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For decades, the BSA have kept secret a list of accused sexual predators in their ranks. Recent media attention in the past and current decade has led to a deluge of negligence and sexual abuse lawsuits filed against the association.
John Roe’s story is one of those cases. Although it had occurred in the nineties, he filed it in 2010. This should encourage more survivors to come out to get justice. If you are interested in pursuing justice for boys scout sexual abuse committed against you, you can contact our boys scout sexual abuse attorneys at Oshan and associates.
Facts of the Case
John Roe in this case was a scout member in the 90s. John alleged he sexually abused and molested by Harris for a period on or about 1991 to 1997 while he was still with the scouts. Harris, the third defendant in this case, was a scouts troop leader and camp master at a camp owned and controlled by the Connecticut council where John was enrolled. It was in his capacity as scouts leader and camp master he committed the alleged abuses.
The plaintiff then filed a 6 count complaint against the BSA, Connecticut Rivers Council and James W. Harris who was his alleged abuser.
Legal Arguments and Reliefs Claimed
The crux of John’s claim against the BSA and Connecticut rivers council was for negligence and breach of fiduciary duty. This is a common cause of action many victims have pursued against the National body of the BSA.
Negligence implies that the BSA owes children under their watch a duty which they failed to perform and failing to perform that duty led to the victims’ injuries. Thus, the plaintiff’s claim against the BSA was for its failure to properly monitor and supervise the alleged abuser.
John claimed among his reliefs punitive damages and attorney costs based on the reckless indifference of the BSA to the sexual abuse allegations. The attorneys for the BSA argued that there is no legal basis for such relief request and the court should strike it out.
Outcome
The court held that the facts presented by the plaintiff could support a finding of reckless disregard for plaintiff’s rights and safety against the defendant. Flowing from this, the court dismissed the motion of the defendant to strike out the case.
Our Boys Scout Lawsuit Attorneys are currently taking Cases
This case shows the disposition of the court to negligence claims against the BSA. It is a very useful precedent, combined with other successful cases, for recent cases. It should encourage more survivors to speak up and pursue compensation and justice against the National Body.
For a while now, our Boys Scout Lawsuit attorneys at Oshan and associates have been investigating cases against the BSA. This has helped us understand the full magnitude of the situation and the best case management strategy to ensure to recover compensation and get justice. If you or your loved one has been a victim, contact us now to book a free consultation or call us to discuss your case.
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