STATE OF MINNESOTA DISTRICT COURT

COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT

PERSONAL INJURY

John Doe 170, Court File No.:

Plaintift

COMPLAINT
The National Boy Scouts of America Foturdation
dlblaThe Boy Scouts of America, Northern Star Council
Boy Scouts of America, Mary Mother of the Church
Catholic Church, Archdiocese of St. Paul and
Minneapolis and Peter Stibal,

Defendants.

Plaintiff, for his cause of action against Defendants, alleges that:

PARTIES

l. Plaintiff John Doe 170 is an adult resident of the State of Minnesota. The identity

of Plaintiff John Doe 170 has been disclosed under separate cover to Defendants.

2. The National Boy Scouts of America Foundation dlbla The Boy Scouts of

America ("BSA") was and is a congressionally chartered corporation, authorized to do business

in Minnesota, with its principal place of business and its agent for service located at 1325 W.

Walnut Hill Lane,Irving, TX 75038.

3. Northern Star Council Boy Scouts of America ("Northern Star") is a non-profit

corporation organized under the laws of the State of Minnesota and with its principal place of

business located at393 Marshall Avenue, St. Paul, MN 55102.

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 4. Mary Mother of the Church Catholic Church ("Mary Mother") is an

unincorporated Roman Catholic Church located at3333 Cliff Rd., Burnsville, MN 55337.

5. The Archdiocese of St. Paul and Minneapolis ("Archdiocese") is a non-proFrt

corporation organized under the laws of the State of Minnesota with its principal place of
business located at226 Summit Avenue, St Paul, MN, 55102.

6. Peter Stibal is an adult resident of the State of Mimesota who, at all times
material, was a scoutmaster in a Boy Scout troop in Burnsville, Minnesota and in that capacity,

the agent and employee of Defendant BSA and Northem Star. Peter Stibal was also, at all times

material, a youth group leader, agent and employee of Defendant Mary Mother and the

Archdiocese.

FACTS

7. Upon information and beliet Defendant Stibal was the scoutmaster of Plaintiffs

Boy Scout troop, troop number 3650located in Burnsville, Minnesota.

8. Plaintiff came to know and trust Defendant Stibal when Defendant Stibal was the

PlaintifP s scoutmaster.

9. In2009, Plaintiff participated in a mission trip to Mexico through the Defendants

Archdiocese and Mary Mother.

10. Defendant Stibal participated in the mission trip to Mexico as a youth group

leader and chaperone.

I 1, While on the trip to Mexico, Defendant Stibal engaged in harmful sexual contact

and abuse upon the person of PlaintifÏì

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 12. Defendants sought and gained the trust and confìdence of PlaintifPs parents and

gaìned Plaintiffls parents' consent for Plaintiff to participate in the mission trip based upon the

trust that was gained through BSA. Northern Star. Archdiocese and Mary Mother activities and

also gained the parents' directive to the minor Plaintiff that he respect those in authority with the

BSA, Northern Star, Mary Mother and Archdiocese.

13. For the purpose of fuilhering his duties as Defendants' agent, Stibal also sought

and gained Plaintiff s trust, friendship, admiration and obedience. As a result, the minor Plaintiff

was conditioned to comply with Stibal's direction and to look to him as an authority figure.

14. Stibal's primary contact with Plaintiff came through Stibal's leadership and

supervisory position at Northern Star, which was owned or controlled and operated by BSA. At

all times relevant, Stibal \vas an employee and agent of Defendants. Stibal was also under

Defendants' control, dominion and supervi sion.

15. Using the power, authority and trust of his positions within the BSA, Northern

Star, Archdiocese and Mary Mother and availing himself of Defendants' representations to

parents that the Boy Scouts and church activities were moral and safe places for boys, Stibal

enticed, induced, directed and coerced PlaintifT to sleep in the same bed while traveling to

Mexico where Stibal engaged in sexual contact with him during 2009, while Plaintiff was a

minor.

16. The Defendants negligently permitted Stibal to sleep alone with Plaintiff while on

the Mission trip causing Plaintiff to be injured by the sexual abuse.

17, The BSA and Northern Star knew for decades that sexual predators of boys had

infiltrated scouting. These Defèndants knew or should have known the danger that pedophiles

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presented to boy scouts before Plaintiff was abused and either knew or should have known the

danger that Defendant Stibal presented before Plaintiff was abused, but instead ignored that

danger and permitted Stibal and other pedophiles in scouting to prey upon young boys, including

Plaintiff.

18. BSA's own internal "Ineligible Volunteer Files" (also called "the conhdential

records"), records it collected and maintained in secrecy for at least seventy years, reveal that

scouting is a pedophile magnet and sanctuary for child molesters.

19. BSA's confidential records demonstrate both its awareness of Scouting's

attraction to pedophiles but also the distinctive characteristics of scouting that render scouts

particularly susceptible to pedophiles.

20. Defendants knew or should have known that scouting attracts pedophiles because:

a) Scouting provides the pedophile access to boys alone and away from their parents in secluded

settings like camp-outs and overnight hikes. It provides opportunities for the pedophile to

seduce a boy by getting him in situations where the boy has to change clothing or spend the night

with him; b) the pedophile scout authority can, depending on the pedophile's age preference,

volunteer for and be sure to have access only to boys of a certain age; c) Defendants condition

boys to the concept of strict obedience to the scout authority and a bonding mechanism that

pedophiles crave; d) Defendants promote the idea of secret ceremonies, rituals and loyalty oaths,

all of whioh help facilitate the pedophile's efforts to keep the victims silent and compliant; e) at

the time of the abuse, Defendants conducted no criminal background checks on its volunteers

and any background checks they did were insufficient.

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 21. BSA was aware for decades prior to the year 2007 thatit had ejected thousands of

pedophiles from its ranks of leadership in local Scout Troops and failed to inform its Scouts and

their parents of that fact.

22. BSA knew or should have known that its "ineligible volunteers" system of

keeping track of pedophiles infiltrating its ranks and attempting to eliminate them did not

function as it was intended, was flawed, and in many cases ineffective. Despite that knowledge,

BSA did nothing to educate its Scouts and their parents of the ineffectiveness nor of the enormity

of the pedophile problem, nor to take action to correct its screening and/or education system.

23. The Archdiocese and Mary Mother are aware that it is a well-known hazard for

youth workers and chaperones to sexually abuse children.

24. Even though the Archdiocese and Mary Mother had policies in place to prevent

the sexual abuse of children, including Plaintiff, the Archdiocese and Mary Mother knew that

those policies were not being followed. This failure resulted in and/or conhibuted to Defendant

Stibal being able to isolate the Plaintiff in a hotel room and sexually abuse the Plaintiff.

25. As a direct result of the Defendants' conduct described herein, Plaintiff has now

realized that he has suffered and will continue to sufler great pain of rnind and body, severe and

permanent emotional distress, physical manifestations of emotional distress, embarrassment, loss

of self-esteem, humiliation, and psychological injuries. Plaintiff was prevented and will continue

to be prevented from performing his normal daily activities and obtaining the full enjoyment of

life; has incurred and will continue to incur expenses for medical and psychological treatment,

therapy, and counseling; and, on information and belief, has incurred and will continue to incur

loss of income and/or loss of earning capacity.

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 COUNT I:
CHILD SEXUAL ABUSE _
DEFENDANT STIBAL

26. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth under

this count and further alleges:

27. In 2009, Stibal engaged in harmful sexual contact and abuse upon the person of

the minor Plaintiff.

28. As a direct result of Defendant Stibal's wrongful conduct, Plaintiff has suffered

the injuries described herein.

DEFENDANTS BSA AND NORTHSTAR

29. Plaintiff incorporates all paragraphs of this Complaint as if frrlly set forth under

this count and further alleges:

30. At all times, Stibal was under the direction, supervision and conhol of the

Northem Star and BSA and were otherwise their agents.

31. At all times, Stibal and Northem Star were under the direction, supervision and

control of the BSA and were otherwise their agents.

32. By establishing, stafÏing, and/or operating a Boy Scout troop, encouraging the

membership and instruction of the Plaintiff in this Boy Scout troop and accepting the

rnembership of the Plaintiff in this Boy Scout troop, and holding the Boy Soout troop out to be a

safe environment for learning and engaging in youth activities, Defendants entered into an

express and/or implied duty to provide a reasonably safe environment for children, including the

Plaintiff.

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 33, Defendants further assumed this duty by holding Stibal out to the public,
including Plaintifl as a competent and trustworthy supervisor, scout leader, employee, teacher,

and counselor.

34. The BSA and Northem Stæ negligently retained and supervised Stibal when the

Defendants knew or should have known that Stibal posed a threat of sexual abuse to children.

35. Upon information and belief, while Defendant Stibal was an employee and/or

agent, and acting as a scoutmaster, Defendants BSA and Northern Stal became aware that

Defendant Stibal was unfit to serye as a scoutmaster. Despite this information, Defendants BSA

and Northern Star negligently retained the Defendant Stibal where Stibal was able to sexually

abuse the minor Plaintiff.

36. BSA was a\ryare for decades prior to the year 2007 that it had ejected thousands of

pedophiles fi'om its ranks of leadership in local Boy Scout Troops.

37. It was foreseeable to the Defendants BSA and Northern Star that Boy Scout troop

leaders would sexually abuse the children in the Boy Scout troop.

38. Despite this knowledge, Defendant BSA and Northern Star failed to exercise

reasonable care to supervise the Defendant Stibal.

39, As a direct result of Defendant BSA's and Northern Star's negligence, Plaintiff

has suffered the injuries alleged herein.

COUNT III: NEGLIGENCE -

DEF'ENDANTS BSA AND NORTHERN STAR

40. Plaintiff incorporates all paragraphs of this Complaint as if futly set forth under

this count and further alleges:

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 41. By establishing, staffing, and/or operating a Boy Scout troop, encouraging the

membership and instruction of the Plaintifï in this Boy Scout troop and accepting the

membership of the Plaintiff in this Boy Scout troop, and holding the Boy Scout troop out to be a

safe environment for learning and engaging in youth activities, Defendants entered into an
express and/or implied duty to provide a reasonably safe environment for Plaintiff and assumed

the duty to protect and care for the minor Plaintiff.

42. Defendants further assumed this duty by holding Stibal out to the public,
incltrding Plaintift as a competent and trustworthy scout leader, supervisor, employee, teacher,

and counselor.

43. As a direct result of Defendants BSA's and Northern Star's negligent conduct,

Plaintiff has suffered the injuries and damages described herein,

COUNT IV: NEGLIGENT SUPERYISION -

AND MARY MOTHER

44. Plaintiff incorporates all paragraphs of this Complaint as if frrlly set forth under

this count and further alleges:

45. At all times material, Defendant Stibal was employed by, and/or was an agent of

Defendants Archdiocese and Mary Mother. Defendant Stibal was under Defendant

Archdiocese's and/or Mary Mother's direct supervision, employ and control when he committed

the wrongful acts alleged herein. Defendant Stibal engaged in the wrongful conduct while acting

in the course and scope of his employment with Defendants Archdiocese and/or Mary Mother

and/or accomplished the sexual abuse by virtue of his job-created authority as a chaperone.

46. Defendants Archdiocese and Mary Mother had a duty to supervise Stibal while he

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and Plaintiff were on the mission trip in 2009.

47. Defendants Archdiocese and Mary Mother breached that duty when they failed to

exercise ordinary care in supervising Defendant Stibal on the mission trip to Mexico in 2009,

48. Defendants Archdiocese and Mary Mother failed to prevent the foreseeable

misconduct of Defendant Stibal from causing harm to others, including the minor Plaintiff
herein.

49. As a direct result of Defendant Archdiocese's and Mary Mother's negligent

conduct, Plaintiff has suffered the injuries and damages described herein.

COUNT V: NEGLIGENCE -
DEF'ENDANTS ARCHDIOCESE OF ST. PAUL AND MINNEAPOLIS
AND MARY MOTHER

50. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth under

this count and further alleges:

51. Further, by establishing and operating a church, encouraging the membership and

instruction of Plaintiff in this church, and holding the church to be a safe environment for

leaming, worship and spiritual growth, Defendants Archdiocese and Mary Mother entered into

an express and/or implied duty to provide a reasonably safe envirorunent for the minor Plaintiff,

52. By accepting custody of the minor Plaintiff and taking Plaintiff on the mission

trip to Mexico in2009, Defendants Archdiocese and Mary Mother had the duty to protect and

care for the Plaintiffwhile he was on the rnission ilip.

53. Defendants Archdiocese and Mary Mother breached their duty to provide a
reasonably safe environment and their duty to protect and care for the Plaintiff when they

allowed Defendant Stibal to sleep in the same room and the same bed with the minor Plaintiff.

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 54. The acts of Defendant Stibal were foreseeable.

55, As a direct result of Defendants' negligent conduct, Plaintiff has suffered the

injuries and damages described herein.

COUNT VI: VICARIOUS LIABILITY -

56. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth under

this count.

57. At all times material, the BSA and Northern Star employed Stibal. Stibal was

under the BSA's and Northern Star's direct supervision, employ, and control when he committed

the wrongful and negligent acts described herein. Stibal engaged in this conduct while acting in

the course and scope of his employment with the BSA and Northem Star and/or accomplished

the sexual abuse by virtue ofhisjob-created apparent authority.

58. The BSA and Northern Star granted Stibal authority to perform as an agent within

the BSA and Northem Star. The BSA and Northem Star held Stibal out to the community as a

fit and competent agent of the BSA and Northem Star. Stibal committed the acts alleged within

the apparent authority arising from his agency. Said conduct was undertaken in the course and

scope of Stibal's employment with the BSA and Northern Star and/or was ratified by the BSA

and Northern Star.

59. Stibal was acting at least in part to serve the interests of his employer when he

committed the sexual abuse. Specifically, Stibal was acting as an agent, as well as using the

trust, power and authority of the position granted, while he was with the Plaintiff.

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Simultaneously, Stibal used that same power and authority to gain Plaintiffs confidence and trust

and to sexually abuse Plaintiff.

60. By using his position and the trust, power and authority of the position conferred

on him, Stibal purported to act and/or speak on behalf of the BSA and Northern Star when he

committed the tortious acts alleged herein. Plaintiff further relied upon Stibal's apparent

authority to act on behalf of the BSA and Northern Star.

6l. The sexual abuse of a minor boy scout by a scout leader was a foreseeable and

well-known hazardof the industry.

62. Stibal conducted his tortious conduct during his agency relationship with the BSA

and Northem Stat while actually or apparently providing supervísion and mentoring to Plaintiff.

The BSA and Northern Star are liable for the negligent and wrongful conduct of Stibal under the

law of vicarious liability, including the doctrine of respondeat superior.

63, As a direct result of conduct described herein, Plaintiff has suffered the injuries

and damages described herein.

COUNT VII: VICARIOUS LIABILITY -

AND MARY MOTHER

64. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth under

this count and further alleges:

65. At all times material, Defendant Stibal was employed by Defendants Archdiocese

and/or Mary Mother as a chaperone on the mission trip to Mexico. Defendant Stibal was under

Defendant Archdiocese's and/or Mary Mother's direct supervision, employ and control when he

committed the wrongful acts alleged herein. Defendant Stibal engaged in this conduct while

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acting in the course and scope of his employment with the Defendants Archdiocese and/or Mary

Mother, while serving as an agent of the Defendants Archdiocese and/or Mary Mother and/or

accomplished the sexual exploitation by virtue of his job-created authority. Therefore,

Defendants Archdiocese and Mary Mother are liable for the wrongful conduct of Defendant

Stibal under the law of vicarious liability, including the Doctrine of Respondeat Superior.

66, As a direct result of conduct described herein, Plaintiff has suffered the injuries

and damages described herein.

DAMAGES

67. As a direct result of the Defendants' conduct described herein, Plaintiff has now

realized that he has suffered and will continue to suffer great pain of mind and body, severe and

petmanent emotional distress, physical manifestations of emotional distress, embarrassment, loss

of self-esteem, humiliation, and psychologioal injuries. Plaintiff was prevented and will continue

to be prevented from perfbrming his nonnal daily activities and obtaining the full enjoyment of

life; has incurred and will continue to incur expenses for medical and psychological treatment,

therapy, and counseling; and, on infbrmation and belief has incurred and will continue to incur

loss of income and/or loss of earning capacity.

WHEREFORE, Plaintiff demands judgment against Defendants individually, jointly, and

severally in an amount in excess of $50,000 plus costs, disbursements, reasonable attorneys fees,

interest, and such other and further relief as the Court deems just and equitable.

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 PLAINTIFF DEMANDS A TRIAL TO A JURY ON ALL ISSUES SO TRIABLE.

Dated: April 15,2011. JEFF

"H) & ASSOCIATES, P.A.

By: Jeffrey R. Anderson,#2017

Patrick Vy'. Noaker, #274951
Attorneys for Plaintiff
366 Jackson Street, Suite 100
St. Paul, Minnesota 55101
(6st)227-9990

ACKNO}YLEDGMENT

The undersigned hereby acknowledges that sanctions, including costs,

disbursements, and reasonable attomey fees may be to Minn. Stat. $ 549.211
to the party against whom the allegations in this

fl"¿

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