| BishopAccountability.org
|
||
|
Text of Lawsuit against L.A. Cardinal [For diocesan and legal documents from the Aguilar suit and links to
articles, see our webpage on The
Aguilar Case.] SUPERIOR COURT OF THE
STATE OF CALIFORNIA LOS ANGELES COUNTY, CENTRAL DISTRICT
JOAQUIN AGUILAR MENDEZ )
)
Plaintiff, )
) Case No. __________________
)
vs. )
)
CARDINAL ROGER MAHONY, ) COMPLAINT FOR DAMAGES
THE ROMAN CATHOLIC ARCHBISHOP ) FOR:
OF LOS ANGELES, A CORPORATION SOLE, ) 1. NEGLIGENCE V.
CARDINAL NORBERTO RIVERA, ) MAHONY, ET. AL.
THE DIOCESE OF TEHUACAN, ) 2. NEGLIGENCE V.
DOES 1-100, ) RIVERA, ET. AL.
) 3. FRAUD
Defendants. ) 4. VIOLATION OF
) CALIFORNIA PENAL CODE
) § 182
) 5. VIOLATION OF
) CALIFORNIA PENAL CODE
) § 32
) 6. CONSPIRACY
) 7. INTENTIONAL
) INFLICTION OF
) EMOTIONAL DISTRESS
Plaintiff, Joaquin Aguilar Mendez, complains against the Defendants, and
each of them as follows: PARTIES
1. Plaintiff Joaquin Aguilar Mendez is an adult male. Plaintiff was a minor
at the time of the sexual abuse alleged herein.2. Cardinal Roger Mahony is the head of the Archdiocese of Los Angeles. Cardinal Mahony was in this position at all times material. Mahony is sued in his individual capacity and in his official capacity as head of the Archdiocese of Los Angeles. 3. At all times material, defendant The Roman Catholic Archbishop of Los Angeles, a Corporation Sole, (hereinafter "Archdiocese of Los Angeles") was and continues to be a California corporation authorized to conduct business and conducting business in the State of California with its principal place of business at 1531 West Ninth St., Los Angeles, California 4. Cardinal Norberto Rivera (also known as Cardinal Norberto Rivera Carrera) was at all times material the head of the Diocese of Tehuacan. Cardinal Rivera is sued in his individual capacity and in his official capacity as the former head of the Diocese of Tehuacan. 5. At all times material, defendant the Diocese of Tehuacan was and continues to be an organization operating in the United States and California with its principal place of business in Tehuacan, Puebla, Mexico. The Diocese of Tehuacan has used and had employees and agents working in the United States and California. 6. Defendant Does 1 through 100, inclusive, are individuals and/or business or corporate entities incorporated in and/or doing business in California whose true names and capacities are unknown to Plaintiff who therefore sues such defendants by such fictitious names, and who will amend the Complaint to show the true names and capacities of each such Doe defendant when ascertained. Plaintiff alleges upon information and belief that each such Defendant Doe is legally responsible in some manner for the events, happenings and/or tortious and unlawful conduct that caused the injuries and damages alleged in this Complaint. Each of the Defendant Does 1 through 100 is the agent, servant and/or employee of the other Defendants. 7. Defendants Diocese of Tehuacan and Cardinal Rivera were conducting business in California. Both also had an employee or agent working in California. The agent or employee was paid for his work in California. Cardinal Rivera and the Diocese of Tehuacan corresponded on this business with representatives of the church in California. Cardinal Rivera and the Diocese of Tehuacan conspired to violate or aid in the violation of California laws. Cardinal Rivera and the Diocese of Tehuacan conspired with their business operations in California to cover up and suppress any publicity of the felony crimes committed by its agent in California upon numerous children in California. Cardinal Rivera and the Diocese of Tehuacan accomplished their goal of minimizing public scandal and exposure of them in California and their agent's problems with the sexual abuse of minors. Cardinal Rivera and the Diocese of Tehuacan sent an agent with a history of sexual misconduct to California. Cardinal Rivera and the Diocese of Tehuacan caused a tortious injury by their concealment, aiding of, and facilitating of Nicholas Aguilar fleeing California. 8. Each Defendant is the agent, servant and/or employee of other Defendants, and each Defendant was acting within the course and scope of his, her or its authority as an agent, servant and/or employee of the other Defendants. Defendants, and each of them, are individuals, corporations, partnerships and other entities which engaged in, joined in and conspired with the other wrongdoers in carrying out the tortious and unlawful activities described in this Complaint. BACKGROUND FACTS APPLICABLE
TO ALL COUNTS
9. Plaintiff was raised in a devoutly Roman Catholic family, was baptized,
confirmed and regularly celebrated weekly mass and received the sacraments
through the Roman Catholic Church. Plaintiff was also educated and taught
the doctrines, theology and tenets of the Roman Catholic Church on matters
of faith, morals, and religious doctrine. Plaintiff therefore developed
great admiration, trust, reverence and respect for, and obedience to, Roman
Catholic clergy, who occupied a position of great influence and persuasion
as holy men and authority figures.10. Nicholas Aguilar (also known as Nicholas Aguilar Rivera) was a priest at all times material. Nicholas Aguilar was an adult at the time that he sexually abused Joaquin as a child. 11. In the late 1960's Nicholas Aguilar tried to molest a student while he was in seminary. 12. In the late 1960's Jorge Cadena, a seminary classmate of Nicholas Aguilar, found out that Nicholas Aguilar sexually attacked another seminary classmate. 13. Cadena reported to the priests in charge of the seminary that Nicholas Aguilar sexually attacked another seminary student. The seminary kicked Cadena out of school. 14. On July 27, 1970 Nicholas Aguilar was ordained a priest of Defendant Diocese of Tehuacan. 15. In 1976 Nicholas Aguilar become the first parish priest of San Sebastian Parish in Cuacnopalan. 16. On December 2, 1980 Plaintiff Joaquin Aguilar Mendez was born in Mexico City. 17. In 1986 or 1987 Nicholas Aguilar was brutally beaten at his parish residence. Police suspected one or more of the many young male visitors to the rectory, but Nicholas Aguilar asked that the case not be prosecuted. 18. On January 27, 1987 Defendant Norberto Rivera, then the Bishop of Tehuacan wrote to Defendant Roger Mahony, then Archbishop of Los Angeles, regarding the possibility that Nicholas Aguilar could come and work as a priest in Los Angeles. 19. In February or early March of 1987, Defendant Norberto Rivera and Defendant Diocese of Tehuacan transferred Nicholas Aguilar to the Archdiocese of Los Angeles, where Defendant Roger Mahony was in charge. 20. On March 16, 1987 Defendant Roger Mahony appointed Nicholas Aguilar as associate pastor at Our Lady of Guadalupe Church, Los Angeles. 21. Some between March and May of 1987, a Nicholas Aguilar victim, a child, tells Juan Robles, a part-time caretaker at Our Lady of Guadalupe, about Aguilar's misconduct. 22. On March 23, 1987, Defendant Norberto Rivera sends Defendant Roger Mahony a confidential letter that according to Rivera "provided a summary of [Aguilar's] homosexual problems." 23. On May 18, 1987 Archbishop Mahony transferred Nicholas Aguilar to St. Agatha in Los Angeles and appointed him as Associate Pastor. 24. In December of 1987 two altar boys, minors at the time, from Our Lady of Guadalupe tell their mom that Nicholas Aguilar molested them. 25. Sometime between December of 1987 and January 8, 1988, the mother of the two altar boys reported abuse to Fr. Bill McClean, pastor of Our Lady of Guadalupe in Los Angeles. 26. At all times material Fr. Bill McClean was an agent of the Archdiocese of Los Angeles and its leader Defendant Roger Mahony. 27. On January 6, 1988, Nicholas Aguilar contacted the families of some of the young boys he molested. Nicholas Aguilar told the families they should not pursue anything with the police. 28. Sometime on or before January 8, 1988, Defendant Archdiocese of Los Angeles was notified that Nicholas Aguilar was molesting children in Los Angeles. 29. On January 8, 1988, Fr. McClean contacted Msgr. Thomas Curry to report Nicholas Aguilar's abuse of children. 30. At all times material, Msgr. Thomas Curry was an agent of and official of the Archdiocese of Los Angeles and its leader Defendant Roger Mahony. 31. On information and belief, Cardinal Mahony and the Archdiocese of Los Angeles communicated with Tehuacan and Defendant Cardinal Rivera about Nicholas Aguilar's abuse of children.. 32. On January 9, 1988, Msgr. Curry confronted Nicholas Aguilar with the allegations that Aguilar molested children. Nicholas Aguilar told Msgr. Curry that he was going to return to Mexico. 33. On the evening of January 9, 1988, Aguilar was taken to Tijuana, Mexico. 34. On January 11, 1988, the Principal at Our Lady of Guadalupe, Sister Renee, reported to the police that Nicholas Aguilar had molested children. 35. At all times material, Sister Renee was an agent of and under the direction of the Archdiocese of Los Angeles and Cardinal Roger Mahony. 36. In 1988 the Los Angeles police indicated that Aguilar abused at least 26 boys in the nine months that he was in California. 37. On March 4, 1988 Defendant Roger Mahony wrote to Defendant Norberto Rivera about Aguilar: "It is almost impossible to determine precisely the number of young altar boys he has sexually molested, but the number is large. . . .This priest must be arrested and returned to Los Angeles to suffer the consequences of his immoral actions." 38. On March 17, 1988 Defendant Norberto Rivera wrote back to Archbishop Mahony: "You will understand that I'm not in a position to find him, much less force him to return and appear in court. . . . In the letter of presentation of January 27, 1987, I included an identification photograph, and in the confidential letter of March 23 of the same year, I provided a summary of the priest's homosexual problems." 39. On March 30, 1988 Defendant Roger Mahony wrote back to Defendant Norberto Rivera: "I would like to tell you that I have not received any letter from you dated March 23, 1987, nor any other information concerning "the homosexual problems of the priest". . . . We have here in the Archdiocese of Los Angeles a clear plan of action: we do not admit priests with any homosexual problems." 40. On April 7, 1988 the Los Angeles police charged Nicholas Aguilar with 19 felony counts of Lewd Act upon a Child. 41. In 1992, Nicholas Aguilar arrived at Torre Blanca in the Archdiocese of Mexico. 42. Joaquin, then approximately 12 years old, met Fr. Nicholas Aguilar at Torre Blanca. 43. In 1992, Joaquin and his younger brother were altar boys at Our Lady of the Perpetual Heart. Fr. Nicholas Aguilar was associate pastor. Fr. Antonio Nunez Nunez was pastor. 44. In 1992, Joaquin, his cousin, and two other altar servers misbehaved during mass. Aguilar told Joaquin to go to hell during mass. After mass, Aguilar told them not to leave and to wait in the sacristy. Aguilar then told them he still loved them. Aguilar then gave Joaquin a bear hug. Aguilar had an erection. 45. In 1992-1993, Nicholas Aguilar was transferred to another parish — San Antonio de Padua in the Archdiocese of Mexico. 46. Fr. Antonio Nunez Nunez was also transferred to San Antonio. 47. Joaquin, his brother and another girl altar server were asked by Fr. Nunez and/or Nicholas Aguilar to serve mass at San Antonio as altar servers. 48. In October of 1994, when Joaquin was 13 years old, Fr. Nunez was the main priest saying mass at San Antonio de Padua. At the same time Nicholas Aguilar was hearing confessions at the church. Joaquin's brother and the girl server did not show up for mass. During mass, Joaquin had to go to the bathroom. The only bathroom they could use during mass was the one in the rectory where the priests lived. Joaquin walked to the bathroom through the rectory. Fr. Nicholas Aguilar was in his room. Fr. Nicholas Aguilar grabbed Joaquin, lowered his pants and Joaquin's pants and bent him over the bed. Fr. Nicholas Aguilar then penetrated Joaquin's anus. Mass was still going on. At some point, Joaquin wiggled free and jumped under the bed. When Fr. Aguilar got down on one side, Joaquin got out on the other side and ran out of the rectory. 49. Fr. Aguilar yelled to Joaquin that if Joaquin said anything, the same thing would happen to his siblings. 50. In late October-early November 1994, about 3 weeks after the rape, Fr. Aguilar came to Joaquin's school and told Joaquin to go back to San Antonio to be an altar server. Joaquin told Aguilar he was going to tell about what Fr. Aguilar had done to him. That same day, Fr. Aguilar went to Joaquin's parents and told them that he witnessed the Catholic brother at church rape Joaquin. Joaquin's parents asked Joaquin and he told them it was not the Catholic brother, but rather Fr. Aguilar who raped him. Joaquin's parents went to Fr. Candido at the White Towers Church and told him about the rape. Fr. Candido told them to go to the police. 51. On November 1, 1994, Joaquin and his parents went to the police. The police did a rape test on Joaquin. 52. In 1994, the first rape test said that Joaquin had been raped. The police said they lost the first report. Joaquin did a second rape test about two weeks later. A couple weeks later, police called and said they lost the second results. Fr. Aguilar then brought about 40 people, parishioners from Aguilar's church, to the police department to say that Joaquin was prostituting himself. A third rape test was done. After third rape test by police, the police offered Joaquin's parents money to drop the case. Joaquin's parents refused. 53. In 1995, Noberto Rivera was appointed Archbishop of Mexico. 54. In 1995, Mexican prosecutors took the Los Angeles complaint of 10 victims to the Mexican Court. The judge dismissed the case as too old to prosecute. In 2002, Jorge Garcia Villalobos, who was the Mexican Consulate attorney in Los Angeles told the Los Angeles police that the case did not get prosecuted because "the system was never going to prosecute a priest." 55. In 1997, Fr. Aguilar was in the Diocese of Tehuacan at San Nicholas Tolentino Parish. 56. In 1997, Nicholas Aguilar molested Maria de Jesus Gonzalez's son for months. The son was 12 years old. Nicholas Aguilar told the boy that Aguilar would kill his mom or brother if the boy told anyone about the abuse. 57. In 1997, Maria took her son and three other boys to police to report that Aguilar molested them. 58. Between 1997 and 2003 while this abuse case was pending, Aguilar worked at a parish in Mexico City for sometime. Archbishop Rivera is in charge of Mexico City at that time. 59. A Tehuacan Diocese official said that Father Aguilar had abused about 60 kids, according to Marie de Jesus Gonzalez. She said the Rev. Teodoro Lima told her this in explaining why the church couldn't afford to pay for her son's counseling. 60. In 2002, Cardinal Rivera made a public statement that he would not be compassionate with priests that abuse children. This was in wake of scandal unfolding in the U.S. Joaquin called Fr. Rafeal Ranis right after Cardinal Rivera's statement in order to report Aguilar. Joaquin then met with Bishop Jose de Jesus Martinez Zepeda. Joaquin told Zepeda about the rape in detail. Zepeda told Joaquin to write a letter to Cardinal Rivera about the abuse but to keep the description general. Zepeda also told Joaquin to keep it secret. 61. In May 2002, Joaquin hand delivered the letter to Zepeda to give to Cardinal Rivera. 62. In 2002 Defendant Cardinal Rivera told an Italian Catholic Journal that "as far as I am aware, there has not been any documented report" to Mexican authorities of a priest molesting children. 63. In 2003, Judge Carlos Raminez found Fr. Aguilar guilty of one of the 1997 charges (one of the four Maria brought to police) and sentenced him to one year in prison. 64. In July 2003 Diane Feinstein, US Rep-CA, writes letter to President Fox about Nicholas Aguilar being free. 65. In 2004 Fr. Aguilar remained free on bail. On appeal, the federal judge upheld Aguilar's conviction but spared Aguilar the jail time because the crime was too old. 66. As a direct result of the sexual abuse and other wrongful conduct described herein, Plaintiff has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. FIRST COUNT — NEGLIGENCE
V. ROGER MAHONY, THE ARCHDIOCESE OF LOS ANGELES, AND DOES 1-100 67. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth herein. 68. Defendant Roger Mahony, Defendant the Archdiocese of Los Angeles, and Does 1-100 had a duty to report Nicholas Aguilar's suspected abuse of children to law enforcement, to ensure that Aguilar would not flee the country, to warn children about Father Aguilar's dangerous propensities, and to protect the minor Plaintiff. 69. Defendants Roger Mahony, the Archdiocese of Los Angeles, and Does 1-100, by and through their agents, servants and employees, knew or reasonably should have known of Nicholas Aguilar's dangerous and exploitive propensities and/or that Nicholas Aguilar was an unfit agent. 70. Defendants Roger Mahony, the Archdiocese of Los Angeles, and Does 1-100, knew or reasonably should have known that Nicholas Aguilar was going to flee the United States and avoid criminal prosecution if they did not report the abuse to law enforcement and/or that Nicholas Aguilar would flee the country if they did not take precautions to monitor him until they reported to law enforcement. 71. Defendants Roger Mahony, the Archdiocese of Los Angeles, and Does 1-100 knew or reasonably should have known that child molesters, like Nicholas Aguilar, were highly likely to molest children again in the future and it was highly probable that they molested numerous children before the first report. 72. Defendants Roger Mahony, the Archdiocese of Los Angeles, and Does 1-100 knew or reasonably should have known that Nicholas Aguilar would operate as a priest with unlimited access to children if he was allowed to leave the United States, putting hundreds if not thousands of children in danger. 73. Defendants Roger Mahony, the Archdiocese of Los Angeles, and Does 1-100 breached their duties when they failed to immediately report Nicholas Aguilar's suspected abuse of children to law enforcement, allowed Nicholas Aguilar to flee the country, failed to warn children about Father Aguilar's dangerous propensities, and failed to protect the minor Plaintiff. 74. As a result of the above-described conduct, Plaintiff was abused and has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. SECOND COUNT — NEGLIGENCE
V. NORBERTO RIVERA, DIOCESE OF TEHUACAN, AND DOES 1-100 75. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth herein. 76. Defendant Norberto Rivera, Defendant the Diocese of Tehuacan, and Does 1-100 had a duty to not conspire to aid and abet the violation of California criminal laws, to prevent Nicholas Aguilar from fleeing the United States, to ensure that Aguilar would not flee the United States, to warn children about Father Aguilar's dangerous propensities, and to protect the minor Plaintiff. 77. Defendants Norberto Rivera, Defendant the Diocese of Tehuacan, and Does 1-100, by and through their agents, servants and employees, knew or reasonably should have known of Nicholas Aguilar's dangerous and exploitive propensities and/or that Nicholas Aguilar was an unfit agent. 78. Defendants Norberto Rivera, Defendant the Diocese of Tehuacan, and Does 1-100, knew or reasonably should have known that Nicholas Aguilar was going to flee the United States and avoid criminal prosecution if they conspired to aid and abet the violation of California criminal laws and/or if they did not prevent Nicholas Aguilar to quietly return to Mexico. 79. Defendants Norberto Rivera, Defendant the Diocese of Tehuacan, and Does 1-100 knew or reasonably should have known that child molesters, like Nicholas Aguilar, were highly likely to molest children again in the future and it was highly probable that they molested numerous children before the first report. 80. Defendants Norberto Rivera, Defendant the Diocese of Tehuacan, and Does 1-100 knew or reasonably should have known that Nicholas Aguilar would operate as a priest with unlimited access to children if he was allowed to leave the United States, putting hundreds if not thousands of children in danger. 81. Defendants Norberto Rivera, Defendant the Diocese of Tehuacan, and Does 1-100 breached their duties when they conspired to aid and abet the violation of California criminal laws, allowed Nicholas Aguilar to flee the country, failed to warn children about Father Aguilar's dangerous propensities, and failed to protect the minor Plaintiff. 82. As a result of the above-described conduct, Plaintiff was abused and has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling THIRD COUNT — FRAUD
V. ROGER MAHONY, THE ARCHDIOCESE OF LOS ANGELES, NORBERTO RIVERA, THE DIOCESE OF TEHUACAN, AND DOES 1-100 83. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth herein. 84. Defendants knew of the sexual misconduct of Nicholas Aguilar. 85. Defendants misrepresented, concealed or failed to disclose information relating to sexual misconduct of Nicholas Aguilar as described herein. 86. Defendants knew that they misrepresented, concealed or failed to disclose information relating to sexual misconduct of Nicholas Aguilar. 87. Plaintiff justifiably relied upon Defendants for information relating to sexual misconduct of Nicholas Aguilar. 88. As a direct result of Defendants' fraud, Plaintiff has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. FOURTH COUNT — VIOLATION
OF CALIFORNIA PENAL CODE § 182
V. ROGER MAHONY, THE ARCHDIOCESE OF LOS ANGELES, NORBERTO RIVERA, THE DIOCESE OF TEHUACAN, AND DOES 1-100 89. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth herein. 90. Defendants' acts described herein violate California Penal Code § 182 in that Defendants conspired with one or more other person to commit acts injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws. 91. As a result of the above-described conduct, Plaintiff has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. FIFTH COUNT — VIOLATION
OF CALIFORNIA PENAL CODE § 32
V. ROGER MAHONY, THE ARCHDIOCESE OF LOS ANGELES, NORBERTO RIVERA, THE DIOCESE OF TEHUACAN, AND DOES 1-100 92. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth herein. 93. Defendants' acts described herein violate California Penal Code § 32 in that Defendants harbored, concealed and/or aided Nicholas Aguilar after he had committed numerous felonies, with the intent that Nicholas Aguilar might avoid or escape arrest, trial, conviction and/or punishment, and Defendants would escape and minimize any public scandal, all with Defendants having knowledge that Nicholas Aguilar had committed numerous felonies. 94. As a result of the above-described conduct, Plaintiff has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. SIXTH COUNT —
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
V. ROGER MAHONY, THE ARCHDIOCESE OF LOS ANGELES, NORBERTO RIVERA, THE DIOCESE OF TEHUACAN, AND DOES 1-100 95. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth herein. 96. Defendants' conduct was extreme and outrageous and was intentional or done recklessly. 97. As a result of Defendants' conduct, Plaintiff experienced and continues to experience severe emotional distress resulting in bodily harm. 98. As a result of the above-described conduct, Plaintiff has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. SEVENTH COUNT —
CONSPIRACY
TO COMMIT FRAUD AND VIOLATE CALIFORNIA PENAL LAWS V. ROGER MAHONY, THE ARCHDIOCESE OF LOS ANGELES, NORBERTO RIVERA, THE DIOCESE OF TEHUACAN, AND DOES 1-100 99. Plaintiff incorporates all paragraphs of this Complaint as if fully set forth herein. 100. Upon information and belief, Defendants, in concert with each other and with the intent to conceal and defraud, conspired and came to a meeting of the minds whereby they would misrepresent, conceal or fail to disclose information relating to the sexual misconduct of Nicholas Aguilar. Defendants also conspired and came to the meeting of the minds to violate California penal laws by failing to report his abuse to law enforcement immediately, by allowing Nicholas Aguilar to flee the United States, and by obstructing justice. 101. By so concealing, failing to report, allowing Aguilar to flee, and obstructing justice, Defendants committed at least one act in furtherance of the conspiracy. 102. As a direct result of Defendants' conspiracy, Plaintiff has suffered, and continues to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; was prevented and will continue to be prevented from performing his daily activities and obtaining the full enjoyment of life; has sustained loss of earnings and earning capacity; and/or has incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling. WHEREFORE, Plaintiff prays for damages, injunctive relief, costs, interest, attorneys' fees and such other relief as the court deems appropriate and just. JURY DEMAND Plaintiff demands a jury trial on all issues so triable.
KEISEL, BOUCHER & LARSON
Dated: _____________________ By: ________________________________
Raymond P. Boucher, SBN 115364
Anthony M. DeMarco, SBN 189153
8648 Wilshire Blvd.
Beverly Hills, CA 90211-2910
(310) 854-4444
DRIVAN & TABAK
By: Lawrence E. Drivon, Cal. SBN 46660
215 N. San Joaquin Street
Stockton, CA 95202
(209) 466-0982
Fax (209) 463-7668
JEFF ANDERSON & ASSOCIATES
By: Michael G. Finnegan, SBN 241091
E-1000 First National Bank Bldg.
332 Minnesota Street
St. Paul, Minnesota 55101
(651) 227-9990Matt C. Abbott is a Catholic columnist. He can be reached
at mattcabbott@gmail.com.
|
||
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution. |
||