the Next Friend has filed an affidavit under seal for in camera review, only attesting
7. At all times relevant, the Minor Plaintiff resided with his parents in Saginaw
FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.
County, Michigan.
(“SAGINAW DIOCESE”) was and is an unincorporated association, with its principal place of
business located at 5800 Weiss St. in Saginaw, MI. The SAGINAW DIOCESE was established
by papal decree in June of 1938, and functions as a faith community encompassing 11 counties
in eastern Michigan: Arenac, Bay, Clare, Gladwin, Gratiot, Huron, Isabella, Midland, Saginaw,
Sanilac and Tuscola, serving over 100,000 members of the Catholic faith.
CISTONE”) was a resident of Saginaw County, Michigan, and served as the leader of the
CATHOLIC DIOCESE OF SAGINAW, overseeing the activities of all Catholic parishes located
within the diocese, including St. Agnes Catholic Church in Freeland, Michigan. BISHOP
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10. At all times relevant, Defendant Fr. ROBERT DELAND (“DELAND”) was the
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
priest of St. Agnes Catholic Church located in the City of Freeland, Saginaw County, Michigan,
and the judicial vicar of the SAGINAW DIOCESE, also acting under color of law as a school
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volunteer within the Freeland Community School District. DELAND is being sued in both his
FACTUAL ALLEGATIONS
11. Plaintiff hereby restates and re-alleges each and every allegation contained in
paragraphs one through eleven (10) as though fully set forth herein.
12. Defendant DELAND was ordained as a priest on June 17, 1963, and had served as
pastor of the St. Agnes Catholic Church in Freeland, Michigan since July 2011.
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13. In May of 2017, JOHN DOE, a then sixteen year old high school student, met
FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.
14. Subsequently, JOHN DOE was court ordered to perform community service;
DELAND stated that JOHN DOE could perform his community service at St. Agnes Catholic
Church.
15. JOHN DOE completed his community service over a six month period at the
16. When JOHN DOE returned to school in the fall, DELAND was present, serving
DOE, targeting the minor child, gaining his trust, and / or providing him with gifts and favors.
18. DELAND began to remove JOHN DOE from class, taking him to an isolated
area of the school to talk, contact which made JOHN DOE late to classes on a daily basis.
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20. DELAND inquired as to the financial situation of JOHN DOE’s parents, then
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gave him gifts of cash and purchased an expensive “vape” machine for the minor child.
21. DELAND also made inappropriate physical contact with JOHN DOE during the
school day, including back rubs, hugs, and groping of the buttocks.
22. On or about October 26, 2017, DELAND asked JOHN DOE to come to his home
to watch his dog, where he then forced JOHN DOE to smoke cigarettes with him.
23. DELAND set JOHN DOE up with a psychologist and psychiatrist under the guise
of helping him cope with his friend’s suicide, and further, insisted on paying for the mental
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24. Upon information and belief, DELAND took or otherwise obtained protected
health information and other private information about JOHN DOE from the above meetings
with the psychologist / psychiatrist, without the permission of JOHN DOE or his parents.
25. After the Christmas holidays in 2017, DELAND began calling and texting JOHN
26. DELAND encouraged JOHN DOE to view large quantities of gay pornography.
27. Although the church provided DELAND with a home at the rectory adjacent to
Saginaw Twp., Michigan, approximately eight miles away from the church.
28. DELAND notified JOHN DOE that he had set up a special bedroom in his
Mallard Cove condominium, which was available for use by JOHN DOE.
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29. Subsequently, DELAND requested that JOHN DOE obtain drugs, i.e. ecstasy, so
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
30. On February 25, 2018, while JOHN DOE was present at the Mallard Cove condo,
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DELAND touched JOHN DOE inappropriately, groping and fondling his crotch and buttocks,
31. JOHN DOE fled from the Mallard Cove condo following the inappropriate and
32. DELAND was subsequently arrested and charged with three felonies, including
one count of attempted second-degree criminal sexual conduct/personal injury, one count of
second-degree criminal sexual conduct, and a count of gross indecency between male persons.
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33. Upon information and belief, at all times relevant, all Defendants knew that
FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.
DELAND represented a danger to minor children and had the propensity to act in sexually
behavior had been made to Defendants, but were ignored, removed, and / or minimized by all
Defendants within the course and scope of their employment by the Catholic church, and not
35. That as a proximate result of the actions and inactions described herein, Minor
Plaintiff suffered injuries and damages which include, but are not limited to, the following:
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h. Reasonable expenses incurred for doctors, psychiatrists, and other medical and
psychological services for treatment of past, present, and future injuries;
COUNT I
36. Plaintiff hereby restates and re-alleges each and every allegation contained in
•
FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.
37. That the acts committed by Defendant DELAND, as more specifically described
maliciously, and with gross negligence, callousness, excessive force, and/or deliberate
38. At all times relevant, DELAND was a state actor acting under color of state law.
39. DELAND’s abusive behavior was perpetrated as a result of the authority that he
held as a school volunteer, wherein he took advantage of his trusted position within the school to
pursue JOHN DOE and engage in inappropriate boundary violations and sexual advances with
40. Further, DELAND’s abusive behavior was facilitated by his presence during the
school day and at school events, as evidenced by the inappropriate contact with JOHN DOE
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41. The conduct of DELAND deprived JOHN DOE of his clearly established rights,
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
privileges, and immunities guaranteed him under the United States Constitution, specifically
those set forth under the 14th Amendments to same, specifically by violating his rights to
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personal security and bodily integrity, as evidenced by the following particulars offered by way
a. Touching, groping, and fondling of the minor Plaintiff’s body, specifically his
buttocks, back, feet, and crotch;
with the ultimate objective being the facilitation of the sexual assault of the
FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.
minor Plaintiff;
f. Engaging in the above wrongful actions which interfered with minor Plaintiff’s
ability to participate in school and obtain an education;
42. That as a proximate result of the actions and inactions described herein, JOHN
DOE suffered injuries and damages which include, but are not limited to, the following:
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h. Reasonable expenses incurred for doctors, psychiatrists, and other medical and
psychological services for treatment of past, present, and future injuries; and
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his favor and against Defendants, jointly and severally, and award an amount in excess of
Seventy Five Thousand ($75,000.00) Dollars exclusive of costs, interest, attorney fees, as well as
COUNT II
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FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.
43. Plaintiff hereby restates and re-alleges each and every allegation contained in
44. The acts committed by Defendant DELAND, as more specifically describe above,
amounted to assault and battery as defined under Michigan common and statutory law, as the
Minor Plaintiff did not consent to said touching, contacts, and threatened contacts.
45. That as a direct and proximate result of the Defendant’s tortuous conduct, JOHN
DOE has and will continue to have serious injuries and damages which include, but are not
limited to:
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h. Reasonable expenses incurred for doctors, psychiatrists, and other medical and
psychological services for treatment of past, present, and future injuries; and
against Defendant in an amount in excess of $75,000.00, together with interest, costs, attorney
•
COUNT III
46. Plaintiff hereby restates and re-alleges each and every allegation contained in
paragraphs one (1) through forty-seven (45) as if fully set forth herein.
47. At all times relevant, Defendant DELAND was employed by the SAGINAW
DIOCESE and working at St. Agnes Church and Freeland Community Schools, and had a duty
to act with ordinary care for the safety of minor children generally, and JOHN DOE specifically.
amounted to negligence, gross negligence, and/or willful and wanton misconduct as defined
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49. That as a direct and proximate result of the Defendant’s negligence / gross
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
negligence, JOHN DOE has and will continue to have serious injuries and damages which
h. Reasonable expenses incurred for doctors, psychiatrists, and other medical and
FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.
psychological services for treatment of past, present, and future injuries; and
against Defendant in an amount in excess of $75,000.00, together with interest, costs, attorney
COUNT IV
50. Plaintiff hereby restates and re-alleges each and every allegation contained in
paragraphs one (1) through forty-nine (49) as if fully set forth herein.
51. Defendants BISHOP CISTONE and the SAGINAW DIOCESE had a duty to
exercise ordinary care to screen, train, supervise, and monitor his / its / their employees and/or
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subordinates to ensure said persons maintain proper boundaries with, and do not present a risk of
19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148
harm to, the general public and the minor children who are entrusted and /or exposed to said
employees / subordinates.
A PROFESSIONAL CORPORATION
52. Said duty to screen, train, supervise, and monitor included the duty to draft,
develop, implement, and enforce appropriate policies, procedures and guidelines to ensure that
Defendants’ employees / subordinates always maintain proper boundaries with, and do not
present a risk of harm to, the general public and minor children who are entrusted and/or exposed
53. Defendants BISHOP CISTONE and the SAGINAW DIOCESE had a duty to
exercise ordinary care to properly manage, oversee and supervise its / his employees and
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the clergy, had a duty and statutory obligation to report any allegations of inappropriate behavior
55. Defendants BISHOP CISTONE and the SAGINAW DIOCESE breached the
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56. As a direct and proximate result of Defendants BISHOP CISTONE, and the
SAGINAW DIOCESE’s negligence / gross negligence, JOHN DOE was injured and suffered the
•
FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.
following:
h. Reasonable expenses incurred for doctors, psychiatrists, and other medical and
psychological services for treatment of past, present, and future injuries;
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her favor and against Defendants, jointly and severally, and award an amount in excess of
Seventy Five Thousand ($75,000.00) Dollars exclusive of costs, interest, attorney fees, as well as
A PROFESSIONAL CORPORATION
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