IN THE CIRCUIT COURT OF CROSS COUNTY, ARKANSAS a ar eatin No. ©. JOSEPH BOECKMANN, JR. DEFENDANT COMPLAINT Paints, TS A, 2 NE, for their cause of action ‘against the Defendant, state: |. STATEMENT OF JURISDICTION 1. This claim is brought pursuant to this Courts jurisdiction over claims predicated on torts, such jurisdiction granted by A.C.A. § 16-13-201. Plaintifs have suffered losses and damages in an amount.n excess of any minimum requirement for ‘federal cour jurisdiction in diversity of citizenship cases, 2 Venue is proper under A.C.A, § 18-60-12 in tht the incident herein ‘complained of occured in Croes County, Arkansas. 1, PARTIES TO THE CLAIM 3. Plante are resident of Cross County, Arkansas. 4, tthe tie ofthe Incident described further herain, Defendant was a resident of and Distiet Court Judge n Cross County, Arkansas. I, STATEMENT OF THE CASE 8, Defendant, Joseph Boeckman, was the presiding District Court Judge in Cross County rom January 1, 2008 to May 9, 2016, Piainit{ AMEE appeared ‘before Boeckmann in 2009, 2010, 2011 and 2012, Some charges were diemissed by Defendant, and some required Plaintt Stapler to pay fines, In 2013, Plain entered Into & personel employment relationship wth Defendant while his fines remained ‘outstanding o Cross County District Court, During this time, Planting wars photographed nude by Defendant as he assumed poses requested of him. Further, Defendant engaged in sexuel contact with Plaintt SS by touching Sagbuttocks while posing nude for photographs, Defendant paid Piainttf M@ifor these photigraphs. Sie 6. Praintt, SERIE vas 2 minor witha trafic violation in front ot Defendant Boeckmann. Defendant Boeckman dismissed Plaintiffs charges on June 2, 2014 and alowed him to participate in ‘community servoe." Defendant instructed Plant oben over and pick up cars: Defendant photographed Pant from behind he picked up cans as nsiructed 7. Plaintif( MIMI appeared before Defendant in 2010 on misdemeanor charges. Plant allowed Defendant to photograph him lothed and unclothed in ‘exchange for money. Plain also assisted in removing porographio images from Defendant's personal computer located in his home. This relationship continued unt 2016. IV. TORT OF OUTRAGE 8. Plaintiffs incorporate Paragraphs 1 through 7 as If spectficaly eet forth herein 3. Am action for outrage is particularly appropriate when there has been 2 Volation of a trusted relationship and the damages arise from the postion and ‘occupation ofthe actor. Rees v. Smith, 2008 Ark, 161, 301 S.W.3d 487 (2006). 10. Defendant wilfuly and wantonly engaged in extreme and outrageous conduct 11. Defendant's conduct was so outrageous in character, and so extreme in degree, as to go beyond the bounds of decency, and to be regarded as atrocious and Uuterty intolerable in civilized socity. 12. Defendant witfully engaged in the courtroom practice of awarding “community service” to certain itigants based on gander. Said "community service" ‘generally entaied certain Caucasian male Itigants picking up cane at Defendant's, Page 2 of 7residence or on city roads in Wynne, Cross County, Arkensas. 13, Defendant witfuly made it practice to photograph the buttocks of the male ltigants while picking up cans: Seid photographs were retained by Defendant for his own personal use. 114, Defendant used his judicial status to form personal and sexual relationships with certain male itigants. 18. Defendant contacted Piaintfs under the guise of establishing or verifying the “communty service" had been completed. Said verification involved the itgants, bringing the cans they had picked up to Defendant's residence or office. At that ime, Defendant would solicit nude photographs. 16. Defendant knew or should have known that his outrageous conduct would result in emotional distress to Plaintiffs. Despite this knowledge, Defendant continued to engage in euch conduct in reckless disregard of the consequences. 17. Plaintiffs suffered damages, as set forth herein. Defendant's outrageous ‘conduct directly and proximately caused Plaintiffs’ damages, including extreme ‘emotional distress. \V. ABUSE OF PROCESS 18, Plaintiffs incorporate Paragraphs 1 through 17 as If specifically set forth herein. 19. The Defendant committed Abuse of Process, which was the proximate ‘cause of the above described incident and Plaintifs'resuting damages in the following particulars: ‘&. By setting in motion logal proceedings against Plants; 'b. By using such legal proceedings to accomplish an uteri purpose {for which it was not designed; &. By wilfully using the lagal process in a manner not proper in the Page 3 of 7regular conduc ofthe proceeding: and, 4. By commiting the offense of Abuse ofa Publ Trust, in violation of ACA § 562-101. Vi. ASSAULT 70. _Plaintits incorporate Paragraphs 1 trough 19 as f spectcally set forth herein. 21, The Defendant commited assaul, which was the proximate cause ofthe above described incident and Plant @IIEMbresuitng damages inthe folowing particulars: By spanking or otherwise touching the buttocks of Plante; b. By acting In such a manner as to create 2 reasonable ‘apprehension of immediate offensive contact upon Plaintiffs; By Intending to cause that apprehension; and, 4. By putting Pinte in apprehension of immediate offensive contact. Vil. BATTERY 22, Plaintifs Incorporate Paragraphs 1 through 21 as Hf specifically set forth herein. 23, The Defendant commited battery, which was the proximate cause of the ‘above described inoident and Plaintfs' resulting damages inthe fllowing particulars: 2. By spanking or otherwise touching the buttocks of Plaintiff; and, b. By acting with intent to cause offensive contact with Plaintis VIIL INVASION OF PRIVACY 24, Plaintfe incorporate Paragraphs 1 through 23 as Hf specifically set forth herein. 28. The Defendant committed the tort of invasion of privacy, which was the Page 4 of 7proximate cause of the above described incident and Plaintiffs resulting damages in he following particulars: b By intentional intruding upon Pais’ soltude or seclusion; By belleving or was substantially certain that he lacked the ‘necessary legal authority or personal permission, invitation, or valid consent fe comm the itrusive act By commiting an ect that wes highly offensive fo a reasonable person, a the result otcenduct to which # reasonable person would strongly abject ‘By coercing Panis to patcpate in community service and subjecting them to his wl and, By commiting the offense of Harassment, violation of A.C.A.§§- 71-208. IX. BREACH OF FIDUCIARY DUTY 28. Plaintiffs incorporate Paragraphs 1 through 25 as if specifically set forth herein. 27, Defendant Boeckmann breached his fiuctary duty to Planfitfs, which is the proximate cause of the above described incident, resulting in Pianta’ damages in the following particulars: ‘a. The relationship between Judges and itigants ls based on trust and confidence that the Judge wil abide by the Code of Judicial Conduct; b. By nature of thelr status, Judges act fr litigants, have influence over litigants, and are dominant over itigants. There is acute inequality between Judges and Ihigants; the latter are dependent on the former, creating @ fiduciary duty between them; ¢ Defendant Boeckmann had a duty to Piaitifs,Iigants in his Court, to Page 5 of 7abide by the Code of Judicial Conduct; and, 4. Defendant Bookman breached his fiduclary duty to Plaintiffs by ‘spanking or otherwise touching the buttocks of Plaintiff, and by committing the offenses of Coercion, Harassment, and Abuse of a Pubic Trust, X. PROXIMATE CAUSE 28. Plaintfs incorporate Paragraphs 1 through 27 as if specifically set forth herein. 29. Asa proximate result of the negligence and recklessness of the Defendant, the Plaintiffs sustained damages. Xi, DAMAGES 20, Plaintiffs incorporate Paragraphs 1 through 28 as If specifically set forth herein. 31. Plaintfe claim they are entitled to recover forthe folowing demages, which were proximately caused by the negligence of the Defendant: ‘2, damages for emotional distress suffered by Plaintiffs; and, b. _any,and all other damages allowed under state and federal law. 32, Plaints total compensatory damages shall be proved by the evidence presented at trial and are within any jurtsdictional requirements ofthis Court. 33. In addition to compensatory damages set forth above, and as a result of Defendant's wilful and warton conduct in disregard ofthe rights and safety of others, punitive damages should be Imposed to punish said Defendant and to deter similar ‘willful and wanton conduct in others. Vil, DEMAND FOR JURY TRIAL 34, Plains respectfully demand a trial by Jury. WHEREFORE, Plaintiffs pray for judgment against the Defendant, Joseph Page 6of 7Boeckman, J. In an amount in excess of any minimum requirement for federal court |uredition in diversity of citizenship cases; post judgment interest where applicable; ‘court costs, attorney fees, and forall other relief to which Plaintiffs may be entitied, Page 7 of 7