Case 3:14-cv-01074-D Document 1 Filed 03/26/14

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

MARY DOE, Individually, ! and as Next Friend of ANGELA DOE, a minor, ! v. ERIKA SUSAN PERDUE, ! Defendant. Plainti"s,

CIVIL ACTION NO. ______________

PLAINTIFFS ORIGINAL COMPLAINT ! COME NOW Plainti" Mary Doe #Plainti" Mary$, Individually, and as Next Friend

of Angela Doe #Plainti" Angela$, complaining of Erika Susan Perdue, Defendant; and would respectfully show the Court as follows: I. Nature of the Action ! 1.1 ! This is a suit for damages arising out of the Defendants criminal violations of

federal child pornography statutes including 18 U.S.C. 2252A#a$#1$. ! 1.2! 18 U.S.C. 2255 #Mashas Law$ gives the victims of child pornography a

federal private right of action against those who violate enumerated federal criminal statutes related to the receipt and/or distribution of the o"ending images, including 18 U.S.C. 2252A#a$#1$. ! 1.3 ! Plainti"s have been notied that Defendant has pleaded guilty to activity

relating to material constituting or containing child pornography.

_________________________________ PLAINTIFFS ORIGINAL COMPLAINT!

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1.4!

Under 18 U.S.C. 2255#a$, victims who su"er personal injury as a result of the

violations of one or more of such statutes shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorneys fee. ! 1.5 ! 18 U.S. C. 2255#a$ provides that any such person is deemed to have sustained

damages of no less than %150,000 in value. ! 1.6! Additionally, 18 U.S.C. 2252A#f$ provides a separate federal civil remedy that

allows any person aggrieved by a violation of Section 2252A to sue for compensatory and punitive damages and the costs of the civil action, including reasonable attorneys fees. II. Parties and Service ! 2.1! Plainti" Angela Doe is a minor and a resident of the State of Texas. Angela

Doe is a pseudonym for the victim depicted in the child pornography series at issue. ! 2.2! The Plainti" Mary Doe is the natural mother of Plainti" Angela Doe, and is a

resident of Texas. Mary Doe is a pseudonym. ! 2.3! The Defendant is a resident of Texas. The Defendant pleaded guilty to, and

was convicted of, transporting and shipping child pornography in violation of 18 U.S.C. 2252A#a$#1$, and has been sentenced to be imprisoned for a term of 168 months. Prior to her arrest, Defendants last known address was 3413 Villanova St., Dallas, Texas, 75225. Defendant is currently, or soon will be, in the custody of the United States Bureau of Prisons.

_________________________________ PLAINTIFFS ORIGINAL COMPLAINT!

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III. The Plainti!s Right to Proceed Under Pseudonyms ! 3.1 ! Pursuant to FEDERAL RULE OF CIVIL PROCEDURE 5.2, the name of the minor

Plainti" in this case has been redacted from this document and replaced with the pseudonym Angela Doe. ! 3.2! Plainti"s are requesting permission to proceed in this case using their

pseudonyms in accordance with the applicable law in this circuit. ! 3.3! According to Fifth Circuit precedent, a party may preserve his or her

anonymity in judicial proceedings in special circumstances where the normal practice of disclosing the parties identities yields to a policy of protecting privacy in a very private matter. Doe v. Stega!, 653 F. 2d 180, 185 #5th Cir. 1981$. ! 3.4! The Plainti"s need for anonymity outweighs any prejudice to the Defendant

or the publics interest in knowing their identity. ! 3.5! To the extent this request is opposed by Defendant, or if the Court otherwise

deems it necessary, Plainti"s request an opportunity to present evidence and argument to the Court in support of this request. IV. Jurisdiction and Venue ! 4.1! This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. 1331 in that this matter invokes federal causes of action contained in 28 U.S.C. 2255#a$ and 28 U.S.C. 2252A#f$, and therefore arises under the laws of the United States. This Court has supplemental jurisdiction over the remainder of the claims asserted herein pursuant to 28 U.S.C. 1367.

_________________________________ PLAINTIFFS ORIGINAL COMPLAINT!

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4.2!

Venue is proper in the Northern District of Texas, Dallas Division, pursuant

to 28 U.S.C. 1391#a$#2$, because this is the District in which a substantial part of the events or omissions giving rise to the claims occurred. V. Factual Background ! 5.1 ! In 2008, Angela was a victim of sexual abuse perpetuated by her father, who

created still and video images of such abuse. ! 5.2! Subsequent thereto, Angelas father distributed digital versions of these still

and video images by the use of his computer and an interactive computer service. ! 5.3 ! The images have been designated with the series name of Angela chosen

because it was used as the root lename under which such images are commonly distributed. ! 5.4! Plainti" Angelas father participated in secret online chatrooms and other

online distribution channels in order to distribute the images he created of Angela. ! 5.5 ! In 2009, Plainti " Angelas father was convicted on two counts of

manufacturing and transporting child pornography, and sentenced to fifty years incarceration. ! 5.6! Recipients of these images, including the Defendant, viewed or downloaded

the images of Plaintiff Angela and redistributed the images through other online distribution networks, making such images widely available. ! 5.7! The United States Department of Justice # DOJ $ has identied the

Defendant in this action as having received, possessed, and/or distributed one or more of the illicit images created of Plainti" Angela, and has prosecuted her to a conviction for one of the predicate criminal o"enses underlying Mashas Law.

_________________________________ PLAINTIFFS ORIGINAL COMPLAINT!

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5.8 !

The DOJ has identied Plainti" Angela as a victim of Defendants criminal

conduct. ! 5.9! As a result, Plainti"s have received a notication through DOJs Victim

Notication System identifying the Defendant by name as a person who illegally possessed and/or distributed one or more of the images of Plainti" Angelas childhood sexual abuse. ! 5.10! To date, Plainti " s have received hundreds of such noti cations of

prosecutions by the DOJ of alleged and convicted perpetrators similarly situated to this Defendant. ! 5.11 ! Defendant has pled guilty to violating 18 U.S.C. 2252A#a$#1$, relating to the

transportation or shipping of child pornography. ! ! 5.12! 5.13! Defendant has been convicted of violating 18 U.S.C. 2252A#a$#1$. Because of the acts of the Defendant in soliciting, viewing, copying, and

distributing the images that document Plainti" Angelas humiliation and abuse, Plainti" Angela has su"ered severe and permanent personal injury including, but not limited to, the invasion of her privacy, signicant and extreme emotional distress, and psychological harm. ! 5.14! Defendants conduct in distributing the material has resulted in the creation

of countless copies of Plainti" Angelas images which continue to be traded online, compounding the invasion of Plainti" Angelas privacy, and Plainti"s anguish and fear for Angelas personal safety. ! 5.15! Plainti"s must live with the knowledge that Defendant, and those like her,

have copied and distributed innumerable images of Angelas abuse, thus exponentially multiplying the channels through which these images may be illegally viewed and re& distributed.
_________________________________ PLAINTIFFS ORIGINAL COMPLAINT!

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5.16!

Plainti"s must also live with the fear that Angela may be recognized or even

stalked by others who have viewed the images for the purpose of satisfying their perverse, prurient urges. ! 5.17! Each additional notication that yet another person has been apprehended

with these images causes both Plainti"s to su"er additional and compounded mental and emotional anguish, through the knowledge that these images are still falling into the hands of thousands of perverse individuals, each of whom is a potential threat. ! 5.18! Thus the mental and emotional anguish su"ered by Plainti" Angela is

expected to continue into the future. ! 5.19! The extreme emotional injury su"ered by Plainti" Angela has manifested

itself in severe physical injury. ! 5.20! As a direct and proximate result of Defendants wrongful conduct, Plainti"

Angela has su"ered, and will continue to su"er, economic harm including, but not limited to, expenses for past and future psychological therapy and diminished earning capacity. ! 5.21 ! As a result of the Defendants conduct, Plainti" Mary has directly su"ered

mental and emotional anguish and a heightened fear for the personal safety of her daughter. ! 5.22! Additionally, as a result of witnessing the severe emotional distress su"ered by

her daughter, Plainti" Mary has su"ered mental and emotional anguish in the past. ! 5.23! Plainti" Marys mental and emotional anguish is expected to continue into

the future. ! 5.24! The extreme emotional injury su"ered by Plainti" Mary has manifested itself

in severe physical injury.

_________________________________ PLAINTIFFS ORIGINAL COMPLAINT!

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5.25!

The injuries and damages su"ered by Plainti" Angela and Plainti" Mary were

the foreseeable result of the Defendants conduct, even though such injuries were accidental from the standpoint of the Defendant in that they were neither intended by the Defendant nor the natural and expected result of the Defendants conduct. VI. Claim Asserted by Angela Doe under Mashas Law "18 U.S. C. 2255# ! 6.1! 18 U.S. C. 2255 provides that any person who, while a minor, was a victim of

a violation of 18 U.S.C. 2252A and who su"ers personal injury as a result of such violation shall recover the actual damages the person sustains and the cost of the suit, including a reasonable attorneys fee. ! 6.2! 18 U.S.C. 2255#a$ provides that any victim described in Section 2255 shall be

deemed to have sustained damages of no less than %150,000 in value. ! ! 6.3! 6.4! Defendant has pleaded guilty to violating 18 U.S.C. 2252A#a$#1$. Plainti" Angela has su"ered, and continues to su"er, personal injury as a

result of the Defendants criminal violations of the federal child pornography statutes. ! 6.5! Plainti" Angela is entitled to recover her actual damages including, but not

limited to, deemed damages of %150,000, any additional actual damages shown at trial, punitive damages, costs of the suit including reasonable attorneys fees, and prejudgment and post&judgment interest. VII. Claim Asserted by Mary Doe under 18 U.S.C. 2252A"f# ! 7.1! 18 U.S.C. 2252A#f$ allows any person aggrieved by a violation of Section

2252A to sue for compensatory and punitive damages, the costs of the civil action, and reasonable fees for attorneys and expert witnesses.
_________________________________ PLAINTIFFS ORIGINAL COMPLAINT!

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7.2!

Plainti" Mary Doe has su"ered severe mental anguish and emotional distress

as a direct result of Defendants conduct, and is a person aggrieved pursuant to 18 U.S.C. 2252A#f$. ! 7.3! Additionally, Plainti" Mary Doe is a person aggrieved under 18 U.S.C.

2252A#f$ by virtue of her witnessing the severe mental anguish and emotional distress su"ered by her daughter, Plainti" Angela, as a result of the Defendants conduct. VIII. Claims Asserted by Plainti! Angela and Plainti! Mary under Common$Law Negligence ! 8.1 ! The acts of Defendant in possessing, viewing, and distributing the images

constituted a failure to exercise reasonable care that proximately caused damages to Plainti" Angela and Plainti" Mary. ! 8.2! In particular, the Defendant knew or should have known that her conduct

imposed an unreasonable risk of injury to the Plainti"s, including physical injury resulting from severe mental and emotional distress. IX. Common Nuisance ! 9.1! Plainti"s allege that the Defendant maintained common nuisance as that

term is dened in section 125.0015 of the TEXAS CIVIL PRACTICE AND REMEDIES CODE. ! 9.2! Specically, Defendant maintained a place to which persons habitually went,

physically and virtually, for the following activities: #a$! Engaging in organized criminal activity as a member of a combination

as prohibited by the TEXAS PENAL CODE, to include Section 71.01 & 71.02; #b$! Delivery, possession, manufacture or use of a controlled substance in

violation of Chapter 481, TEXAS HEALTH AND SAFETY CODE;

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#c$!

Commercial manufacture, commercial distribution, or commercial

exhibition of obscene material as prohibited by the TEXAS PENAL CODE; and #d$! Sexual conduct or performance by a child as described by Section 43.25

of the TEXAS PENAL CODE, including the promotion of a performance that includes sexual conduct by a child as prohibited by section 43.25#d$ of the TEXAS PENAL CODE.1 ! 9.3! Defendant knowingly tolerated such activities and failed to make reasonable

attempts to abate such activities. X. Damages ! 10.1! Plainti" Angela Doe seeks damages from Defendant as follows: #a$! Compensatory damages for all injuries, including mandatory minimum statutory damages under 18 U.S.C. 2255#a$ of no less than %150,000; and, #b$ ! ! 10.2! Punitive damages.

Plainti" Mary Doe seeks damages from Defendant as follows: #a$! #b$! Loss of earning capacity in the past; Loss of earning capacity that will, in reasonable probability, be incurred in the future; #c$! Plainti"s mental anguish in the past;

! Promote means to produce, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to o"er or agree to do any of the above. TEX. PEN. CODE 43.25#a$#5$. "Performance" means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one or more persons. TEX. PEN. CODE 43.25#a$#3$.
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#d$!

Plainti"s mental anguish that will, in reasonable probability, be su"ered in the future;

#e$!

Plainti"s physical pain and su"ering in the past, including such pain and suffering that resulted from the physical manifestation of Plainti" s mental anguish;

#f$!

Plainti " s physical pain and su " ering that will, in reasonable probability, be su"ered in the future, including such pain and su"ering that results from the physical manifestation of Plainti" s mental anguish; and

#g$! ! 10.3!

Punitive Damages in accord with TEXAS CPRC 41.008#c$#7$.

Plainti"s additionally seek damages from Defendant for: #a$! Costs of this civil action, including reasonable attorneys fees and expert witness fees; and #b$! Pre&judgment and post&judgment interest as provided by law. XI. JURY DEMAND

11.1 !

Plainti"s request a trial by Jury.

_________________________________ PLAINTIFFS ORIGINAL COMPLAINT!

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PRAYER ! WHEREFORE, PREMISES CONSIDERED, Plainti"s pray that Defendant be

cited to Appear and Answer herein; that this cause be set down for trial before a Jury; and that Plainti"s recover Judgment of and from Defendant for their damages in such amount as the evidence shows and the Jury determines to be proper, together with pre&judgment and post&judgment interest, costs of suit, and such other and further relief to which Plainti"s may show themselves to be entitled, whether at law or in equity.

Respectfully submitted,

By:!

/s/ Marc C. Lenahan Marc C. Lenahan State Bar No. 24007546 Law@Lenahan.com P. Wes Black State Bar No. 24009904 Wes@Lenahan.com LENAHAN LAW, P.L.L.C. One Metro Square West 2655 Villa Creek, Suite 204 Dallas, Texas 75234 214.295.1008 888.473.2820 toll&free 214.295.2664 fax ATTORNEYS FOR PLAINTIFFS

_________________________________ PLAINTIFFS ORIGINAL COMPLAINT!

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