A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HOWARD LINDEN, as Next Friend of JOHN DOE, a Minor, Case No. Hon.

Plaintiff, v. THE CATHOLIC DIOCESE OF SAGINAW, BISHOP JOSEPH CISTONE, and Fr. ROBERT DELAND, Jointly and Severally,

Defendants. _____________________________________________________________________ / COMPLAINT AND JURY DEMAND There is no other civil action arising out the same transaction or occurrence as alleged in this complaint.

________/s/ Todd J. Weglarz________ Todd J. Weglarz

NOW COMES Plaintiff, HOWARD LINDEN, as Next Friend of JOHN DOE, a Minor, by and through his attorneys, Fieger, Fieger, Kenney & Harrington, P.C., and for his Complaint against Defendants, states as follows: JURISDICTION AND VENUE 1.

This Court has jurisdiction of this action under the provisions of Title 28 of the

United States Code, Sections 1331 and 1343, and also has pendent jurisdiction over all state claims that arise out of the nucleus of operative facts common to Plaintiff’s federal claims. 2.

Venue is proper in this district pursuant to Title 28 of the United States Code,

Secion 1391(b), since Defendants CATHOLIC DIOCESE OF SAGINAW, BISHOP JOSEPH CISTONE, and Fr. ROBERT DELAND reside or resided and / or do business in this district and the events giving rise to the claims occurred in this district.

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1:18-cv-10809-TLL-PTM

A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

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The amount in controversy exceeds Seventy-Five Thousand ($75,000.00) Dollars,

exclusive of costs, interest, and attorney fees. GENERAL ALLEGATIONS 4.

Plaintiff hereby restates and re-alleges paragraphs one (1) through three (3) of this

Complaint as if fully stated herein. 5.

That Plaintiff, HOWARD LINDEN, is the lawfully appointed Next Friend of the

Minor child, JOHN DOE, whose injuries are the subject of this litigation. 6.

That the pseudonym JOHN DOE is used in order to protect the minor child’s

privacy, and the Next Friend has filed an affidavit under seal for in camera review, only attesting to minor Plaintiff’s identity. 7.

At all times relevant, the Minor Plaintiff resided with his parents in Saginaw

County, Michigan. 8.

At all times relevant, Defendant CATHOLIC DIOCESE OF SAGINAW

(“SAGINAW DIOCESE”) was and is an unincorporated association, with its principal place of business located at 5800 Weiss St. in Saginaw, MI. The SAGINAW DIOCESE was established by papal decree in June of 1938, and functions as a faith community encompassing 11 counties in eastern Michigan: Arenac, Bay, Clare, Gladwin, Gratiot, Huron, Isabella, Midland, Saginaw, Sanilac and Tuscola, serving over 100,000 members of the Catholic faith. 9.

At all times relevant, Defendant BISHOP JOSEPH CISTONE (“BISHOP

CISTONE”) was a resident of Saginaw County, Michigan, and served as the leader of the CATHOLIC DIOCESE OF SAGINAW, overseeing the activities of all Catholic parishes located within the diocese, including St. Agnes Catholic Church in Freeland, Michigan. BISHOP CISTONE is being sued in his individual capacity.

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1:18-cv-10809-TLL-PTM

A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

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At all times relevant, Defendant Fr. ROBERT DELAND (“DELAND”) was the

priest of St. Agnes Catholic Church located in the City of Freeland, Saginaw County, Michigan, and the judicial vicar of the SAGINAW DIOCESE, also acting under color of law as a school volunteer within the Freeland Community School District. DELAND is being sued in both his individual and official capacities. FACTUAL ALLEGATIONS 11.

Plaintiff hereby restates and re-alleges each and every allegation contained in

paragraphs one through eleven (10) as though fully set forth herein. 12.

Defendant DELAND was ordained as a priest on June 17, 1963, and had served as

pastor of the St. Agnes Catholic Church in Freeland, Michigan since July 2011. 13.

In May of 2017, JOHN DOE, a then sixteen year old high school student, met

DELAND while at a friend’s funeral. 14.

Subsequently, JOHN DOE was court ordered to perform community service;

DELAND stated that JOHN DOE could perform his community service at St. Agnes Catholic Church. 15.

JOHN DOE completed his community service over a six month period at the

church under the supervision and direction of DELAND. 16.

When JOHN DOE returned to school in the fall, DELAND was present, serving

as a volunteer “greeter” at the school and participating in school events. 17.

DELAND engaged in a sytematic pattern of “grooming” behavior toward JOHN

DOE, targeting the minor child, gaining his trust, and / or providing him with gifts and favors. 18.

DELAND began to remove JOHN DOE from class, taking him to an isolated

area of the school to talk, contact which made JOHN DOE late to classes on a daily basis.

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1:18-cv-10809-TLL-PTM

A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

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DELAND encouraged illegal and / or dangerous behavior, often speaking to

JOHN DOE about getting drunk and high. 20.

DELAND inquired as to the financial situation of JOHN DOE’s parents, then

gave him gifts of cash and purchased an expensive “vape” machine for the minor child. 21.

DELAND also made inappropriate physical contact with JOHN DOE during the

school day, including back rubs, hugs, and groping of the buttocks. 22.

On or about October 26, 2017, DELAND asked JOHN DOE to come to his home

to watch his dog, where he then forced JOHN DOE to smoke cigarettes with him. 23.

DELAND set JOHN DOE up with a psychologist and psychiatrist under the guise

of helping him cope with his friend’s suicide, and further, insisted on paying for the mental health sessions over the objections of JOHN DOE’s parents. 24.

Upon information and belief, DELAND took or otherwise obtained protected

health information and other private information about JOHN DOE from the above meetings with the psychologist / psychiatrist, without the permission of JOHN DOE or his parents. 25.

After the Christmas holidays in 2017, DELAND began calling and texting JOHN

DOE frequently, sometimes 17-20 times per day. 26.

DELAND encouraged JOHN DOE to view large quantities of gay pornography.

27.

Although the church provided DELAND with a home at the rectory adjacent to

St. Agnes, DELAND maintained a separate condominium residence on Mallard Cove, in Saginaw Twp., Michigan, approximately eight miles away from the church. 28.

DELAND notified JOHN DOE that he had set up a special bedroom in his

Mallard Cove condominium, which was available for use by JOHN DOE.

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1:18-cv-10809-TLL-PTM

A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

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Subsequently, DELAND requested that JOHN DOE obtain drugs, i.e. ecstasy, so

they could party together at the Mallard Cove condo. 30.

On February 25, 2018, while JOHN DOE was present at the Mallard Cove condo,

DELAND touched JOHN DOE inappropriately, groping and fondling his crotch and buttocks, feet and toes. 31.

JOHN DOE fled from the Mallard Cove condo following the inappropriate and

unwelcome touching by DELAND. 32.

DELAND was subsequently arrested and charged with three felonies, including

one count of attempted second-degree criminal sexual conduct/personal injury, one count of second-degree criminal sexual conduct, and a count of gross indecency between male persons. 33.

Upon information and belief, at all times relevant, all Defendants knew that

DELAND represented a danger to minor children and had the propensity to act in sexually inappropriate manner, exposing children to harm, assault, and / or injury. 34.

Upon information and belief, previous reports of DELAND’s inappropriate

behavior had been made to Defendants, but were ignored, removed, and / or minimized by all Defendants within the course and scope of their employment by the Catholic church, and not provided to the police or other appropriate authorities as required by MCL § 722.623. 35.

That as a proximate result of the actions and inactions described herein, Minor

Plaintiff suffered injuries and damages which include, but are not limited to, the following: a. Reasonable medical expenses; b. Physical pain and suffering; c. Severe and permanent feelings of fear, anger, and guilt; d. Sleep disturbances and fear;

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A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

e. Severe and continuing mental anguish and emotional depression; f. Fright and shock; g. Embarrassment, humiliation, and/or mortification; h. Reasonable expenses incurred for doctors, psychiatrists, and other medical and psychological services for treatment of past, present, and future injuries; i. All damages, including but not limited to exemplary, compensatory, and punitive damages, allowed under Michigan and federal law; j. Attorney fees and costs pursuant to 42 USC § 1988. COUNT I VIOLATION OF CIVIL RIGHTS PURSUANT TO 42 USC § 1983 BY DEFENDANT DELAND 36.

Plaintiff hereby restates and re-alleges each and every allegation contained in

paragraphs one through thirty-five (35) as if fully set forth herein. 37.

That the acts committed by Defendant DELAND, as more specifically described

above, were unreasonable and performed knowingly, deliberately, indifferently, intentionally, maliciously, and with gross negligence, callousness, excessive force, and/or deliberate indifference to the safety and well being minor Plaintiff. 38.

At all times relevant, DELAND was a state actor acting under color of state law.

39.

DELAND’s abusive behavior was perpetrated as a result of the authority that he

held as a school volunteer, wherein he took advantage of his trusted position within the school to pursue JOHN DOE and engage in inappropriate boundary violations and sexual advances with the minor child. 40.

Further, DELAND’s abusive behavior was facilitated by his presence during the

school day and at school events, as evidenced by the inappropriate contact with JOHN DOE during the school day.

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1:18-cv-10809-TLL-PTM

A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

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The conduct of DELAND deprived JOHN DOE of his clearly established rights,

privileges, and immunities guaranteed him under the United States Constitution, specifically those set forth under the 14th Amendments to same, specifically by violating his rights to personal security and bodily integrity, as evidenced by the following particulars offered by way of illustration and not limitation: a. Touching, groping, and fondling of the minor Plaintiff’s body, specifically his buttocks, back, feet, and crotch; b. Exposing the minor Plaintiff to illegal and / or harmful drugs; c. Encouraging the minor Plaintiff to use illegal and / or harmful drugs; d. Providing the minor Plaintiff with illegal and / or harmful drugs; e. Engaging in a pattern of psychologically abusive behavior, i.e. “grooming,” with the ultimate objective being the facilitation of the sexual assault of the minor Plaintiff; f. Engaging in the above wrongful actions which interfered with minor Plaintiff’s ability to participate in school and obtain an education; g. Obtaining protected health information and other private information pertaining to the minor Plaintiff, with the ultimate objective being the facilitation of the sexual assault of the minor Plaintiff. 42.

That as a proximate result of the actions and inactions described herein, JOHN

DOE suffered injuries and damages which include, but are not limited to, the following: a. Reasonable medical expenses; b. Physical pain and suffering; c. Severe and permanent feelings of fear, anger, and guilt; d. Sleep disturbances and fear; e. Severe and continuing mental anguish and emotional depression; f. Fright and shock;

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A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

g. Embarrassment, humiliation, and/or mortification; h. Reasonable expenses incurred for doctors, psychiatrists, and other medical and psychological services for treatment of past, present, and future injuries; and i. All damages, including but not limited to exemplary, compensatory, and punitive damages, allowed under Michigan and federal law; j. Attorney fees and costs pursuant to 42 USC § 1988. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in his favor and against Defendants, jointly and severally, and award an amount in excess of Seventy Five Thousand ($75,000.00) Dollars exclusive of costs, interest, attorney fees, as well as punitive and exemplary damages. COUNT II ASSAULT & BATTERY BY DEFENDANT DELAND 43.

Plaintiff hereby restates and re-alleges each and every allegation contained in

paragraphs one through forty-four (42) as if fully set forth herein. 44.

The acts committed by Defendant DELAND, as more specifically describe above,

amounted to assault and battery as defined under Michigan common and statutory law, as the Minor Plaintiff did not consent to said touching, contacts, and threatened contacts. 45.

That as a direct and proximate result of the Defendant’s tortuous conduct, JOHN

DOE has and will continue to have serious injuries and damages which include, but are not limited to: a. Reasonable medical expenses; b. Physical pain and suffering; c. Severe and permanent feelings of fear, anger, and guilt;

{00505149.DOCX}

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A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

d. Sleep disturbances and fear; e. Severe and continuing mental anguish and emotional depression; f. Fright and shock; g. Embarrassment, humiliation, and/or mortification; h. Reasonable expenses incurred for doctors, psychiatrists, and other medical and psychological services for treatment of past, present, and future injuries; and i. All damages, including but not limited to exemplary, compensatory, and punitive damages, allowed under Michigan and federal law; j. Attorney fees and costs. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against Defendant in an amount in excess of $75,000.00, together with interest, costs, attorney fees and exemplary damages so wrongfully incurred. COUNT III NEGLIGENCE / GROSS NEGLIGENCE / WILLFUL & WANTON MISCONDUCT BY DEFENDANT DELAND 46.

Plaintiff hereby restates and re-alleges each and every allegation contained in

paragraphs one (1) through forty-seven (45) as if fully set forth herein. 47.

At all times relevant, Defendant DELAND was employed by the SAGINAW

DIOCESE and working at St. Agnes Church and Freeland Community Schools, and had a duty to act with ordinary care for the safety of minor children generally, and JOHN DOE specifically. 48.

The actions of Defendant DELAND, as more specifically describe above,

amounted to negligence, gross negligence, and/or willful and wanton misconduct as defined under Michigan law.

{00505149.DOCX}

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1:18-cv-10809-TLL-PTM

A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

49.

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That as a direct and proximate result of the Defendant’s negligence / gross

negligence, JOHN DOE has and will continue to have serious injuries and damages which include, but are not limited to: a. Reasonable medical expenses; b. Physical pain and suffering; c. Severe and permanent feelings of fear, anger, and guilt; d. Sleep disturbances and fear; e. Severe and continuing mental anguish and emotional depression; f. Fright and shock; g. Embarrassment, humiliation, and/or mortification; h. Reasonable expenses incurred for doctors, psychiatrists, and other medical and psychological services for treatment of past, present, and future injuries; and i. All damages, including but not limited to exemplary, compensatory, and punitive damages, allowed under Michigan and federal law; j. Attorney fees and costs. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against Defendant in an amount in excess of $75,000.00, together with interest, costs, attorney fees and exemplary damages so wrongfully incurred. COUNT IV NEGLIGENCE / GROSS NEGLIGENCE BY DEFENDANTS SAGINAW DIOCESE & BISHOP CISTONE 50.

Plaintiff hereby restates and re-alleges each and every allegation contained in

paragraphs one (1) through forty-nine (49) as if fully set forth herein. 51.

Defendants BISHOP CISTONE and the SAGINAW DIOCESE had a duty to

exercise ordinary care to screen, train, supervise, and monitor his / its / their employees and/or

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A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

subordinates to ensure said persons maintain proper boundaries with, and do not present a risk of harm to, the general public and the minor children who are entrusted and /or exposed to said employees / subordinates. 52.

Said duty to screen, train, supervise, and monitor included the duty to draft,

develop, implement, and enforce appropriate policies, procedures and guidelines to ensure that Defendants’ employees / subordinates always maintain proper boundaries with, and do not present a risk of harm to, the general public and minor children who are entrusted and/or exposed to Defendants’ employees and/or subordinates. 53.

Defendants BISHOP CISTONE and the SAGINAW DIOCESE had a duty to

exercise ordinary care to properly manage, oversee and supervise its / his employees and subordinates so as to prevent harm or injuries to others. 54.

Defendants BISHOP CISTONE and the SAGINAW DIOCESE, as members of

the clergy, had a duty and statutory obligation to report any allegations of inappropriate behavior to local police and / or other federal and state agencies. 55.

Defendants BISHOP CISTONE and the SAGINAW DIOCESE breached the

above duties in general and in the following particulars: a.

Failing to properly supervise Defendant DELAND so as to prevent minor Plaintiff’s abuse as described above;

b.

Failing to adequately investigate or act upon information brought to Defendants’ attention regarding Defendant DELAND’s prior suspected abuse of minor Plaintiff and prior suspected abuse of others;

c.

Systematically and regularly minimizing reports of misconduct by employees, agents or representatives which created a climate whereby boundary violations and inappropriate sexual misconduct directed towards children and were permitted, condoned, and encouraged;

{00505149.DOCX}

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A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

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d.

Removing or ignoring, evidence of prior misconduct which if properly acted upon, would have demonstrated a pattern of misconduct, harassment, or deviant behavior by its / his agents, representatives, subordinates, or employees;

e.

Failing to take appropriate disciplinary or preventative actions against those agents, representatives, subordinates, or employees under their / his supervision, including Defendant DELAND, for whom they had information to suspect that they were engaged in inappropriate behavior;

f.

Failing to implement appropriate policies and procedures which would have prevented the above referenced inappropriate actions directed against minor Plaintiff;

g.

Failing to report instances of suspected child sexual abuse to the Department of Social Services and other appropriate authorities as statutorily required of the clergy and others, by MCL § 722.623.

56.

As a direct and proximate result of Defendants BISHOP CISTONE, and the

SAGINAW DIOCESE’s negligence / gross negligence, JOHN DOE was injured and suffered the following: a. Reasonable medical expenses; b. Physical pain and suffering; c. Severe and permanent feelings of fear, anger, and guilt; d. Sleep disturbances and fear; e. Severe and continuing mental anguish and emotional depression; f. Fright and shock; g. Embarrassment, humiliation, and/or mortification; h. Reasonable expenses incurred for doctors, psychiatrists, and other medical and psychological services for treatment of past, present, and future injuries; i. All damages, including but not limited to exemplary, compensatory, and punitive damages, allowed under Michigan and federal law; j. Attorney fees and costs.

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A PROFESSIONAL CORPORATION • FIEGER, FIEGER, KENNEY& HARRINGTON, P.C.

19390 WEST TEN MILE ROAD • SOUTHFIELD MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148

WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in her favor and against Defendants, jointly and severally, and award an amount in excess of Seventy Five Thousand ($75,000.00) Dollars exclusive of costs, interest, attorney fees, as well as punitive and exemplary damages.

A JURY TRIAL IS HEREBY DEMANDED Respectfully submitted by: Dated: March 12, 2018 /s/ Todd J. Weglarz GEOFFREY N. FIEGER (P30441) TODD J. WEGLARZ (P48035) Attorneys for Plaintiff 19390 W. 10 Mile Road Southfield, MI 48075 (248) 355-5555 (248) 355-5148 (fax) [email protected]

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Linden_v_Saginaw_et_al__miedce-18-10809__0001.0.pdf

Page 1 of 13. {00505149.DOCX} 1. F IEGER , F IEGER , K ENNEY. &. H ARRINGTON , P.C. • A. P ROFESSIONAL. C ORPORATION. 19390. WEST. TEN. MILE. ROAD • SOUTHFIELD. MICHIGAN 48075 • TELEPHONE (248) 355-5555 • FAX (248) 355-5148. UNITED STATES DISTRICT COURT. EASTERN DISTRICT OF ...

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