RC V NJ Department of Children and Families DYFS

FUGGI LAW FIRM, P.C.
47 Main Street
P.O. Box 1808
Toms River, New Jersey 08754
(732) 240-9095
Attorneys for PlaintiffR.C.
R.C.
RECEIVED & FILED

DEC 1 5
Plaintiff,
SUPERIOR COl
LAW DIVISION.
DOCKETNO:
v.
205
~iK\ff~
P5JAN COUNTY
tr(3.c.f7j- /J
CIVIL ACTION
DIVISON OF YOUTH AND FAMILY

SERVICES (n/k/a Division of Child
Protection and Permanency); P.P.; JOHN
DOES 110, (fictitious names); ABC
CORPORATIONS 1-S (fictitious names)
COMPLAINT; JURY DEMAND;

PLAINTIFF'S DEMAND FOR
DAMAGES; DEMAND FOR
DISCOVERY OF INSURANCE
INFORMATION; DESIGNATION OF
TRIAL COUNSEL AND
CERTIFICATION AS TO RULE 4:51;
TORT CLAIM NOTICE
Defendant(s).
/&/IP 1
R.C. (hereinafter "Plaintiff") resides in Port Barre, Louisiana.

Pursuant to N.J.S.A. 2A:61B-l(S)(f)(l), the initials R.C. are used in place of Plaintiffs
name as the sexual abuse of Plaintiff occurred when he was a minor. By way of Complaint
through his undersigned attorneys, Plaintiff R.C. hereby states the following:
BACKGROUND
I.
Plaintiff R.C. was, as a minor, sexually assaulted and/or sexually abused by
individuals within his foster homes, Defendants P.P. and John Does 1-5 within the Division of
Youth and Family Services (n/k/a Division of Child Protection and Pennanency), placement
program, which is located and has significant contacts and/or conducts business in many counties
throughout the State of New Jersey, including, but not limited to, Ocean County. As such, this
matter is being filed in the County of Ocean which appropriately has jurisdiction as the Division
of Youth and Family Services (n/k/a Division of Child Protection and Permanency) operates and
conducts business in Ocean County. The allegations set forth in the Complaint are against the
defendants the Division of Youth and Family Services (n/k/a Division of Child Protection and
Permanency), Ellen Connor, John Does 1-10 and ABC Corporations 1-5.
COUNT ONE
SEXUAL ABUSE AND VIOLATION OF N.J.S.A. 2A:61B-1
AS TO DEFENDANTS DMSION OF YOUTH AND FAMILY SERVICES (n/k/a
DIVISION OF CHILD PLACEMENT AND PERMENANCY), JOHN DOES, 1-5 and
ABC CORPORATIONS 1-S STANDING IN LOCO PARENTIS AS PROSCRIBED BY
N.J.S.A. 2A:61B-1
Plaintiff repeats and reiterates all of the allegations contained in the previous
1.
counts and/or paragraphs as if set forth at length herein.

Specifically, in addition to the repeating and reiterating of all previous allegations
2.
referenced in Paragraph 1 of this Count, Plaintiff incorporates all aUegations contained in Count
2 of this Complaint regarding the Sexual Battery of Plaintiff by Defendants P.P. and John Does
1-5.
3.
Pursuant to N.J.S.A. 2A:61B-l:

sexual abuse' does not only include an act of sexual contact or
sexual penetration between a child under the age of 18 years and
an adult, [but also makes liable other persons] standing in loco
parentis within the household who knowingly permit[s] or
acquiesce[s] in sexual abuse by any other person also commits
sexual abuse.
As Defendants Division of Youth and Family Services (n/k/a Division of Child

Placement and Permanency), doing business in all of New Jersey, John Does 1-5 and ABC
Corporations 1-5, stood in loco parentis to Plaintiff and knowingly permitted and/or acquiesced
in the sexual abuse by Defendants P.P. and John Does 1-5 as described herein, Defendants
Division of Youth and Family Services (n/k/a Division of Child Protection and Permanency),
John Does 6-10, and ABC Corporations 1-5, committed sexual abuse of Plaintiff, in violation of
N.J.S.A. 2A:61B-l.
4.
As a direct and proximate result of the conduct described herein above, Plaintiff
has suffered physicaJ injury; severe emotional distress; diminished enjoyment of Hfe; diminished
enjoyment of childhood; difficulty and an inability to focus; difficulty and an inabilityto perform
educational tasks; anxiety; depression; humiliation; pain in mind and body; severe
embarrassment; is having and has had difficulty living a normal life; is and has not engaged in
nonnal development and activities; suffers from behavior patterns and will continue to do so in
the future; will :in the future be caused to endure severe pain in mind and body; has endured
interference with and will continue to endure interference with engaging in his full normal daily
activities. Plaintiff's self-esteem and ability to trust others has been substantially impaired,
making it difficult to obtain help and trea1ment from professionals and health care professionals
in general and may incur medical, hospital and psychiatric expenses in amounts yet to be
detennined.
5.
The actions of Defendants Division of Youth and Family Services (n/k/a Division
of Child Protection and Pennanency) John Does 6-10, and ABC Corporations 1-5, as alleged
herein shattered the natural human trust inherent in a child's relationship with an authority
figure, thereby causing and contributing to psychological injuries to plaintiff, necessitating the
need for future psychological care and treatment, resulting in loss of earnings and loss of future
earning capacity and was caused to sustain other great losses all contributing to his damages in
dollar sum subject to proof at the time of trial.
6.
All defendants acted carelessly, recklessly, negligently, and grossly negligent, and
caused or allowed to be caused great bann to minor-plaintiff R.C. by allowing or pexpetuating

sexual molestation of the minor child.
WHEREFORE, Plaintiff hereby demands judgment against Defendants Division of
Youth and Family Services (n/k/a Division of Child Protection and Permanency), P.P., John
Does 1-10, and ABC Coiporations 1-5 for compensatory and punitive damages, interest, costs of
suit, attorneys' fees and such other relief as the court or jury may deem proper.
COUNT TWO
SEXUAL BATTERY AND VJOLATION OFN.J.S.A. 2A:61B-1
AS TO DEFENDANTS P.P. AND JOHN DOES 1-5
I.
At all times relevant hereto, Plaintiff R.C. was a resident of the State of New
Jersey, and a foster child located in Toms River, New Jersey. The Division of Youth and Family
Services (n/k/a Division of Child Protection and Pennanency) is located at 222 South Warren
Street, Trenton, New Jersey 08625.
2.
At all times relevant hereto, Plaintiff was in child services and a beneficiary of the
Division of Youth and Family Services (n/k/a Division of Child Protection and Permanency). .
3.
Until August 24, 2015, Plaintiff R.C. had not discovered, understood or
appreciated that the problems he was and is experiencing, emotionally, physically and sexually,
were the direct result of the sexual abuse perpetrated by Defendants P.P. and John Does 1-5 and
the defendants.
4.
Pursuant to N.J.S.A. 2A:61Bl:
In any civil action for injury or illness based on sexual abuse, the
cause of action shall accrue at the time of reasonable discovery of
the injury and its causal relationship to the act of sexual abuse.
Any such action shall be brought within two years after reasonable
discovery.
c. Nothing in [the Child Sexual Abuse Act] is intended to preclude

the court from finding that the statute of limitations was tolled in a
case because of the plaintiff's mental state, duress by the
defendant, or any other equitable grounds. (Emphasis added).
Plaintiff pleads delayed discovery of the knowledge that he was a victim of sexual assault
and of the harm inflicted and thus a delay in the accrual of lier claims against all parties." Plaintiff
contends that the Statute of Limitations shall be tolled in accordance with the laws of the State of
New Jersey, including, but not limited to, N.J.S.A. 2A:61B-l, et seq. (reasonable discovery of
the injury and its causal relationship to the act of sexual abuse hereinafter referred to _as "delayed
discovery'), and/or N.J.S.A. 2A:14-21, et seq. (mental state, insanity and/or lacking the ability
and/or capacity due to mental infliction, to pursue Plaintiff's lawful rights), and/or duress, and/or
equitable grounds.
5.
Plaintiff specifically avers that prior to approximately August 24, 2015, he was in
such a mental state and suffered from mental conditions and/or defects which prevented,
obscured, repressed, or made otherwise unknown, the fact that any cause of action was available
to him against the various defendants. Plaintiff specifically repeats all allegations contained in
the Count Six of this Complaint in its entirety as though fully set forth herein and throughout
each Count of this Complaint.
6.
From approximately 1991 through approximately 1999, Defendants P.P. and
John Does 1-5 utilized guile, undue influence, misrepresentation and other pedophile grooming
behavior to initiate, continue and secretly preserve their sexual abuse of Plaintiff R.C. by
exploiting the young and tender age of Plaintiff: and by abusing/exploiting the trust relationship
developed within the foster home.
7.
Incidents of abuse include, but are not limited to, on or about approximately 199 I,
defendant John Doe 1, another individual within plaintiff's home, showed plaintiff pornography
magazines and forced the minor child plaintiffR.C. to perfonn oral sex upon him.
8.
On or about I 992, plaintiff resided with a different foster family who had an
elder biological son, defendant John Doe 2. Defendant John Doe 2, within the foster home, beat
plaintiff R.C. with a belt on plaintiff's back and buttocks. Plaintiff was beaten s~verely enough
to cause bruising and welts on plaintiff R.C. 's back and buttocks. Plaintiff R.C. reported the
incident to a nurse who in turn reported the incident to Defendants Division of Youth and Family
Services (n/k/a Division of Child Protection and Permanency).
8.
In or around 1993, plaintiff R.C. was placed in the foster home o f . ~
M s . ~ beat both plaintiff RC. and his brother. On one occasion, Ms. ~ s biological
son punched plaintiff RC. in the face and threw him into a wall. Plaintiff R.C. notified his DYFS
caseworker who did not believe Plaintiff's allegations.
9.
In or around J995, Plaintiff R.C. was placed in a Somerset Hills Residential
Facility, where be met Defendant P.P., an elder child in the facility. Defendant P.P came into the
shower with Plaintiff and forcibly performed oral sex on plaintiff.
10.
Defendants P.P. and John Does 1-5 acted carelessly, recklessly, negligently, and
grossly negligent, and caused harm to PlaintiffR.C. by sexually molesting, contacting, battering,
harassing, toching and fondling Plaintiff R.C. by fraud, subterfuge, duress and force. These
acts complained of above constitute a violation ofN.J.S.A. 2A:61B-1.
11.
From approximately 1991 through approximately 1999, Defendants P.P. and
John Does 1-5 touched Plaintiff directly and/or through Plaintiff's clothing on the plaintiff's
intimate parts for the purpose of sexually arousing or gratifying Defendants P.P. and John Does
1-5 in violation ofN.J.S.A. 2A:61B-1.
12.
has suffered physical injury; severe emotional distress; diminished enjoyment of life; diminished
enjoyment of childhood; difficulty and an inability to focus; difficulty and an inability to perform
embarrassment; is having and has had difficulty living a noxmal life; is and has not engaged in
noxmal development and activities; suffers from behavior _patterns and will continue to do so in
the future; will in the future be caused to endure severe pain in mind and body; has endured
interference with and will continue to endure interference with engaging in her full normal daily
making it difficult to obtain help and treatment from professionals and health care professionals
determined.
WHEREFORE, Plaintiff R.C. hereby demands judgment against Defendants P.P. and
John Does 1-5 for compensatory and punitive damages, interest, costs of suit, attorneys' fees and
such other relief as the court or jury may deem proper.
COUNT THREE
ASSAULT
AS TO ALL DEFENDANTS, DIVISION OF YOUTH AND FAMILY SERVICES, P.P.,
JOHN DOES 1-10 AND ABC CORPORATIONS 1-5
1.
2.
Defendants acted with the intent to cause harm and/or offensive contact to
Plaintiff and thereby put him in imminent apprehension and fear for his well-being.
3.
Defendants' actions would be offensive to a person with a reasonable sense of
personal dignity.
4.
Plaintiff did not consent to the acts, and any pmported consent was secured
through fraud, deception and undue influence, coercion and duress thereby rendering it void.
5.
Defendants' actions were outrageous, and constituted a wanton and reckless
disregard to Plaintiff's health and welt-being.

6.
has suffered physical injury; severe emotional distress; diminished enjoyment oflife; diminished
normal development and activities; suffers from behavior patterns and will continue to do so in
interference with and will continue to endure interference with engaging in her full nonnal daily
activities.
Plaintiff's self-esteem and ability to trust others bas been substantially impaired,
in general and may incur medical, hospital and psychiatric expenses in amoW1ts yet to be
determined.
7.
The actions of the defendants as alleged herein shattered the natural human trust
inherent in a child's relationship with an authority figure, thereby causing and contnbuting to
psychological injuries to Plaintiff, necessitating the need for future psychological care and
treatment, resulting in loss of earnings and loss of future earning capacity and was caused to
sustain other great losses all contributing to his damages in dollar sum subject to proof at the
time of trial.
8.
caused or allowed to be caused great harm to minor-plaintiff R.C. by allowing or perpetuating

WHEREFORE,
Plaintiff hereby
demands
judgment
against
Defendants
for
compensatory and punitive damages, interest, costs of suit, attorneys' fees and such other relief
as the court or jury may deem proper.
COUNT FOUR
BATTERY
AS TO ALL DEFENDANTS, DIVISION OF YOUTH AND FAMILY SERVICES, P.P.,
JOHN DOES 1-10 AND ABC CORPORATIONS 1-5
1.

2.
Defendants caused actual harmful and offensive touching of Plaintiff with the
intent to cause offensive touching of Plaintiff.

3.
Defendants' actions would be offensive to a person with a reasonable sense of
personal dignity.
4.
Plaintiff did not consent and could not consent to the touching which was against
her will and any failure to report the incidents was the result of overwhelming mental duress,
undue influence and coercion.
5.
Defendants' actions were outrageous, and constituted a wanton and reckless
disregard to Plaintiff's health and well-being.
6.
normal development and activities; suffers from behavior patterns and will continue to do so in
interference with and will continue to endure interference with engaging in her full normaJ daily
determined.
7.
The actions of defendants as alleged herein shattered the natural human trust
inherent in a child's relationship with an authority figure thereby causing and contributing to
psychological injuries to plaintiff, necessitating the need for future psychoJogical care and
sustain other great losses al1 contributing to his damages in dollar sum subject to proof at the
time of trial.
8.
caused or allowed to be caused great harm to minor-plaintiff R.C. by a11owing or perpetuating

10
WHEREFORE,
Plaintiff hereby demands
judgment against Defendants
for
COUNT FIVE
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
AS TO ALL DEFENDANTS DIVISION OF YOUTH AND FAMILY SERVICES, P.P.,
JOHN DOES 1-10 AND ABC CORPORATIONS 1-S
1.
Plaintiff repeats and reiterates all of the allegations contained in the
previous counts and/or paragraphs as if set forth at length herein.

2.
Defendants by deception, duress, intimidation, caused Plaintiff to engage in
sexual contact with him, which included the humiliating acts set forth in previous counts of this
Complaint, including, but not limited to, all for the sexual gratification of defendants, P.P. and
John Does 1-5.

3.
The sexual abuse of Plaintiff by Defendants P.P. and John Does 1-5 proximately
caused the plaintiff to suffer extreme humiliation and anxiety, severe emotional distress and
mental anguish and other physical and psychological injuries including repression of memory.
4.
Defendants acted either intentionally or recklessly and knew or should have
known that the inappropriate sexual touching and other misconduct in their relationships with
Plaintiff would result in serious emotional distress to Plaintiff beyond what a normal person
could be expected to endure.
5,
The sexual misconduct of Defendants alleged herein exceeded all possible bounds
of human decency and was outrageous and unacceptable in a civilized society.

6,
has suffered physical injury; severe emotional distress; diminished enjoyment of life; diminished
11
enjoyment of childhood; difficulty and an inability to focus; difficulty and an inability to perfonn
embarrassment; is having and has bad difficulty living a no:nnal life; is and has not engaged fo
nonnal development and activities; suffers from behavior patterns and will continue to do so in
determined.
7.
The actions of the defendants, as alleged herein shattered the natural human trust
inherent in a child's relationship with an authority figure thereby causing and contributing to
psychological injuries to Plaintiff, necessitating the need for future psychological care and
sustain other great losses all contributing to his damages in dollar sum subject to proof at the
time of trial.
8.

WHEREFORE,
Plaintiff hereby demands judgment against Defendants for
COUNT SIX
12
DELAYED DISCOVERY - EQUITABLE ESTOPPEL

AS TO DEFENDANTS DMSION OF YOUTH AND FAMILY SERVICES, P.P., JOHN
,
DOES 1-10 AND ABC CORPORATIONS 1-5
1.
. Plaintiff repeats and reiterates all of the allegations contained in the
2.
Pursuant to N.J.S.A. 2A:61B-1:

In any civil action for injury or illness based on sexual abuse, the
cause of action shall accrue at the time of reasonable discovery of
the injury and its causal relationship to the act of sexual abuse.
.Any such action shall be brought within two years after reasonable
discovery.
c. Nothing in [the Child Sexual Abuse Act] is intended to preclude
the court from finding that the statute of limitations was tolled in a
case because of the plaintiffs mental state, duress by the
defendant, or any other equitable grounds.
Plaintiff R.C. pleads delayed discovery and/or repressed memory of the harm and thus a
delay in the accrual of his claims against all parties. Plaintiff contends that the Statute of
Limitations shall be tolled in accordance with the laws of the State of New Jersey, including, but
not limited to, N.J.S.A. 2A:61B-l, et seq., (reasonable discovery of the injury and its causal
relationship to the act of sexual abuse hereinafter referred to as "delayed discovery''), and/or
N.J.S.A. 2A: 14-21, et seq., (mental state, insanity, insanity and/or lacking the ability and/or
capacity due to mental infliction, to pursue Plaintiff R.C.'s lawful rights), and/or duress, and/or
equitable grounds.
3.
Prior to the approximate dates set forth in the sexual battery count as to the
Plaintiffs abuse, Plaintiff R.C. had no notice or i11formation of circumstances to put him on
inquiry notice of the identity of the Division of Youth and Family Services (n/k/a Division of
Child Protection and Pennanency), John Does 6-10 and ABC Corporations 1-5, meaning their
13
"sameness and oneness" in conjunction with the childhood sexual abuse perpetrated by
Defendants P.P. and John Does 1-5.
4.
Prior to the approximate dates set forth in the sexual battery count as to the
plaintiffs abuse, Plaintiff had not factually ascertained, nor could he have reasonably
ascertained, suspected or comprehended the identity of the Division of Youth and Family
Services (n/k/a Division of C~ild Protection and Permanency), John Does 6-JO and ABC
Corporations 1-5, as tortfeasors or corporate Defendants which were in any way responsible for
the alleged negligent, reckless, and/or purposeful human behavior manifested as covert
childhood sexual abuse by Defendants P.P. and John Does 1-5.
5.
Prior to the approximate dates set forth in the Sexual Battery Count as to the
plaintiff's abuse, Plaintiff R.C. had not factually ascertained, or suspected, nor could he have
reasonably ascertained the actual or appreciable harm to him, constituting an indispensable
element of any cause of action against the Division of Youth and Family Services (n/k/a Division
of Child Protection and Permanency), John Does 6-10 and ABC Corporations l-5, related to the
alleged negligent, reckless, and/or purposeful human behavior manifested as covert childhood
sexual abuse by Defendants P.P. and John Does 1-5.
6.
PlaintiffR.C. reasonably had no awareness that the Division of Youth and Family
Services (n/k/a Division of Child Protection and_ Pennanency), John Does 6-10 and ABC
Corporations 1-5, in any capacity, were potential tortfeasors, at any time prior to the appro,timate
date set forth in the Sexual Battery Count, and therefore, had no incentive to sue the Division of
Youth and Family Services (n/k/a Division of Child Protection and Permanency), John Does 610 and ABC Corporations 1-5, because of Defendants P.P. and John Does 1-5 calculated and
insidious conditioning, grooming and abuse/exploitation of PlaintiffR.C.
14
7.
As a result of the acts perpetrated by P.P. and John Does 1-5 against Plaintiff,
Plaintiff became, at the time of the sexual abuse, and thereafter, chronicaUy depressed, fearful,
worried, guilt-ridden, and shameful, and did not contemplate the Division of Youth and Family
Services (n/k/a Division of Child Protection and Permanency), John Does 6-10 and ABC
Corporations 1-5, as tortfeasors.
8.
On or after the approximate dates set forth in the Sexual Battery Count, Plaintiff
R.C. for the first time, learned that the Division of Youth and Family Services (nlk/a Division of
Child Protection and Permanency), John Does 6-10 and ABC Corporations 1-5, were at fault for
the physical and mental suffering he experienced during the course of his lifetime.
9.
Prior to the approximate dates set forth in the Sexual Battery Count, Plaintiff was
not at fault for lack of due diligence, or otherwise, for failing to discover that the Division of
Youth and Family Services (n/k/a Division of Child Protection and Permanency), John Does 610 and ABC Corporations 1-5, failed to properly supervise and failed to take proper action
relative to the behavior ofDefendants P.P. and John Does 1-5.

10.
Defendants Division of Youth and Family Services (n/k/a Division of Child
Protection and Permanency), P.P., John Does 1-10 and ABC Corporations 1-5, are equitably
estopped from asserting a statutory defense against PlaintiffR.C. since the Statute of Limitations
for negligence and all other torts only began to run at the time of reasonable discovery in or
about the approximate dates set forth in the Sexual Battery Count, at which time Plaintiff may
have reasonably, and for the first time, identified and suspected the Division of Youth and
Family Services (n/k/a Division of Child Protection and Pennanency), P.P ., John Does 1-10 and
ABC Corporations 1-5, as potential tortfeasors.
15
J 1.
At no time up to the approximate dates set forth in the Sexual Battery Count, did
Plaintiff have actual or presumptive knowledge or suspicion of any facts sufficient to put her on
notice that Defendants Division of Youth and Family Services (n/k/a Division of Child
Protection and Permanency), P.P., John Does 1-10 and ABC Corporations 1-5, had engaged in
acts or conduct or failed to properly conduct themselves so as to cause permanent serious
physical and mental injury to Plaintiff.
12.
In failing to supervise, monitor and/or dismiss Defendant P.P. and John Does 1-5
in their facility and/or in/from their employ, in light of the notice of inappropriate conduct with
Plaintiff and to further assure compliance with the expectation of the community that the
Division of Youth and Family Services (n/k:/a Division of Child Protection and Pennanency) did
not and would not engage in sexual activity with children who were invited guests/beneficiaries
of the Division of Youth and Family Services {n/k/a Division of Child Protection and
Permanency) foster parent program, and other persons, Defendants Division of Youth and
Family Services (n/k/a Division of Child Protection and Permanency), John Does 6-10 and ABC
Corporations 1-5 did not adequately supervise, monitor, take action against or reprimand
Defendants P.P. and John Does 1-5.
13.
Defendants Division of Youth and Family Services (nlk/a Division of Child
Protection and Permanency), John Does 6-10 and ABC Corporations 1-5, further breached their
fiduciary duty to Plaintiff to provide her a safe haven, as employers and/or ostensible manager,
supervisors and overseers of Defendants P.P. and John Does 1-5 by failing to take any action
upon notice, constructive or otherwise, of Defendants P.P. and John Does I-S's conduct, as
alleged in all counts of this Complaint.
16
14,
Had the Division of Youth and Family Services (n/k/a Division of Child
Protection and Permanency), John Does 6-10 and ABC Corporations 1-5, adequately performed
their duties to properly employ, monitor, and supervise Defendants P.P. and John Does 1-5,
Plaintiff would not have been subject to all, or some, of the sexually inappropriate conduct of
P.P. and John Does 1-5 as alleged in this Complaint.

15.
As a result of their action/inaction, defendants Division of Youth and Family
Services (n/k/a Division of Child Protection and Permanency), John Does 6-10 and ABC
Corporations 1-5, breached their :fiduciary duty to provide a secure environment for Plaintiff, a
minor, as defendants P.P. and John Does 1-5 were provided access and opportunity to be alone,
and unsupervised, with the plaintiff on many occasions.
16.
embarrassment; is having and has had difficulty living .a normal life; is and has not engaged in
normal development and activities; suffers from behavior patterns and wilI continue to do so in
determined.
17
17.
The actions of defendants Division of Youth and Family Services (n/k/a Division
of Child Protection and Permanency), P.P., John Does 1-10 and ABC Corporations 1-5, as
alleged herein shattered the natural human trust inherent in a child's relationship with an
authority figure,
thereby causing and contributing to psychological injuries to plaintiff,
necessitating the need for future psychological care and treatment, resulting in loss of earnings
and loss of future earning capacity and was caused to sustain other great losses all contributing to
his damages in dollar sum subject to proof at the time of1rial.
18.
caused or allowed to be caused great harm to minor-plaintiff R.C. by aJlowing or perpetuating

WHEREFORE, Plaintiff R.C .. hereby demands judgment against Defendants Division
of Youth and Family Services (n/k/a Division of Child Protection and Permanency), P.P., John
Does J -10 and ABC Corporations 1-5, for compensatory and punitive damages, interest, costs of
COUNT SEVEN
NEGLIGENT BIR1NG, NEGLIGENT SUPERVISION AND RETENTION
AS TO DEFENDANTS DIVISION OF YOUTH AND FAMILY SERVICES, JOHN DOES
1-10 AND ABC CORPORATIONS 1-5
l.

2.
This is an action for negligence and/or gross negligence and/or recklessness
and/or intentional conduct, criminal conspiracy and damages against Defendants Division of
Youth and Family Services (n/k/a Division of Child Protection and Pennanency). P.P., John
18
Does 1-10 and ABC Corporations 1-5, during the time in which the incidents complained
hereinabove in previous Counts occurred.
3.
Between approximately 19991 and approximately 1999, as more specifically set
forth in previous Counts and incotpotated herein by reference, Plaintiff was affiliated with the
Division of Youth and Family SeIVices (n/k/a Division of Child Protection and Pennanency) as
set forth in previous Counts and incorporated herein by reference, said facility operated and
controlled by the named defendants during that time.
4.
Between the approximate dates as set forth in previous Counts and incorporated
herein by reference, Plaintiff was sexually abused by Defendants P.P. and John Does 1-5 at the
location and/or activities facilitated, sponsored by or associated with the Division of Youth and
Family Services (n/k/a Division of Child Protection and Permanency), including, Defendants'
home with said abuse constituting a breach of duty owed to Plaintiff by the named defendants to
supervise Defendants P.P. and John Does 1-5, and to provide a safe haven for Plaintiff and
further negligently/grossly negligently and/or recklessly failed to recognize the behavior that
such supervisors should appreciate and understand by virtue of their role as supervising authority
to Defendants P.P. and John Does 1-5.
5.
Protection and Pennanency), John Does 6- l Oand ABC Corporations 1-5, were negligent and/or
grossly negligent in hiring, associating and accepting and retaining for a transfer or continuous
duty, Defendants P.P. and John Does 1-5, in that the Division of Youth and Family Services
(n/k/a Division of Child Protection and Pennanency), John Does 6-10 and ABC Corporations 1
5, failed to adequately investigate and/or ignored the previous misconduct and general lack of
fitness for duties of Defendants P.P. and John Does 1-5; ignored the misconduct and general lack
19
of fitness for duties of Defendants P.P. and John Does 1-5; failed to make sufficient inquiry of
the moral character of Defendant P.P. and John Does 1-5 by, among other things, failing to
investigate their overal1 fitness and suitability to be a present in a foster home; failed to subject
Defendants P.P. and John Does 1-5 to adequate, valid and appropriate psychological testing; and
failed to monitor defendants P.P. and John Does' 1-5 conduct during their mentoring period with
regard to his relationship with minors and foster children; failed to warn the plaintiff of deviant
sexual grooming behaviors.
6.
If the defendants had conducted themselves as described hereinabove, they would
have or should have known of Defendants P.P. and John Does 1-S's unfitness to be present in a
foster home and their propensity to engage in those activities complained of herein of sexually
~busing the minor child R.C.
7.
Upon information and belief, Defendants Division of Youth and Family Services
(n/k/a Division of Child Protection and Pennanency), John Does 6-.10 and ABC Corporations 1-
5, were negligent and or grossly negligent and reckless in that they knew or should have known
of psychiatric/psychological disabilities of Defendants P.P. and John Does 1-5, including
suspicion of their overall lack of fitness to be involved with youth, youth programs, youth
education and/or youth counseling, but failed, at all times material hereto, to adopt an effective
established policy, guidelines or any other means whereby foster parents, foster siblings,
employees or other associates of the defendants would learn to recognize and report the
propensity of this type of deviant behavior or the behavior itself. If the named defendants had
not acted in such a negligent manner, resulting in the hiring, supervision and retention, they
should have or would have known of the conduct complained of herein and of Defendants P.P.
20
and John Does' 1-5, propensity to engage in such activities prior to the acts whfoh fonn the
basis of this Complaint.
8.
Defendants Division of Youth and Family Services (n/lc/a Division of Child
Protection and Permanency), John Does 6-10 and ABC Corporations 1-5, failed to protect the
minor child and warn the plaintiff or her parents/guardians of Defendants P.P. and John Does' 15 dangerous propensities.
9.
Protection and Permanency), John Does 6-10 and ABC Corporations 1-5, as educational
organizations and/or representatives of community organizations, are granted special privileges
and immunities by society and are in a special relationship with Plaintiff. The named defendants
owed the plaintiff the highest duty of trust and confidence and are required to act in Plaintiff's
best interest. The named defendants' actions violated tQat relationship, breached Plaintiff's trust,
and breached their duty to Plaintiff. The named defendants have failed to act with the highest
degree of trust and confidence to protect the plaintiff from Defendants P.P. and John Does 1-5. 1
10.
At all times relevant to this Complaint there was an intentional, reckless and/or
negligent and grossly negligent concealment and intentional, reckless or negligent failure to
report inappropriate sexual touching, assault, conduct between Defendants P.P. and John Does 1-
5 and the plaintiff. Upon information and belief, at times relevant to the within Complaint, each
of the defendants knew or should have known that Defendants P.P. and John Does 1-5
committed the acts set forth in the body of this complaint against the plaintiff. Defendants
I Pursuant to Hardwicke v. American Boychoir, 188 N.J. 69 (2006), the Child Se:xual Abuse Act ("CSAA")
established two classes of abusers: {l) persons who inflict the abuse ("active abusers"); and (2) persons who stand in
loco parentis, who know of the abuse and fail to protect the minor ("passive abusers"). Hardwicke maintains that a
"person" includes institutions because an entity such as the Division of Youth and Family Services can qualify as a
"guardian" under the CSAA. lg. at 89. Further. the general definition of"person" under Title 1, N.J.S.A. 1:1-2,
includes corporations. !g. Therefore, the Division of Youth and Family Services is a "person" standing "in loco
parentis" within the "household."
21
acquiesced or tolerated the commission of sexual assaults of the plaintiff and possible fictitious
others; suppressed and prevented reports, or negligently failed to report, suspicions of child
sexual abuse in violation ofN.J.S.A. 9:6-8.8 et. seq., and its predecessor statute; to acquiesce or
tolerate the commission of sexual assaults of the plaintiff and possible fictitious others; to
wrongfully deprive the plaintiff and possible fictitious others of their causes of action to suppress
facts which would reveal the sexual abuse of the minor plaintiff to Plaintiff's parents/guardians
and others, thereby causing the minor plaintiff to suffer continued exposure to Defendants John
Does 1-5 and continued acts of sexual abuse, sexual assault, assault and sexual touching; and,
thereby causing the damages and injuri_es referred to elsewhere in the within Complaint.
11.
In particular and without limitation, upon infonnation and belief, Defendants
Division of Youth and Family Services (n/k/a Division of Child Protection and Pennanency),
John Does 6-10 and ABC Cm:porations 1-5, agreed to conceal or ignored the nature of
Defendants P.P. and John Does' 1-5 conduct and predilections so as to facilitate the procurement
and tolerate the existence of sexual abuse of minors and, among other things, to conceal or
ignore the exact nature of the acts of Defendants P.P. and John Does 1-5 and thus ensuring that
the plaintiff would be available to Defendants P.P. and John Does 1-5 for continued and future
commissions of acts of sexual abuse against Plaintiff R.C.
12.
It was and is the policy of Defendants Division of Youth and Family Services
(n/k/a Division of Child Protection and Permanency), John Does 6-10 and ABC Corporations 1-,
5, to tolerate the presence of and keep secret the identities of pedophiles and other sexual
offenders as functioning foster parents and/or foster families in the Division of Youth and Family
Services (n/k/a Division of Child Protection and Permanency).
22
13.
It is specifically alleged upon information and belief that group leaders, including
all defendants individual, entities, named and fictitious, never viewed the sexual assaults of
children by foster parents and/or members of foster families as moral failing, rather it was treated
as a secret that must be suppressed at the expense of the youth and the community.
14.
Protection and Permanency), John Does 6-10 and ABC Corporations 1-5, failed to protect the
minor child and warn Plaintiff of Defendants P.P. and John Does' 1-5 dangerous propensities.
15.
Protection and Permanency), John Does 6-10 and ABC Cotporations 1-5, failed to provide
reasonable supervision of Defendants P.P. and John Does 1-5.
16.
Each of the defendants Division of Youth and Family Services (n/k/a Division of
Child Protection and Permanency), John Does 6-10 and ABC Corporations 1-5, owed Plaintiff
the highest duty of care, trust and confidence and were required to act in Plaintiffs best interests
at all times. Defendants' actions violated that relationship, breached the plaintiff's trust, and
breached Defendant's duty to the plaintiff. Defendants have failed to act with the highest degree
of trust and confidence to protect Plaintiff from sexual abuse.
17.
The actions complained of hereinabove were at least negligent and/or grossly
negligent and were malicious, willful, intentional, and a revealed a reckless and wanton disregard
and indifference for the safety and protection of Plaintiff and the rights of the minor-plaintiff.
18.
has suffered physical injury; severe emotional distress; diminished ~joyment of life; diminished
23
normal development and activities; suffers from behavior patterns and wiJI continue to do so in
determined.
J9.
. The actions of Defendants Division of Youth and Family Services (n/k/a Division
of Child Protection and Permanency), P.P., John Does 1-10 and ABC Corporations 1-5, .as
authority figure,
thereby causing and contributing to psychological injuries to Plaintiff,
necessitating the need for future psychological care and treatment, resulting in loss of earnings
her damages in dollar sum subject to proof at the time of trial.
20.
caused or allowed to be caused great hann to minor-plaintiff R.C. by allowing or perpetuating
WHEREFORE, ~laintiff hereby demands judgment against Defendants Timothy

Delmont, Division of Youth and Family Senrices (n/k/a Division of Child Protection and
Permanency), John Does 6-10 and ABC Corporations 1-5, for compensatory and punitive
damages, interest, costs of suit, attorneys' fees and such other relief as the court or jury may
deem proper.
24
coUNTTEN
NEGLIGENT ENTRUSTMENT, BREACH OF FIDUCIARY DUTY AND
RESPONDEAT SUPERIOR AS TO DEFENDANTS DIVISION OF YOUTH AND
FAMILY SERVICES, .JOHN DOES 6-10 AND ABC CORPORATIONS 1-5
I.
Plaintiff repeats and reiterates all of the allegations contained in the

2.
Protection and Permanency), P.P., John Does 1-10 and ABC Cmporations 1-5, are-liable for the
sexual abuse of Plaintiffunder the Doctrine ofRespondeat Superior, vicarious liability and based
upon generally accepted principles of Agency Laws.
3.
At all times material hereto, Defendants, Division of Youth and Family Services,
(n/k/a Division of Child Protection and Permanency), P.P., John Does 1-10 and ABC
Corporations 1-5 occupied a special and fiduciary relationship parents, guardians, and/or
program representatives between themselves and Plaintiff.
4..
As parents, guardians, and/or program representatives where Plaintiff was a foster
child, Defendants had a fiduciary obligation to Plaintiff, as during said time on the premises
and/or in the presence of Defendants P.P. and John Does 1-5, Plaintiff looked to Defendants P.P.
and John Does 1-:5 as figures of authority and trust, and believed he would be guided, supervised
and/or protected by Defendants P.P. and John Does 1-5. Instead, Defendants P.P. and John Does
1-5 violated the tmst and confidence reposed in them by Plaintiff and Plaintiff's
parents/guardians, and utilized their status and role as an authority figure to obtain an unfair
advantage over Plaintiff.
25
5.
Under their fiduciary relationship, Division of Youth and Family Services (nfkJa
Division of Child Protection and Pennanency), P.P., John Does 1-10 and ABC Cmporations 1-5,
were entrusted with the well-being, care, and safety of PlaintiffR.C.
6.
Under their fiduciary relationship, Division of Youth and Family Services (nfkJa
Division of Child Protection and Permanency), P.P., John Does 1-10 and.ABC Corporations 1-5,
assumed a duty to act in the best interest of PlaintiffR.C.
7.
Protection and Permanency), P.P., John Does 1-10 and ABC Corporations 1-5, breached their
fiduciary duty to Plaintiff RC.
8.
At all times relevant hereto, the defendants Division of Youth and Family
Services (n/k/a Division of Child Protection and Permanency), P.P., John Does 1-10 and ABC
Corporations 1-5, as parents, guardians, managers, representatives, agents, servants and
employees and through that employment the various defendant corporate entities, to wit,
Division of Youth and Family Services (nfkJa Division of Child Protection and Pennanency),
John Does 6-10 and ABC Corporations 1-5, gave to said foster parents, managers,
representatives, agents, servants and employees general responsibilities, duties, trust and special
undertakings.
10.
Plaintiff entrusted his body and emotional and physical safety to Defendants. The
named defendants impliedly accepted and assumed the duty to protect said plaintiff from hann,
including sexual abuse by Defendants P.P. and John Does 1-5, their officers, agents and
employees, while said plaintiff was in the care of or on the premises of the defendants.
11.
The original contact of Defendants P .P. and John Does 1-5 with Plaintiff came as
a result of the plaintiff's involvement with the Division of Youth and Family Services (n/k/a
26
Division of Child Protection and Pennanency), and/or as a result of Defendants P.P. and John
Does 1~5, status as members of foster families in the program and their direct invitation to the
minor plaintiff to spend time with them.
12.
has suffered physical injury; severe emotional distress; diminished eajoyment of life; diminished
enjoyment of childhood; difficulty and an inability to focus; difficulty and an inability to perfonn
embarrassment; is having and has had difficulty living a nomial life; is and has not engaged in
normal development and activities; suffers from behavior patterns and wilJ continue to do so in
the future; will in the futw'e be caused to endure severe pain in mind and body; has endured
activities. Plaintiffs self~esteem and ability to trust others has been substantially impaired,
determined.
13.
The actions of Defendants Division of Youth and Family Services (n/k/a Division
of Child Protection and Permanency), P.P., John Does 1-10 and ABC Corporations 1-5, as
authority figure, thereby causing and contributing to psychological injuries to Plaintiff,
necessitating the need for future psychological care and trea1ment, resulting in loss of earnings
her damages in dollar sum subject to proof at the time of trial.
27
18.
AU defendants acted carelessly, recklessly, negligently, and grossly negligent, and
caused or allowed to be caused great hann to minor-plaintiff R.C. by allowing or perpetuating

WHEREFORE, Plaintiff hereby demands judgment against Defendants Division of
Youth and Family Services (n/k/a Division of Child Protection and Permanency), P.P., John
Does 1-10 and ABC CC>rporations 1-5, for compensatory and punitive damages, interest, costs of
COUNT ELEVEN
FRAUDULENT CONCEALMENT/MISREPRESENTATION
AS TO ALL DEFENDANTS, DIVISION OF YOUTH AND FAMILY SERVICES,, JOHN
DOES 6-10 AND ABC CORPORATIONS 1-5
1.

2.
Upon information and belief, Division of Y outb and Family Services (n/k/a
Division of Child Protection and Permanency), P.P., John Does 1-10 and ABC Corporations 1-5,
motivated by their desire to prevent knowledge from being disseminated, prevent criminal
prosecution, and minimize disgrace and scandal, and by their desire to retain the active service of
a foster parent and/or foster family and/or manifestly and impliedly protect said Defendants'
perception of the rights of such foster parent and/or foster family over and above the rights and
safety of potential minor victims, under the laws of the State of New Jersey in violation of
N.J.S.A. 9:6-8.8 et seq. and/or the United States, thereby taldng a risk with and/or egregiously
endangering the safety of such victims, agreed to enter into a conspiracy, conspired to and did
fraudulently conceal and/or misrepresent their knowledge, negligence, and activities from
Plaintiff R.C. Said Defendants engaged in a course of conduct including, but not limited to, the
28
making of and/or permitting and environment of secrecy, the making of and/or false
representations, promises, duress and/or failure to disclose and/or suppression of material facts,
designed to prevent victims such as Plaintiff, from timely discovering and/or recognizing the
wrongfulness of Defendants' actions and Plaintiffs resultant injuries, as well as the causes of
action - all as more specifically set forth in detail elsewhere in this Complaint.
3.
Defendants willfully misrepresented, and deliberately misled PlaintiffR.C. and/or
failed to protect, warn and/or inform her for at least one (1) of the following unreasonable
reasons:
(a)
their interest in protecting defendants P.P., and John Does .
1-5, and/or any or all of the remainder of the named

defendants, themselves, each of them and all of them, in
particular, Division of Youth and Family Services (n/k/a
Division of Child Protection and Permanency), in general,
from investigation;
(b)
to protect the activities of P.P. and John Does 1-5 and/or
any or ail .of the remainder of the named .defendants,

themselves, each of them and all of them, in particular, and
Division of Youth and Family Services (n/lda Division of

Child Protection and Permanency), in general, from
investigation, etc., in general; and/or
(c)
the injuries to Plaintiff that were likely to result, and that

did in fact result, were outweighed by the protection of the
Division of Youth and Family Services (n/k/a Division of
29
Child Protection and Permanency) program, the defendants

in general, from investigation, etc.
4.
Because of Plaintiffs positions and Defendants' positions and authorities, the
plaintiff reasonably relied upon Defendants' misrepresentations and/or acts of omission and/or
commission.
5.
Due in part to the Defendants' fraudulent concealment, Plaintiff herein lacked
actual or constructive knowledge of the factual and/or legal basis for this lawsuit, particularly
against the Defendants, and were prevented from realizing the wrongfulness of Defendants'
actions and Plaintiff's resulting harm, and from remediating that hann.
6.
Plaintiff, despite his exercise of due diligence, was prevented from discovering
these causes of action set forth herein, as a direct result of Defendants' conduct.
7.
At all times material hereto, the actions of said Defendants' were willful, wanton,
malicious, reckless, and outrageous in their disregard for the rights and safety of Plaintiff.
8.
As a direct and/or proximate result of said Defendants' conduct, Plaintiff has
suffered the injuries and damages described herein.
9.

WHEREFORE, Plaintiff demands judgment against all of the defendants, jointly,
severally and/or in the alternative, for compensatory damages, and for punitive damages,
together with interest and costs.

COUNT TWELVE
30
CONSPIRACY TO COMMIT ACTS AND VIOLATE PLAINTIFF'S RIGHTS AS Tu

ALL DEFENDANTS, DIVISION OF YOUTH AND FAMILY SERVICES, P.P., JOHN
DOES 1-SANDABCCORPORATIONS 1-S
1.
Plaintiff repeats and reiterates all of the allegations contained in the previous counts
and/or paragraphs as if set forth at length herein.
2.
Upon information and belief, the defendants, Division of Youth and Family
Services (n/k:Ja Division of Child Protection and Pennanency), P.P., John D,?es 1-10 and ABC
Corporations 1-5, motivated by their desire to prevent knowledge, prevent criminal prosecution,
and minimize disgrace and scandal, and by their desire to retain the active service of a foster
parent, employee, agent, servant and/or volunteer, and/or manifestly and impliedly protect said
Defendants' perception of the rights of such adult foster parent, employee, agent, servant and/or
volunteer over and above the rights and safety of the minor victim and other potential minor
victims and to protect Defendants themselves, each and aU of them, under the laws of the State
of New Jersey and the United States, thereby risking the safety of such victims, agreed to by
their overt acts, omissions and/or verbal and non-verbal agreements, conceal, cover up, and
thereby entered and/or conspired, aided and/or abetted to commit the acts complained of herein
and to violate the rights of minor children, including, but not limited to, the plaintiff.
3.
In furtherance of said conspiracy and/or agreement, Defendants, through their
position and authority as leaders, and/or in their unique authority and coercion over Plaintiff,
overtly protected, P.P. and John Does 1-:5, and thereby themselves, Defendants, each of them and
all of them, and facilitated their access to minor children, including, but not limited to, Plaintiff,
engaged in a cover-up of their activities, and thereby prevented the plaintiff from discovering the
wrongfulness of defendants P.P. and John Does' 1-5 actions, and otherwise acted to injure
Plaintiff R.C.
31
4.
At all times material hereto, the actions of Defendants were willful, wanton,
malicious, reckless, outrageous and/or negligent in their disregard for the rights and safety of
Plaintiff.
5.
Said conduct has continued up to and including the present time.
6.
As a direct and proximate result, Plaintiff has suffered and will continue to suffer
the injuries and damages described herein.

7.
All defendants acted care]essly, recklessly, negligently, and grossly negligent, and

WHEREFORE, Plaintiff demands judgment against all of the defendants, jointly,

severally and/or in the a1temative, for compensatory damages, and for punitive damages,
COUNT THIRTEEN
BREACH OF STATUTORY DUTY, INCLUDING, BUT NOT LIMITED TO, THE DUTY
IMPOSED BY N.J.S.A. 9:6-8.10 ET SEO AND ITS PREDECESSOR STATUTE AS TO
ALL DEFENDANTS. DIVISION OF voum AND FAMILy SERVICES, P.P., JOHN
DOES 1-5 AND ABC CORPORATIONS 1-S
I.

2.
Protection and Permanency), P.P., John Does 1-10 and ABC Corporations 1-5, had a statutorilyimposed duty to report reasonable suspicion of abuse by Defendants John Does 1-5 of the minor
in their household, including, but not limited to, the duty imposed by N.J.S.A. 9:6-8.10 et seq.,
and its predecessor statute.
32
3.
Defendants breached that duty by failing to report reasonable suspicion of abuse
by Defendants John Does 1-S of the minor in their household.
4.
As a direct and/or indirect result of said conduct, Plaintiff has suffered injuries
and damages described herein.
5.
All defendants carelessly, recklessly, negligently and acted with gross negligence
and caused or allowed to be caused great harm to minor-plaintiff R.C. by allowini or

perpetuating sexual molestation of t,he minor child.
WHEREFORE, Plaintiff demands judgment against a11 of the defendants, jointly,

severally and/or in the alternative, for compensatory damages, and for punitive damages,
Dated:
I~ -15-/5
JURY DEMAND
Plaintiff hereby demands a trial by a jury on all of the issues contained herein.
DESIGNATION OF TRIAL COUNSEL
ROBERT R. FUGGI, JR., is hereby designated as trlai counsel in this matter.
PLAINTIFF'S DEMAND FOR DAMAGES

Plaintiff hereby demands damages from a11 defendants in an amount to be determined at
trial.
33
Dated:
1J. -/5-/5
CERTIFICATION
Pursuant to R. 4:5-1, it is hereby certified that the matter in controversy is not the subject
of any other action pending in any Court or arbitration proceeding and plaintiffs do not
contemplate any other action or Arbitration proceeding.

1 certify that the foregoing statements made by me are true and correct to the best of my
knowledge and infonnation. I am aware that if any of the foregoing statements made by me are
willfully false, I am subject to punishment.
Dated:
IJ.-/5-/5
34
DEMAND FOR DISCOVERY OF INSURANCE INFORMATION

Pursuant to R. 4:10-2 (b), the plaintiff(s) hereby demands that the defendant(s) provide
the following information with respect to the existence and contents of any insurance agreement
under which any person carrying on an insurance business may be liable to satisfy part or all of a
judgment which may be entered in this action or to indemnify or reimburse for payments made to
satisfy the judgment:
1.
On the date of the acts complained of, did the defendant, each and all
individually, have an insurance policy and, 1f so, set forth the name of the
insurance company, the policy number, the effective date, the policy limits and
attach a copy of the Declaration page.
2.
On the date of the accident, did the defendant, each and all individual, have any
excess coverage including an umbrella policy and, if so, set forth the name of the
insurance company, the policy number, the effective date, the policy limits and
attach a copy of the Declarations page.
.,:ESQ.
Dated:
I;;i -15-15
I hereby certify under penalty of Jaw that the information set forth above in response to
plaintiff's Demand for Discovery of Insurance Coverage is correct and that I will notify
plaintiff's attorney immediately if I obtain any additional infonnation.
Attorney for Defendant(s)

Dated:
35

RC V NJ Department of Children and Families DYFS

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RC V NJ Department of Children and Families DYFS

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FUGGI LAW FIRM, P.C.

RECEIVED & FILED

DIVISON OF YOUTH AND FAMILY

COMPLAINT; JURY DEMAND;

R.C. (hereinafter "Plaintiff") resides in Port Barre, Louisiana.

Plaintiff R.C. was, as a minor, sexually assaulted and/or sexually abused by

counts and/or paragraphs as if set forth at length herein.

Pursuant to N.J.S.A. 2A:61B-l:

As Defendants Division of Youth and Family Services (n/k/a Division of Child

caused or allowed to be caused great bann to minor-plaintiff R.C. by allowing or pexpetuating

Pursuant to N.J.S.A. 2A:61Bl:

c. Nothing in [the Child Sexual Abuse Act] is intended to preclude

From approximately 1991 through approximately 1999, Defendants P.P. and

In or around 1993, plaintiff R.C. was placed in the foster home o f . ~

In or around J995, Plaintiff R.C. was placed in a Somerset Hills Residential

From approximately 1991 through approximately 1999, Defendants P.P. and

counts and/or paragraphs as if set forth at length herein.

Defendants' actions would be offensive to a person with a reasonable sense of

Defendants' actions were outrageous, and constituted a wanton and reckless

disregard to Plaintiff's health and welt-being.

caused or allowed to be caused great harm to minor-plaintiff R.C. by allowing or perpetuating

counts and/or paragraphs as if set forth at length herein.

intent to cause offensive touching of Plaintiff.

Defendants' actions would be offensive to a person with a reasonable sense of

Defendants' actions were outrageous, and constituted a wanton and reckless

disregard to Plaintiff's health and well-being.

caused or allowed to be caused great harm to minor-plaintiff R.C. by a11owing or perpetuating

Plaintiff hereby demands

judgment against Defendants

Plaintiff repeats and reiterates all of the allegations contained in the

previous counts and/or paragraphs as if set forth at length herein.

Defendants by deception, duress, intimidation, caused Plaintiff to engage in

John Does 1-5.

Defendants acted either intentionally or recklessly and knew or should have

of human decency and was outrageous and unacceptable in a civilized society.

caused or allowed to be caused great harm to minor-plaintiff R.C. by allowing or perpetuating

Plaintiff hereby demands judgment against Defendants for

DELAYED DISCOVERY - EQUITABLE ESTOPPEL

. Plaintiff repeats and reiterates all of the allegations contained in the

previous counts and/or paragraphs as if set forth at length herein.

Pursuant to N.J.S.A. 2A:61B-1:

relative to the behavior ofDefendants P.P. and John Does 1-5.

Defendants Division of Youth and Family Services (n/k/a Division of Child

Defendants Division of Youth and Family Services (nlk/a Division of Child

P.P. and John Does 1-5 as alleged in this Complaint.

As a result of their action/inaction, defendants Division of Youth and Family

thereby causing and contributing to psychological injuries to plaintiff,

caused or allowed to be caused great harm to minor-plaintiff R.C. by aJlowing or perpetuating

counts and/or paragraphs as if set forth at length herein.

This is an action for negligence and/or gross negligence and/or recklessness

Between approximately 19991 and approximately 1999, as more specifically set

Defendants Division of Youth and Family Services (n/k/a Division of Child

If the defendants had conducted themselves as described hereinabove, they would

Defendants Division of Youth and Family Services (n/lc/a Division of Child

Defendants Division of Youth and Family Services (n/k/a Division of Child

In particular and without limitation, upon infonnation and belief, Defendants

Defendants Division of Youth and Family Services (n/k/a Division of Child

Defendants Division of Youth and Family Services (n/k/a Division of Child

The actions complained of hereinabove were at least negligent and/or grossly

thereby causing and contributing to psychological injuries to Plaintiff,

caused or allowed to be caused great hann to minor-plaintiff R.C. by allowing or perpetuating

sexual molestation of the minor child.

WHEREFORE, ~laintiff hereby demands judgment against Defendants Timothy