Manzanares v. Elko County School District et al

Filing 1

Manzanares v. Elko County School District et al

Doc. 1

Case 3:07-cv-00076-LRH-RAM

Document 1

Filed 02/13/2007

Page 1 of 20

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Jeffrey J. Kump, Esq. (Bar No. 5694) MARVEL & KUMP, LTD. 217 Idaho Street, P.O. Box 2645 Elko, NV 89803-2645 Telephone: [phone] Facsimile: [phone]

5 Attorneys 6

for Plaintiff UNITED STATES DISTRICT OF NEVADA COURT

7 DISTRICT

8
9
10 DA-DAZE-NOM MANZANARES, Plaintiff,

11 vs.
12 13 ELKO COUNTY SCHOOL DISTRICT, and GARY LEE JONES, SR., as agent for ELKO COUNTY SCHOOL DISTRICT, and GARY LEE JONES, SR., individually, and CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a foreign corporation registered to do business in the State of Nevada; CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTERDAY SAINTS AND SUCCESSORS, a foreign corporation registered to do business in the State of Nevada; and Does 1-5, and XYZ Corporations 1-5. Defendants. 21
___________________ -:1

COMPLAINT AND DEMAND FOR .lURY TRIAL

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COMES NOW, Plaintiff, by and through her attorneys, Ltd., and for causes complains as follows:

DA-DAZE-NOM

MANZANARES,

(UPLAINTIFF"),

Marvel

&

Kump, Ltd., and Lisa K. Mendez, Defendants, alleges, avers and

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25

of action

against

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MARVEL & K{jMP, LTD. Attorneys at Law 217 Idaho Street Elko, NY 89801 775-777-1204

Dockets.Justia.com

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Case 3:07-cv-00076-LRH-RAM

Document 1
Parties

Filed 02/13/2007

Page 2 of 20

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2

(Jurisdiction and Venue)

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1.
particularly

This action arises under the United States Constitution, under the provisions of the Fourth and Fourteenth federal States

4

5 Amendments

to the Constitutions

of the United

States and under

6 7 8
9 10 11
12 13

law, particularly Code,

the Civil Rights

Act, Title 42 of the United

§§ 1983 and 1988.

2.
virtue of

This 28

Court has jurisdiction of the United States

of this cause under Code, §§ 1331 and

and by 1393,

Title

Plaintiff

also invokes the pendent 3. Venue is proper

jurisdiction

of this court. pursuant to Title 28 of Manzanares, the causes of was of

in this District Plaintiff,

the United born

States Code, §1391.

Da-Daze-Nom at the the

on February arose,

14, 1987 and was a minor since that time

time age

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15 16 17

act ion

having

reached old.

maj ori ty.

Plaintiff

is currently resided

nineteen

(19) years

During

all relevant Martha

times, Plaintiff Seahmer.

in Elko County, Nevada

with her mother

18
19 20 21 22 23 times

4.
material

Defendant Elko County School District to this complaint a school

("ECSD") was at all organized and

district

existing under the laws of the State of Nevada. County, Nevada.

ECSD is located in Elko

5.

At all times relevant

to this Complaint,

the Corporation Saints and

of the President Successors,

of the Church of Jesus Christ of Latter-Day religious corporation in Nevada.

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26

was a foreign

of the Church of Jesus At all times relevant

Christ of Latter Day Saints operating to this Complaint, of Jesus Christ the Corporation of Latter-Day

of the Presiding Bishop of the Church Saints, was a foreign religious of

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28

corporation

of the LDS Church operating

in Nevada.

The Corporation

MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NV 89801 775-777-1204

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the President to collectively 6. and authorizes

and Corporation hereinafter

of the Presiding

Bishop will be referred

as ULDS Church." the Church selects Bishops or Branch to LDS Church Branch and

3

As part of the LDS Church's hierarchy, individual members to serve as

4
5

Presidents families, selected President serve as

to counsel, including Defendant,

minister

and serve as spiritual in the Jones, congregation. Sr., to serve

leaders The as LDS the

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7

children, Gary Lee

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9
10

for the Church of Jesus Christ of LDS, to counsel minister the head of the Church of Jesus Christ of LDS of

which

Plaintiff

and her family were members. 7. Defendant an agent Gary Lee Jones, Sr., (uJones" ), both as an

11
12 13 agent

for ECSD,

for the LDS Church,

and individually,

was at

all times material superintendent, of LDS.

to this complaint,

employed

by ECSD as a building

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15

and the Branch

President

of the Church of Jesus Christ when the cause of

Jones was a resident

of Elko County, Nevada

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17 18 19 20 21 22

action arose. 8. this complaint Owyhee High School a high school (UOHS") was at all times material facility operated by and under to the

management Nevada.

and control of Defendant

ECSD under the laws of the State of

9.
contractors, assigns,

Does personal

1

through

6

are

unknown persons,

employees, entities,

agents,

representatives, or agencies

successors, for

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24 25

tortfeasors,

who are in some way responsible in either a representative

Plaintiff's

damages alleged herein,

capacity

or by virtue of independent identities

acts or omissions.

When the true names and Plaintiff will seek

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27

of the Doe Defendants

are ascertained,

leave to amend this complaint

to insert their true names and identities.

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III
MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NY 89801 775-777-1204

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2 entities jointly alleged herein.

10.

XYZ

Corporations who

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through

6I

inclusive are

I

are

legal

or corporations and severally hereinl When
I

the Plaintiff

alleges

additionallYI

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4

liable

to the Plaintiff andlor and alter

for the acts and events egos of Defendants Corporations named are

or are the true

agents names

5

identities

of XYZ

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7

ascertained

Plaintiff will seek leave to amend this complaint

to insert

their true names.
Facts

8
9 10 11 12
13 14 during through 11. 10 above 12. the
I

Plaintiff

restates

and

realleges

Paragraphs

1

and incorporates
I

the same as if fully set out herein. as a building high school Superintendent therel and at OHS was the

Jones

was employed

times

Plaintiff

attended

supervisor

to Plaintiff/s 13.

motherl MARTHA SEAHMERI also employed by ECSD.

Jones was selected and appointed by the LDS Church to act President and for the serve as Church the of Jesus spiritual Christ leader of LDS for to

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16 17

as

their
I

Branch

minister

counsell

that

congregationl 14.

of which Plaintiff While working

and her family relied upon. of Jesus Christ of LDS and

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19 20

in the Church

for the purpose of furthering Jones identified befriended confidence and Plaintiff/s
I

his assigned duties as a Branch Presidentl family as one in need with a teenage girll

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22

Plaintiff

and

her

family

I

gained

the

familyl s trust

and

as a church counselor mentor

and spiritual Plaintiff;

guidel and as a valuable gained the permissionl Plaintiffl that she Jones
I

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trustworthy

to

acquiescencel and sought was

and support

of Plaintiff/s

family

to counsel

and gained respect

the instruction for Jones
I

of Plaintiff/s and to

parents

to have

authority

comply

with

instruction

and requests.

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III
MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NY 89801 775-777-1204

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15.

The relationship

Jones established

with Plaintiff

in his

capacity as the Branch President time that Jones was working at

of the LDS Church, continued OHS where Plaintiff was

during the a student. staff at OHS

During the 2001-2002 OHS observed staff members Plaintiff

school year, when Plaintiff inappropriate contacts

was fourteen, with

5

Jones making

Plaintiff.

6
7 8 9

were also aware of daily telephone

calls between Jones and complained to the OHS

at his school office.

OHS staff members

administration, 16.

but OHS and ECSD took no action. Jones, while using the authority and position of trust as

10

the Branch President acting within

of the Church of Jesus Christ of LDS and also while and scope Plaintiff a of his employment and agency with

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12

the course

ECSD, induced and directed Jones. These acts

to engage in various harmful or offensive

sex acts with touching of

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15 16 17

constituted

Plaintiff. 17. inappropriate various The LDS Church and ECSD were informed Despite of Jones'

conduct and sexual abuse of Plaintiff. concerning Jones, neither

receiving

reports

the LDS Church nor ECSD took the sexual abuse to law

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19 20 21 22 23 24

any action enforcement

to protect

Plaintiff

or to report

authorities. 18. On or about August Plaintiff 26, 2002, days after the commencement attempted suicide by trying to hang

of the new school year, herself of her.

in her family's basement She remained hospitalized

due to Jones' conduct and sexual abuse until approximately treatment January facility. of sexual Jones in 7, 2003,

when she was discharged 19.

from a residential Jones was

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26 27 28

Subsequently,

arrested

on charges

abuse of a minor ultimately

as a result of his sexual abuse of Plaintiff. Sexual Seduction

pleaded guilty to Statutory

of Plaintiff

Elko County District

Court in the State of Nevada.
MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NY 89801 775-777-1204

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FIRST CAUSE OF ACTION Violation of Civil Rights 20. above, Plaintiff restates and realleges Paragraphs 1 through 19

3
4

and incorporates 21.

the same as if fully set out herein. alleged pretense herein were done by of the statutes, City of

5
6 7 ECSD and

The acts of the Defendants under the color and

Jones,

ordinances,

regulations,

and customs,

of the State of Nevada,

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9
10

Elko, and the County of Elko, and under the authority a school district Nevada. 22. customs custody of the That pursuant State to statutes, ECSD ordinances, organized and existing

of their office as

under the laws of the State of

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13

regulations, for the

and

of Nevada, of their child

was

responsible and

care,

and

control

employees enrolled

students,

including

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15 16

Plaintiff, relevant

who was a minor

as a student

at OHS at all

times to this action. 23. That during the above-alleged period of time extending and within the separate

17

through 2002, Jones, acting as a building course and scope of his employment and distinct times, sexually 24. That during

superintendent

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19

with ECSD, did on repeated, Plaintiff

assault this

during her minority. of time, ECSD had

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21

relevant

period

adopted and were pursuing which failed to

a policy, custom, or de facto policy or custom implement, which supervise Jones failed and oversee the

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23

properly

administration the minor

of its schools Plaintiff.

allowed ECSD

to sexually to

assault or

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child

Further,

investigate

report allegations to follow-up and follow-up

of sexual misconduct

made against

Jones,

and failed

in any form as to these would have prevented

allegations, and/or

which

investigation actions of

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terminated

the

Jones.
MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NV 89801 775-777-1204

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2
suffered

25. such

As a result extreme

of the acts of ECSD and mental

and Jonest paint

Plaintiff and home

physical

anguisht

3
4

embarrassment and was placed 26. above-described

that she attempted in a mental Plaintiff

to commit suicide in her familyts for several months.

hospital

5

alleges that at all times herein mentionedt were performed pursuant

the

6
7 8 9 10

acts and omissions

to certain

customst policiest and each of themt

or defacto policies includingt but not

and/or customs of the Defendantst limited to: (1) the inadequate

screeningt training

hiringt and retention of school personnel; (3) inadequate implementation

(2) the inadequate supervision procedures of or

of employees;
(4)

and unreasonable of investigation

11 employees;
12 13

inadequate

reporting procedures adult employee; students deliberate in

regarding

the sexual abuse of a minor student by an implementation care; and of procedures to protect and

(5) inadequate custodial

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15 16 17

their

(6) inadequate

attention

indifference 27.

to students

enrolled

in ECSD schools. in harm to of official and illegal

The acts of the ECSD and Jones that resulted or wholly undertaken and established in pursuance unauthorized

Plaintifft and/or

were partially policYt

18

unofficial

19 patterns of conductt consisting of (1) the inadequate screeningt hiringt
20
21 22 and retention of school personnel; (2) the inadequate training of (4)

employees; inadequate procedures employee; students deliberate said

(3) inadequate and unreasonable implementation regarding (5 ) in of

supervision

of employees; or

investigation abuse

procedures student

reporting

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26 27 28

the sexual

of a minor of

by an adult to protect and

inadequate custodial

implementation care; and

procedures

their

(6) inadequate

attention

indifference acting

to students under color

enrolled of

in ECSD schools; denied

by which the

Defendantst

lawt have

persons

rightst privileges

and immunities

guaranteed

to them by the Fourth and

MARVEL & KUMP, LTD.

Attorneys at Law 217 Idaho Street
EIko, NY 89801

775-777-1204

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Case 3:07-cv-00076-LRH-RAM
1 2 Fourteenth pattern of Amendments conduct
t

Document 1

Filed 02/13/2007
of the United under color of

Page 8 of 20
States. law t This has no

to the Constitution while carried out

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4 5

justification is unrelated may properly

or excuse in lawt but insteadt is improper and illegal and to any activities in which school authorities and personnel to care for

and legally act in the course of their duties

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7

minor students. 28. injuries hiringt amounted Defendant Furthert the acts of the ECSD and Jones that resulted were undertaken as a result in

8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

to the Plaintifft training

of inadequate

and supervision

of school personnelt

and this failure

to deliberate had custodial 29.

indifference care.

to the rights of students with whom

The aforesaid

acts of Defendantst

individuallYt

and in

concert with the otherst were carried out under the pretense law in their official capacitiest their jurisdiction and without

of color of

but said acts went beyond the scope of authorization of lawt each Defendantt knowinglYt of her

individuallYt

and in concert

with otherst

acted willfullYt a minor

and with specific rightst damages by reason

intent to deprive of the same

Plaintifft

studentt

Plaintiff

is entitled

to compensatory

and punitive 30.

damages

in the amounts

set forth below. individuallYt In that

The aforementioned with otherst

acts of all Defendantst were willful and

and

In

concert

malicious disregard

Defendantst Plaintiff or malice exemplary forth

conduct was carried rights

out with a conscious such as to constitute thereby against warranting Defendants and

for the fraud of set for

minor childts under

oppressiont

the NRS 42.010t damages

the assessment in the amount

and puni tive appropriate

below

to punish

Defendants

set an example

others.

28

III
MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NY 89801 775·777-1204

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Case 3:07-cv-00076-LRH-RAM

Document 1
of this

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sexual abuse

Page 9 of 20
and breach injuries of and

1
2
trust

31. Plaintiff

As a direct has

result and

sustained

continues

to sustain

3
4

damages

in an amount 32. As

to be proven

at trial. of the molestation, Plaintiff has

a further

result

5

incurred or will continue to incur costs of counseling treatment in an amount to be proven at trial.

and psychological

6
7 8

SECOND CAUSE OF ACTION Attorney Fees
33. above, Plaintiff restates and realleges Paragraphs 1 through 32

9 10

and incorporates 34. It has and

the same as if fully set out herein. been Kump, necessary Ltd. for Plaintiff to retain this the

11
12
13 14 15 services under §1988,

of Marvel

in order

to prosecute pursuant

action

42 D.S.C.

§1983,

and therefore,

Plaintiff

to 42 D.S.C.

is entitled

to a reasonable the Defendants,

award of attorney and each of them.

fees for bringing

this claim against

16 17

THIRD CAUSE OF ACTION Ne2li2ent Supervision and Retention A2ainst Defendant Elko County School District
35. Plaintiff restates and realleges Paragraphs 1 through 34

18
19 20 21 22 23

above, and incorporates 36. affirmative supervise students. 37. received with At all and

the same as if fully set out herein. times material to to this properly complaint, train and ECSD had an

duty

obligation Jones'

adequately with

and monitor

activities,

including

his relations

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26

While he was employed information Through

at OHS, ECSD, through Jones' was

its agents, conduct was

abundant

concerning

inappropriate aware that

Plaintiff.

its agents,

ECSD

Jones

27
28

perpetuating year old

an improper on

sexual relationship school grounds;

with Plaintiff, Jones was

a fourteen with

student,

that

caught

MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NY 89801 775-777-1204

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Plaintiff function

in a school locker room; that Jones took Plaintiff in Elko, staying with her in a motel. Despi te

to an ECSD receiving supervise, ECSD

3
4

information, or report

ECSD failed to take any action inappropriate Jones' contacts

to investigate, Plaintiff.

Jones'

with

Indeed,

5
6

took no action causing

until

wife exposed and arrested. and proximate

the sexual

abuse,

ultimately

Jones to be reported 38. As a direct

7

result

of ECSD' s negligent for an

8 9
10 11 12 13

supervision extended

of Jones, Jones was able to sexually of time. In addi tion to negligently an ECSD student.

abuse Plaintiff

period 39.

supervising

Jones, ECSD failed supervision of

to protect Plaintiff

Plaintiff, allowed

ECSD's negligent

Jones to develop

a sexual relationship

with her, and

to sexually

abuse her. As a direct and proximate negligent suffered result of ECSD's negligent to

14
15 16 17 18 19

40.
supervision protect

of Jones,

and ECSD's has

supervision damages

and failure

Plaintiff,

Plaintiff

in an amount

to be

proven at trial, including suffering,

emotional

and psychological

damage, pain and

and such other damages 41. As a direct has result

as are proven at trial. of this sexual abuse and breach injuries of and

20
21

trust

Plaintiff

sustained

and

continues

to sustain

damages

in an amount 42. As

to be proven

at trial. of the molestation, Plaintiff has

22

a further

result

23
24

incurred or will continue to incur costs of counseling treatment in an amount to be proven at trial.

and psychological

25 26 27
28 43.

FOURTH CAUSE OF ACTION Sexual Abuse of a Child/Respondeat Superior
Plaintiff restates and real leges Paragraphs

1 through 42

above, and incorporates

the same as if fully set out herein.
MARVEL & KUMP, LTD. Attorneys at Law· 217 Idaho Street Elko, NY 89801 775-777-1204

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Case 3:07-cv-00076-LRH-RAM

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Jones

Filed 02/13/2007
to perform

Page 11 of 20
of a

1
2 3 Branch

44.

LDS Church including

empowered

all duties

President

counseling, and

spiritual other duties

and moral for LDS

guidance, families. Jones and

religious Defendants would be

instruction,

ministry

4
5

knew that as part of his duties as a Branch President, in a position families, 45. For of trust and confidence with the

church

6
7

community

including the purpose also

Plaintiff of

in this case. his the duties trust, as a Branch

furthering gained As with

8
9 10 11 12
13

President, admiration conditioned respect matters.

Jones and to

sought of

and

friendship, Plaintiff and was to

obedience trust

Plaintiff. to comply

a result, Jones'

Jones

direction,

Jones as a person

of authority

in spiritual,

moral and ethical

46. capacity

The relationship

Jones established

with plaintiff

in his

14
15 16 17

as the Branch President

of the LDS Church, continued

in Jones' at

contact with Plaintiff OHS where Plaintiff 47. employment

through the course and scope of his employment

was a student. while acting within the course and scope of his of trust as to a

Jones,

18 19 20 21 22 23

and agency, and using the authority for the Defendants, sexual acts with

and position

a Branch President engage harmful in various

induced and directed Plaintiff Jones. These acts constituted

or offensive 48.

touching

of Plaintiff. Jones sexually instances abused and molested

Specifically,

Plaintiff

from 2001 to 2002, including as well as instances

of fondling and mutual intercourse

24 25
26

masturbation,

of oral sex, and sexual

while Jones was serving each of the Defendants. 49. Jones used the grooming process to accomplish of the Plaintiff. and for the Jones' grooming purposes
LTD.

his acts of

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28

sexual molestation in direct

was

(1) committed Jones'

connection

of

fulfilling

MARVEL & KUMP,

Attorneys at Law 217 Idaho Street Elko, NY 89801 775-777-1204

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Case 3:07-cv-00076-LRH-RAM
1 employment

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Page 12 of 20
within (3)

and agency with each of the Defendants;

(2) committed

2
3

the time and space limits of his agency with each of the Defendants;

done initially and at least in part from a desire to serve the interests of the Defendants; with kind (4) done directly in the performance generally to perform of his duties of a

4
5

each of the Defendants; and nature and which Jones

(5) consisted was required

of actions for each

6
7 8 9

of the
tOI

Defendants; power vested

(6) was done at the direction

ofl

and pursuant

the

in him by each of the Defendants. As a result
I

50. breach

of

Jones

I

sexual

abuse

I

molestationl has
I

and and

10
11

of authority

trust

and posi tionl

Plaintiff

suffered

continues

to suffer severe debilitating

physicall

mental

and emotional trauma I and

12
13

injurYI

including pain and sufferingl physical and emotional psychological 51. damage
I

permanent

in amounts of this

to be proven sexual to abuse sustain

at trial. and breach injuries of and

14 15
16 17 18 19 trust

As a direct has

result and

Plaintiff

sustained

continues

damages

in an amount to be proven 52. As a further

at trial. of the molestationl Plaintiff has

result

incurred or will continue to incur costs of counseling treatment in an amount to be proven at trial.

and psychological

20

FIFTH CAUSE OF ACTION Sexual Abuse of a Child/Respondeat Superior 53. above
I

21
22
23

Plaintiff

restates

and real leges Paragraphs

1 through
with sexual

52

and incorporates 54. In the

the same as if fully set out herein. course and scope of his employment in various ECSD
I

24 25
26 Jones

induced

and directed

Plaintiff

to engage a harmful

acts of

with Jones. Plaintiff. occasions

These acts constituted Jones
I

or offensive occurred

touching

27
28

sexual molestation 2001 and 2002.

of Plaintiff

on several

between

MARVEL & KUMP, LTD.

Attorneys at Law 217 Idaho Street
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775-777-1204

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assault

Page 13 of 20
of Plaintiff

1
2 3 4

55. and ultimately

Jones was arrested convicted

for his sexual

of Statutory

Sexual Seduction

of a Minor under

sixteen pursuant 56. acts Plaintiff including

to NRS 200.368

and 200.364. result of Jones' intentional at trial, and

As a direct has suffered

and proximate damages

5

in an amount to be proven damage, pain

6
7

emotional

and psychological as are proven

and suffering,

such other damages 57. entitled

at trial. of Jones' malicious acts Plaintiff is

8
9

As a consequence damages.

to punitive 58.

10
11 12 13

As a further

result

of the molestation,

Plaintiff

has

incurred or will continue to incur costs of counseling treatment in an amount to be proven at trial.

and psychological

SIXTH CAUSE OF ACTION Failure to Report Suspected Child Sex Abuse By ECDS and the LDS Church 59. Plaintiff restates and real leges Paragraphs

14
15 16 17

1 through

58

above, and incorporates 60.

the same as if fully set out herein. cause to suspect child abuse or

Despite having reasonable

18
19 20 21 22

neglect of the minor Plaintiff, obvious conduct

ECSD and the LDS Church failed to report by Nevada law and further failed to

signs of abuse as required a reasonable 61. As investigation.

a direct to report

and proximate

result

of ECSD

and

the

LDS

Church's

failure

child sex abuse by Jones against and other applicable period

Plaintiff

23 24
25 26

as required under NRS 432B.220 to sexually abuse Plaintiff As a direct

law, Jones was able of time. and the LDS as has

over an extended and proximate

62.

result

of ECSD

Church's failure to report child sex abuse by Jones against Plaintiff required under NRS 423B. 220 and other applicable law, Plaintiff

27
28

suffered damages

in an amount to be proven at trial, including emotional
MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NV 89801 775-777-1204

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and psychological are proven

damage, pain and suffering,

and such other damages as

2

at trial. 63. As a further result of the molestation, Plaintiff has

3
4 5

incurred or will continue to incur costs of counseling treatment in an amount to be proven at trial.

and psychological

6
7

SEVENTH CAUSE OF ACTION Neelieent Trainine and Supervision

8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 trust hierarchal hierarchal

64.

Plaintiff

restates and real leges Paragraphs

1 through
supervise victims

63

above, and incorporates

the same as if fully set out herein. Church had a duty to train and its of

65.

The

LDS

clergy

including

but not

limited

to, assisting

child abuse, reporting making church leaders

incidents of child abuse to property familiar with State child

authorities, reporting

abuse

statutes. 66. The LDS Church had an additional in positions duty to supervise its

clergy and members

of authority.

The LDS Church and as a

failed to supervise result, Plaintiff 67. Plaintiff

Jones in his position

as Branch President,

was sexually

abused by Jones. of this sexual to abuse sustain and breach inj uries of and

As a direct has

result and

sustained

continues

damages

in an amount

to be proven

at trial. of the molestation, Plaintiff has

68.

As

a further

result

incurred or will continue to incur costs of counseling treatment in an amount to be proven at trial.

and psychological

25
26

EIGHTH CAUSE OF ACTION Intentional Infliction of Emotional Distress 69. Plaintiff restates and real leges Paragraphs 1 through 68

27
28

above, and incorporates

the same as if fully set out herein.
MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NY 89801 775-777-1204

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1
2 3 outrageous distress

70.

Each

of

the

Defendants reckless

herein

engaged for

In extreme

and

conduct

with

disregard

causing

emotional

to Plaintiff. 71. Each of the Defendantsl outrageous having conduct was the actual suffered an apparent
1

4 5

andlor approximate
breakdown

cause of the Plaintiff

6
7
8

and attempting

to hang herself in her parentsl in a residential

basement

which

caused Plaintiff

to be hospitalized August a
261

treatment January of the
71

facility
2003.
1

from approximately

2002 to approximately and has proximate suffered result damages

9

72.
intentional

As acts
1

direct

Defendants

10

Plaintiff

In an amount damage at
1

to be

11 proven at 12 13 14
15 16 17 suffering
1

triall

including emotional such other
1

and psychological as are proven

pain and As a to

and

damages malicious

trial.

consequence punitive

of Defendants

actsl

Plaintiff

is entitled

damages.
73.

As

a further

result

of the molestationl

Plaintiff

has

incurred or will continue to incur costs of counseling treatment in an amount to be proven at trial.

and psychological

18
19
20 21 22 23 24 25 26 property above
1

NINTH CAUSE OF ACTION Neelieent Infliction of Emotional Distress 74. Plaintiff restates and real leges Paragraphs 1 through 73

and incorporates 75. train had

the same as if fully set out herein. duty to ECSD

ECSD and the LDS Church each had an affirmative and adequately supervise to protect Jones
1

activities.

additionally

an obligation criminal and

Plaintiffl

a student at ORS1

from its employee/s 76. supervise and ECSD

and intentional LDS and Church

misconduct. failed to properly trainl Jonesl

the Jonesl

27 28

monitor

despite

reports concerning

III
MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NY 89801 775-777-1204

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1 2

inappropriate

conduct with Plaintiff,

failed to act or protect Plaintiff

from sexual abuse by Jones. 77. supervision As a direct and approximate conduct result of ECSD's negligent one of

3
4 5

of Jones and negligent Plaintiff was

in failing to protect by Jones

its students, period

sexually

abused

for an extended

6
7

of time. 78. Plaintiff suffered failure failure extreme emotional distress caused by sexual to

8 9
10 11 12 13

ECSD

and the LDS

Church's

to protect to supervise

her from further Jones,

abuse by Jones and their hang herself mental

and attempted

in her family's basement. and was hospitalized from

Plaintiff In a

suffered mental August

from extreme hospital 27, 2002 and to

distress

residential approximately

treatment January As

center 7, 2003.

approximately

14
15 16 17 18 19 20 21 22 Church's be proven

79.

a direct

and proximate

result

of ECSD

and

the

LDS

negligent at trial,

acts, Plaintiff including

has suffered damages in an amount to and psychological as are proven malicious damage, paln As a is

emotional damages

and suffering, consequence entitled

and such other

at trial. acts,

of ECSD and the LDS Church's damages. result

Plaintiff

to punitive 80. As

a further

of the molestation,

Plaintiff

has

incurred or will continue to incur costs of counseling treatment in an amount to be proven at trial.

and psychological

23

TENTH CAUSE OF ACTION Conspiracy 81. above, Plaintiff restates and realleges Paragraphs 1 through 80

24
25
26

and incorporates 82.

the same as if fully set out herein.

27
28 the

That ECSD and the LDS Church knew or should have known of of their agent Jones and the said Defendants by and

acti vi ties

MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NY 89801 775-777-1204

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1

through their agentst andlor employeest themselves to one chose not to investigatet all in an attempt

conspired and in concert amongst information secret the

2

andlor did not provide to cover up or keep

3
4

another t

activities

of Jones In regards 83.

to the injuries

sustained

by Plaintiff.

5

That as a direct and proximate special and general PRAYER

result of the conspiracYt

6
7 8
9 10 11 12 13 14 15 16 17

Plaintiff

has suffered

damages.

FOR RELIEF for judgment In its favor and

WHEREFOREt against Defendants

Plaintiff

prays

as follows: and general and damages for pastt paint present

1.
and future distress

For compensatory psychologicalt

physical

emotional

sufferingt

and injury;

2.
Jones;

For

puni ti ve

damages

as

set

forth

against

Defendant

3.
ECSD; 4.

For the punitive

damages

as set forth against

Defendant

For the punitive

damages

as set forth against

Defendant

tCns sre nt he e la lFo t ca lmhuu ut pa 7 o f in f chuaoir tid ft ti u taeS o chao e; ig he s s i 6 18 tLIatnyneiuuinf5y. rement fot f efDnsudmg;nrmsh8.n eorn ron;l ci e. nj n puf d

24

lut s os the imum fFou max rre;

III

9. t ra legal e; of pre-judgment and post-judgment interest at

MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NY 89801 775-777-1204

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1
2

10. future medical,

For

all

special

damages

including

past,

present

and

counseling,

and psychological at trial; costs of suit; reasonable

treatment

and all other

3 4

costs in an amount 11. 12. 13.

to be proven

For Plaintiff's For Plaintiff's

5
6
7

attorney's

fees; and

For such other and further relief as the Court may deem

just and proper. DATED this 13th day. of February,

8
9
10

2007.

11
12 13 14 15 16 17

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19
20 21

22 23 24 25 26 27 28
MARVEL & KUMP, LTD. Attorneys at Law

217 Idaho Street
EIko, NY 89801

775-777-1204

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1
2 3 4

Jeffrey J. Kumpi Esq. (Bar No. 5694) MARVEL & KUMPI LTD. 217 Idaho Streetl P.O. Box 2645 Elkol NV 89803-2645 Telephone: [phone] Facsimile: [phone]

5 Attorneys
6

for Plaintiff UNITED STATES DISTRICT OF NEVADA COURT

7
DISTRICT

8 9
10 DA-DAZE-NOM MANZANARES
I

Plaintiffl

11 vs.
12 13 14 15 16 17 ELKO COUNTY SCHOOL DISTRICTI and GARY LEE JONES I SR'I as agent for ELKO COUNTY SCHOOL DISTRICTI and GARY LEE JONES I SR'I individuallYI and CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS I a foreign corporation registered to do business in the State of Nevadaj CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATrERDAY SAINTS AND SUCCESSORS I a foreign corporation registered to do business in the State of Nevadaj and Does 1-51 and XYZ Corporations 1-5. Defendants.

CERTIFICATE REQUIRED BY LOCAL RULE 10-6

18
19 20

21 22
The undersignedl certifies case: that

/
counsel of record for Plaintiff have an interest above-namedl of this those

23
24
25

the following are no known

in the outcome other than

There

interested

parties

pII ticipating this Iar case. in

MARVEL & KUMP,

LTD.

Attorneys at Law 217 Idaho Street Elko, NY 89801

Case 3:07-cv-00076-LRH-RAM

Document 1

Filed 02/13/2007

Page 20 of 20

1 2 3 4 5 6
7

These representations are made to enable judges of the court to evaluate possible recusal. DATED this 13th day of February, 2007.

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9 10

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12 13

14
15

16
17

18 19
20 21 22

23
24

25
26

27
28
MARVEL & KUMP, LTD. Attorneys at Law 217 Idaho Street Elko, NY 89801 775-777-1204