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 Post subject: Rape Complaint (Narconon Wastsonville)
PostPosted: Sat Dec 23, 2006 1:30 am 
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Joined: Wed Nov 02, 2005 6:19 pm
Posts: 202
From official case records
(Victim's name and a few words deleted. Please
do not post name of victim).

Amended complaint for damages for negligent hiring, negligent supervision,
failure to adequately train staff, negligence, sexual assault and battery, false
imprisonment, intentional infliction of emotional distress, negligent infliction
of emotional distress, conspiracy, loss of consortium, breach of contract,
intentional misrepresentation, constructive fraud and punitive damages.

General Allegations
1. Plaintiff xxx is an individual, a natural person and competent adult.
2.Plaintiff xxxx is an individual, a natural person and competent adult.
3.For simplicity, xxx and xxxx will be collectively referred to in this
complaint as "Plaintiffs" or by their individual names when necessary.
4. Plaintiffs are informed and believe and on that basis allege that Defendant
NARCONON INTERNATIONAL now is, and at all times herein mentioned was, a
corporation organized and existing under the laws of the State of California,
with its principal place of business located at 7060 Hollywood Boulevard, in the
City of Los Angeles, County of Los Angeles, in the State of California.
5. Plaintiffs are informed and believe and on that basis allege that Defendant
NARCONON OF NORTHERN CALIFORNIA now is, and at all times herein mentioned was, a
corporation organized and existing under the laws of the State of California,
with its principal place of business located at 262 Gaffey Road, in the City of
watsonville, County of Santa Cruz, in the State of California.
6.Defendant BRETT, hereinafter referred to as JOHN DOE 1, is an individual, a
natural person and competent adult.
7. Defendant DAN MANSON is an individual, a natural person and a competent
adult.
8.Defendant STACEY PAYNE, is an individual, a natural person and a competent
adult.
9. Defendants Does 1 through Does 100, inclusive, are sued herein under
fictitious names. Their true names and capacities are unknown to plaintiffs.
When their true names and capacities are ascertained, plaintiffs will amend this
complaint by inserting their true names and capacities herein. Plaintiffs are
informed and believe and thereon allege that each of the fictitiously named
defendants is responsible in some manner for the occurrences herein alleged, and
that plaintiffs' damages as herein alleged were proximately caused by those
defendants. Each reference in this complaint to "defendant," "defendants," or a
specifically named defendant refers to all defendants sued under fictitious
names.
10. Plainiffs are informed and believe and on this information and belief allege
that at all times mentioned in this complaint each of the defendants, including
all defendants sued under fictitious names, was the agent and employee of each
of the remaining defendants, and in doing the things alleged in this complaint,
was acting within the course and scope of this agency and employment and
ratified the acts of the other defendants.
11. This action is filed in this county because the events that give rise to
this action took place in this county.
12. The following paragraphs of this pleading are alleged on information and
belief.
13. At all times mentioned, Defendant JOHN DOE 1 was the agent and employee of
Defendant NARCONON OF NORTHERN CALIFORNIA and/or Defendant NARCONON
INTERNATIONAL, and, in doing the acts herein described and referred to, was
acting in the course and within the scope of his authority as agent and
employee, and in the transaction of the business of Defendant NARCONON OF
NORTHERN CALIFORNIA and/or NARCONON INTERNATIONAL committed the injurey alleged
in this complaint. Defendant NARCONON OF NORTHERN CALIFORNIA and/or Defendant
NARCONON INTERNATIONAL are, therefore liable to Plaintiffs for the acts of
Defendant JOHN DOE 1.
14. At all times mentioned, Defendant DAN MANSON was the agent and employee of
Defendant NARCONON OF NORTHERN CALIFORNIA and/or Defendant NARCONON
INTERNATIONAL and, in doing the acts herein described and referred to, was
acting in the course and within the scope of his authority as agent and
employee, and in the transaction of the business of Defendant NARCONON OF
NORTHERN CALIFORNIA and/or NARCONON INTERNATIONAL committed the injury alleged
in this complaint.
15. At all times mentioned, Defendant STACEY PAYNE, was the agent and employee
of Defendant NARCONON OF NORTHERN CALIFORNIA and/or Defendant NARCONON
INTERNATIONAL and, in doing the acts herein described and referred to, was
acting in the course and within the scope of her authority as agent and
employee, and in the transaction of the business of Defendant NARCONON OF
NORTHERN CALIFORNIA and/or NARCONON INTERNATIONAL committed the injury alleged
in this complaint. Defendant NARCONON OF NORTHERN CALIFORNIA and/or NARCONON
INTERNATIONAL are, therefore liable to Plaintiffs for the acts of Defendant
STACEY PAYNE.
16. At all times mentioned, Defendants NARCONON OF NORTHERN CALIFORNIA and/or
NARCONON INTERNATIONAL, owned and operated an alcoholism and drug abuse recovery
and treatment facility, hereinafter referred to as the Treatment Facility,
located at 262 Gaffey Road, in City of Watsonville, in the State of California,
in a secluded area of Santa Cruz County.
17.On November 12, 2003, Plaintiffs and Defendant NARCONON OF NORTHERN
CALIFORNIA entered into a written contract pursuant to which Defendant NARCONON
OF NORTHERN CALIFORNIA was to provide quality drug rehabilitation in-patient
treatment to Plaintiff XXX at the treatment Facility. "Narconon Northern
California Drug and Alcohol Treatment Program", herinafter referred to as the
Treatment Program, was to consist of 3-6 month inpatient treatment at the
Treatment Facility. Pursuant to their agreement, the "drug-free withdrawal
stage" of the Treatment Program was to be provided by a "Withdrawal Specialist"
who is "trained in different techniques to help the person cope with the
withdrawal period." NARCONON OF NORTHERN CALIFORNIA was also to provide 24 hour
staff supervision by qualified and trained staff personnel, and a bonded
security officer on the premises during off hours.
18. Pursuant to the written agreement, on November 13, 2003, Plaintiff XXX
enrolled in the Treatment Program at the Treatment Facility. Upon arriving at
the Treatment Facility, Plaintiff XXX was driven to and placed for
detoxification into a small cabin, hereinafter referred to as the Withdrawal
Cabin, consisting of two rooms with two twin beads each; a living room
in-between them with a couch, a futon, fireplace, and a table used for
therapeutic massage i.e. "assists"; and a small kitchen with a stove, microwave
and mini-fridge. The Withdrawal Cabin had no television, telephones, or cameras.
The Withdrawal Cabin is located some distance from the Treatment Facility center
such that Plantiff XXX was driven to the Withdrawal Cabin from the Treatment
Facility center.
19.On November 16, 2003, at around 10:00 p.m., Defendants NARCONON OF NORTHERN
CALIFORNIA, NARCONON INTERNATIONAL, DAN MANSON, AND STACEY PAYNE dispatched
defendant employee JOHN DOE 1 to care for Plaintiff XXX in her sleeping quarters
at the Withdrawal Cabin.
20. On the evening of November 16, 2003, Defendant JOHN DOE 1 came into
Plaintiff XXX's room around 11:00 p.m. and woke her while she was having a bad
dream. Plaintiff XXX got up and tried to calm down in the living room by the
fireplace. Defendant JOHN DOE 1 then told her that she had to get an "assist".
Plaintiff XXX told him that she did not want one. Defendant JOHN DOE 1 told
Plaintiff XXX that she had to and that it was ordered.
Plaintiff XXX lay on the massage table, ("assist" table) on her stomach.
Plaintiff XXX was wearing her pajama shirt and her shorts. While giving
Plaintiff XXX an "assist," or massage, Defendant JOHN DOE 1 began rubbing his
penis on her arms and legs. Plaintiff XXX froze. Defendant JOHN DOE 1 then
ordered her to turn over, but Plaintiff XXX told Defendant JOHN DOE 1 that her
back hurt. Defendant JOHN DOE 1 then proceeded to climb on the table and
straddle her. Defendant JOHN DOE 1 then told Plaintiff XXX that he would work on
her back. Defendant JOHN DOE 1 then lay down on top of her, and Plaintiff XXX
could feel that Defendant JOHN DOE 1 had an erection. Plaintiff XXX started to
cry and asked him to "please quit."
21. Defendant JOHN DOE 1 finally got off of her and told her to sit by the fire.
Defendant JOHN DOE 1 then told her that she would have to settle down and get
some sleep or she would "never get out" of the Withdrawal Cabin.
22. Plaintiff XXX waited until Defendant JOHN DOE 1 went outside to smoke a
cigarette. Plaintiff XXX then went into her room and got dressed. Defendant JOHN
DOE 1 came back in and yelled to her asking what she was doing. Defendant JOHN
DOE 1 then came into her room and appeared to be very upset by the fact that she
was dressed. Defendant JOHN DOE 1 started to yell at Plaintiff XXX who became so
frightened that he was about to attack her that she ran past him and headed for
the door. Defendant JOHN DOE 1 caught her, stood in the doorway, and blocked the
exit. Defendant JOHN DOE 1told Plaintiff XXX that the only way out of the
Withdrawal Cabin was "through him." Defendant JOHN DOE 1 told her that it was
his decision whether she would be able to go down to the main center or not.
23. Plaintiff XXX became so upset by her confinement and so frightened for her
safety that she pushed JOHN DOE 1, ran past him, and started running down the
road. Defendant JOHN DOE 1 chased her, caught up with her, and grabbed her by
the back of her hair. Plaintiff XXX fell down to the ground and Defendant JOHN
DOE 1 jumped on top of her. Plaintiff XXX was screaming and crying. Defendant
JOHN DOE 1 wrestled with Plaintiff XXX and overpowered her. While wrestling with
Plaintiff XXX,Defendant JOHN DOE 1 kicked her a couple of times. Thereafter
Defendant JOHN DOE 1 grabbed her by the face, told her to "shut-up," and ordered
her to get back to the Withdrawal Cabin.
24. When they arrived back at the Withdrawal Cabin Defendant JOHN DOE 1 ordered
Plaintiff XXX to get her pajamas back on and get into bed. Plaintiff XXX changed
into her pajamas, but sat in the living room with her comforter wrapped around
her because she was too afraid for her safety to lie down in the bedroom,
especially given that she was not allowed to lock the door. Defendant JOHN DOE 1
who was still visibly angry then came over to the couch. Defendant JOHN DOE 1
then sat down on the couch and did not say anything to Plaintiff XXX for awhile.
Shortly thereafter, Defendant JOHN DOE 1 told Plaintiff XXX that she "had pretty
hair" and that she "looked like an angel." Defendant JOHN DOE 1 then started
playing with Plaintiff XXX's hair. Plaintiff XXX began to cry again, and asked
him to stop. Plaintiff XXX
became sick to her stomach. Defendant JOHN DOE 1 started to kiss Plaintiff XXX,
who again asked him to "PLEASE STOP!" and told Defendant JOHN DOE 1 "LEAVE ME
ALONE!" while crying.
25. Defendant JOHN DOE 1 kept kissing Plaintiff XXX who kept pleading with him
to stop. Plaintiff XXX became very ill and began to vomit. Defendant JOHN DOE 1
became very angry again and told her to get to the bathroom. Defendant JOHN DOE
1 then grabbed Plaintiff XXX's arm and threw her towards the bathroom. Plaintiff
XXX vomited several times. While sitting on the bathroom floor recovering,
Defendant JOHN DOE 1 came into the bathroom and yelled at Plaintiff XXX to get
off the dirty bathroom floor and ordered her into the living room.
26. Plaintiff XXX did as she was told and went into the living room. Defendant
JOHN DOE 1 came over to the couch and started saying over and over to Plaintiff
XXX "you know you want me," "you like this," and "you want it" over and over.
Plaintiff XXX responded by repeating over and over "NO!" and pleaded with him to
"PLEASE STOP!"
27. Defendant JOHN DOE 1 then grabbed Plaintiff XXX by the arm and forced her
over to the "assist" table. Defendant while twisting her hand bent her over, and
then pinned her to the "assist" table with his other arm shove into herback.
Defendant JOHN DOE 1 while pinning her on the table jerked her shorts and
underwear down. He then let go of her hand when he forced his penis into her
vagina and forcibly raped her. Plaintiff XXX kept saying "NO!" and begged him to
"PLEASE STOP!" but he kept saying "you know you want me." He ordered her to "say
it now," "you know you want me," and "you know you do." Plaintiff XXX kept
pleading with him to "STOP!" Defendant JOHN DOE 1 then shoved her face into the
plastic covered table, and held it there so that she could not breathe.
28. When Defendant JOHN DOE 1 finally let go of her head, Plaintiff XXX out of
fear for her life complied with his demand and told him what he wanted to hear.
Plaintiff XXX while crying hysterically, said, "ok I want it." Defendant JOHN
DOE 1 then (words deleted), let go of her, and pulled up his shorts.
29. After forcibly raping Plaintiff XXX, Defendant JOHN DOE 1 yelled at her to
go to the bathroom. Plaintiff XXX then ran to the bathroom and closed the door.
Defendant JOHN DOE 1 came and opened the door to the bathroom, and told her to
leave it open. Plaintiff XXX washed up and went into her room and got dressed.
Defendant JOHN DOE 1 yelled for her to come out into the living room.
30. When Plaintiff XXX went into the living room as she was ordered by Defendant
JOHN DOE 1, it was approximately 6:45 a.m. Defendant JOHN DOE 1 was writing on
his report papers. Defendant JOHN DOE 1 looked up at her from his writing and
said, "You know I often worry about when I go outside to smoke that a student
could tell me that they were going to take a shower, and they could have a knife
from out of the kitchen, they could start the shower, and then could cut their
wrists and they could bleed to death, and when they were found no one would know
what had happened. They would just think that they had just killed themselves."
He also told her that "no one would believe an alcoholic lady that wanted to get
out of here." He said that he had written in his report that she had not slept
at all and that they would put her in the withdrawal cabin again.
31. That night when Defendant JOHN DOE 1 returned to the Withdrawal Cabin, he
came into Plaintiff XXX's room at 11:30 p.m. Defendant JOHN DOE 1 turned on the
light and sat on the bottom of her bed. Defendant JOHN DOE 1 told Plaintiff XXX
that he had a copy of her file, that he had all of her phone numbers to her
husband, daughter, mother, and that if she said anything, all it would take
would be one phone call. Defendant JOHN DOE 1 said that he did not have to prove
it to her husband, that all he had to do was plant the seed that they had
relations and that she would be kicked out of the center and her family would
not want anything to do with her. Defendant JOHN DOE 1 asked Plaintiff XXX if
she understood, and she said yes. Defendant JOHN DOE 1 then left the room.
Defendant JOHN DOE 1 came into Plaintiff XXX's room several times during the
night. Plaintiff XXX who was very afraid for her safety would just lie there and
pretended to be asleep.
32. Plaintiff XXX told no one of the rape for some time because she was ashamed,
humiliated, and frightened. In addition, she feared the effect on her husband,
Plaintiff XXXX, if he knew that his wife had been raped. Plaintiff XXX was also
afraid for her physical safety and her emotional well-being because of the
imminent and very real threats that Defendant JOHN DOE 1 had made.
33. When Plaintiff did tell the staff at the treatment Facility, Executive
Director, Defendant DAN MANSON ratified the actions of Defendant JOHN DOE 1.
Defendant DAN MANSON responded by isolating Plaintiff XXX in a hotel room with
another male staff member known to Plaintiff XXX as Dave and a female staff
member known to her as Angie. Two days later after not receiving any treatment,
Plaintiff XXX told Dave that she wanted to go back to the treatment facility to
finish the program. Dave took her back to the center and advised her to continue
her program until "the 3 of us" could figure out what to do.
34. Thereafter Defendant DAN MANSON further separated Plaintiff from other
residents in the Treatment Program by such actions, among other things, as
taking her to a staff apartment alone with Dave, and sending her alone to dinner
and a movie with Dave.
35. Thereafter, Defendant DAN MANSON advised Plaintiff XXX that he did not want
her at the Treatment facility,and was going to move her to the Placerville
Facility. Defendant DAN MANSON told Plaintiff XXX that if the other students
found out, they would leave, or there would be a state investigation and that
the staff would lose their jobs. He cried as he told her that "it could ruin
everything that he had been working for for eight years."
36. Defendant AND MANSON fraudulently promised Plaintiff XXX that if she went to
Placerville and finished "two books" of the program in two weeks, she would be
allowed to return on January 14, 2004 and finish the program at the Treatment
facility, especially because Placerville did not have the sauna regimen that was
included in her Treatment Program. At that time, Plaintiff XXX requested that he
put the verbal agreement into writing. Defendant DAN MANSON told Plaintiff XXX
that he did not want anything in writing about the situation.
37. Thereafter Plaintiff XXX was taken to Placerville by a NARCONON employee.
After her arrival at Placerville, Plaintiff XXX finished Book 5 and Book 8
before January 12, 2004.
38. On January 12, 2004, Defendant STACEY PAYNE, Executive Director of the
Placerville Facility, also ratified by DAN MANSON, called Plaintiff XXX into her
office and told Plaintiff XXX that she did not feel that Plaintiff XXX should go
back to the treatment Facility at all. Plaintiff XXX explained that she had made
a deal with Defendant DAN MANSON that if she finished 2 Books in 2 weeks, then
Plaintiff XXX could go back to the Treatment facility and finish her Treatment
Program. Plaintiff XXX explained that she had completed the 2 Books in ten days
as agreed. Defendant STACEY PAYNE told Plaintiff XXX that she and Defendant DAN
MANSON had decided that they did not want Plaintiff XXX at the Treatment
Facility anymore. Plaintiff XXX also explained that she needed to get back to
the Treatment facility, because she had a planned visit from her cousin there on
January 17, 2004.
39. Thereafter Plaintiff XXX was taken to Watsonville by a NARCONON employee
known to her only as Paul. Upon arrival to Watsonville, however, the employee
did not take Plaintiff XXX to the Treatment Facility as Plaintiff XXX was told
would happen. When Plaintiff XXX inquired, Paul told her that Defendant DAN
MANSON had instructed him not to take her back to the center but to a hotel
instead. Plaintiff XXX was forced to call her husband Plaintiff XXXXand ask him
for a credit card to pay for a room.
40. Plaintiff XXXX was very distraught and upset that his wife Plaintiff XXX was
not at the Treatment Facility.
41. The next day Plaintiff XXX called Defendant DAN MANSON and asked him what
was going on, and why she was not taken to the Treatment Facility. Defendant DAN
MANSON told her that they had a lot of new arrivals at the Treatment Facility,
and that there were no beds left for her. Plaintiff XXX told Defendant DAN
MANSON that they had a deal. Defendant DAN MANSON responded by telling her that
they would talk later, after her visit with her cousin.
42. A few days later, Plaintiff XXX called Defendant DAN MANSON and told him
that she needed to talk to him to resolve the situation, especially in light of
the fact that her husband Plaintiff XXXX was growing increasingly worried.
Defendant DAN MANSON told Plaintiff XXX that he would send someone to pick her
up, and bring her to the treatment facility for a meeting with him.
43. A short time later Defendant DAN MANSON called Plaintiff XXX and told her
that he did not want her at the Treatment Facility, and that he would come to
see her at the hotel. Plaintiff XXX asked why, and Defendant DAN MANSON
responded that it was not a good idea for her to be seen at the treatment
Facility.
44. An hour later, Defendant DAN MANSON came over to have a meeting with
Plaintiff XXX. Defendant DAN MANSON told Plaintiff XXX that there was no room
for her at the Treatment Facility, because her old room had been filled.
45. Defendant DAN MANSON then put in front of her, a Mutual Release of All
Claims, hereinafter the Release. Defendant DAN MANSON told Plaintiff XXX that he
would not allow her to finish the Treatment Program at either center unless she
signed the Release. When Plaintiff XXX asked why he was making her sign this,
Defendant DAN MANSON told her that his lawyers needed the paper signed for
Narconon's protection. Plaintiff XXX did not sign, but told him that she would
look over the document. Plaintiff became very agitated and cried after he left.
46. Thereafter, Defendant STACEY PAYNE showed up to pick up Plaintiff XXX and
take her to the Placerville Facility. Defendant STACEY PAYNE told Plaintiff XXX
that Defendant DAN MANSON had sent her to deal with her and "deal with her she
would." Defendant STACEY PAYNE told Plaintiff XXX that she did not have a choice
anymore. Plaintiff XXX told Defendant STACEY PAYNE that they were just trying to
hide her and the incident. Defendant STACEY PAYNE told Plaintiff XXX "yes," and
that she, stacey, knew what was best for her. Plaintiff XXX was forced to go
with Defendant STACEY PAYNE because she had no other place to go and no money.
47. During the ride to Placerville Defendant STACEY PAYNE told Plaintiff XXX
that some other students had tried to sue NARCONON before after a car accident
where some students had died, but that NARCONON would not pay them anyway so
that she should not even think about coming after NARCONON.
48. Thereafter, Plaintiff XXX told Defendant STACEY PAYNE that she needed
medical attention. Plaintiff XXX was very concerned for her health because
Defendant JOHN DOE 1 was a known needle-user. Defendant STACEY PAYNE told her
that she would only allow her to receive medical attention if she went to a
nearby clinic. Plaintiff XXX told Defendant STACEY PAYNE that she wanted to go
to her own doctor, but Defendant STACEY PAYNE told her that would not be
allowed.
49. Thereafter, Defendant STACEY PAYNE told Plaintiff XXX that she would only
allow Plaintiff XXX to receive medical attention if she requested a leave of
absence from the program. Plaintiff XXX was forced to sign some paperwork saying
she was taking a leave, would check in everyday, and would return in four days.
50. Thereafter, Plaintiff XXX learned that she had contracted a venereal disease
and would require further treatment. Plaintiff XXX advised STACEY PAYNE by
telephone that she would not be returning to either facility because she needed
further medical treatment from her doctor, and because of NARCONON OF NORTHERN
CALIFORNIA's gross mistreatment of her.
51. Thereafter, when Plaintiff XXX returned to pick up her personal belongings,
Defendant STACEY PAYNE requested that Plaintiff XXX sign a paper saying that she
was leaving at her own free will. Plaintiff XXX refused to sign, and requested
her file. Defendant STACEY PAYNE told her that she could not have her file, and
that she could request it later from NARCONON
INTERNATIONAL.
52. Plaintiff XXX also requested information on Defendant JOHN DOE 1's medical
history and Defendant STACEY PAYNE refused. Plaintiff XXX remains in extreme
fear of her health and safety because Defendants have refused to disclose
Defendant JOHN DOE 1's medical history.

FIRST CAUSE OF ACTION
(NEGLIGENT HIRING, NEGLIGENT SUPERVISION, AND FAILURE TO ADEQUATELY TRAIN STAFF
against NARCONON OF NORTHERN CALIFORNIA, NARCONON INTERNATIONAL, DAN MANSON, and
STACEY PAYNE)

53. Plaintiff XXX incorporates and realleges Paragraphs 1-52 of this complaint
as if fully set forth herin.
54. Devendants NARCONON OF NORTHERN CALIFORNIA and NARCONON INTERNATIONAL are in
the business of providing residential alcohol and drug abuse recovery treatment
services. Necessarily, Defendants NARCONON OF NORTHERN CALIFORNIA and NARCONON
INTERNATIONAL deal with adults who are experiencing personal instability and a
lack of control over one's environment as associated with drug and/or alcohol
addiction, and who rely on Devendants NARCONON OF NORTHERN CALIFORNIA and
NARCONON INTERNATIONAL in finding a "new way to live."
55. In view of the relationship of trust imposed by this circumstance and by
law, Defendants NARCONON OF NORTHERN CALIFORNIA and NARCONON INTERNATIONAL owed
a duty to its residents to protect them from harm to their persons or property
at the hands of employees who are entrusted with their care and given access to
their sleeping quarters, medical records, and personal information.
56. Defendants NARCONON OF NORTHERN CALIFORNIA, NARCONON INTERNATIONAL, DAN
MANSON and STACEY PAYNE negligently hired and entrusted Defendant JOHN DOE 1
with the care and supervision of Plaintiff XXX, particularly by dispatching him,
a recent patient, to care for her during the withdrawal stage, and allowing a
male staff to be alone with a female student/patient in her sleeping quarters.
57. Defendants NARCONON OF NORTHERN CALIFORNIA, NARCONON INTERNATIONAL, DAN
MANSON, and STACEY PAYNE breached their duty to exercise reasonable care and
acted negligently and carelessly in the screening, hiring, retaining,
supervising and training Defendant JOHN DOE 1 as an employee, especially in
prescribing a touch assist procedure between male staff and a female
student/patient, a practice that is known to lead to improper sexual contact.
58. At all relevant times to this complaint, Defendants NARCONON OF NORTHERN
CALIFORNIA, NARCONON INTERNATIONAL, DAN MANSON and STACEY PAYNE knew or should
have known that Defendant JOHN DOE 1, a recent former student/patient, was not
competent to provide the services necessary to meet the resident needs, and in
so doing further breached their statutory duty pursuant to California Health and
Safety Code 11834.01 and 11834.10 to provide competentpersonnel, and personnel
in good health, capable of performing assigned tasks and services without
physical or verbal abuse, exploitation or prejudice.
59. At all times mentioned in this complaint, Defendants NARCONON OF NORTHERN
CALIFORNIA, NARCONON INTERNATIONAL, DAN MANSON and STACEY PAYNE, and each of
them, were aware of and should have known the probable consequences of hiring
former students/patients inadequately trained in the care and treatment of drug
and alcohol abuse clients, to work at Narconon facilities directly with present
students/patients, and that such practice endangers the sagety, health, and/or
physical and mental well being of Narconon clients.
60. At all times mentioned in this complaint, Defendants NARCONON OF NORTHERN
CALIFORNIA, NARCONON INTERNATIONAL, DAN MANSON and STACEY PAYNE, and each of
them, were aware of and should have known the probable consequences of directing
touch "assists" procedures between male staff and female patients in a private
room in leading to improper sexual contact.
61. At all relevant times to this complaint, Defendants NARCONON OF NORTHERN
CALIFORNIA, NARCONON INTERNATIONAL, DAN MANSON and STACEY PAYNE knew or should
have known that Defendant JOHN DOE 1 was totally unfit for a position that
required knowledge and implementation of alcohol and/or drug recovery principles
in tha Defendant JOHN DOE 1 was using drugs and/or alcohol while in the course
and scope of his employment, had a history of drug and alcohol abuse, a criminal
record, and a tendency to commit criminal acts in violation of the rights of
others and the penal code, and in so doing further breached their statutory duty
pursuant to California Health and Safety Code 11834.01 and 11834.10 to provide
cometent and adequately trained staff.
62. As a proximate result of the acts and omissions of Defendants NARCONON OF
NORTHERN CALIFORNIA, NARCONON INTERNATIONAL, DAN MANSON and STACEY PAYNE,
Plaintiff XXX has suffered physical injuries, pain and suffering, severe mental
and emotional distress in the past, and will continue to suffer severe mental
and emotional distress in the future.
63. Plaintiff XXX is entitled to punitive damages because the managing agents of
Defendants NARCONON OF NORTHERN CALIFORNIA, NARCONON INTERNATIONAL,had advance
knowledge of the unfitness of Defendant JOHN DOE 1 and employed him with
conscious disregard for the rights and safety of others.
64. Plaintiff XXX is further entitled to punitive damages because Defendants
NARCONON OF NORTHERN CALIFORNIA, NARCONON INTERNATIONAL, DAN MANSON and STACEY
PAYNE had advance knowledge of the inappropriateness of dispatching male staff
to care for female student/patient alone in closed quarters, and that the
prescribed touch assist procedure could lead to improper sexual contact.
65.Plaintiff XXX is further entitled to punative damages because Executive
Directors, Defendants STACEY PAYNE and DAN MANSON, of Defendants NARCONON OF
NORTHERN CALIFORNIA and NARCONON INTERNATIONAL each acted with malice,
oppression, fraud, and ratified the wrongful act of employee Defendant JOHN DOE
1 by refusing to provide medical care to Plaintiff XXX after the rape,
segregating her from other patients, intimidating her to not report the rape,
and further acted in callous disregard for her safety and well-being by refusing
to perform the agreed rehabilitation services without a signed Release by
Plaintiff XXX.
Wherefore, Plaintiff XXX demands judgment against defendants, and each of them,
in an amount according to proof, plus interest and costs, as more fully set
forth below.


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