Filing # 18033689 Electronically Filed 09/09/2014 04:33:35 PM

IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
CASE NO.
GE DOE,
Plaintiff,
vs.
BOY SCOUTS OF AMERICA, INC., a
Congressionally Chartered Corporation authorized
to do business in Florida, SOUTH FLORIDA
COUNCIL, INC., BOY SCOUTS OF
AMERICA, a Florida Corporation.
Defendants.
___________________________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, GE DOE, hereby files this Complaint against Defendants, BOY SCOUTS OF
AMERICA, INC., a Congressionally Chartered Corporation authorized to do business in Florida,
SOUTH FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA, a Florida Corporation,
and alleges as follows:
GENERAL ALLEGATIONS
1.

This is an action arising from repeated child sexual abuse committed by a Boy

Scout leader upon GE DOE while he was a participant in the scouting activities of the Boy
Scouts organization.
2.

Plaintiff, GE DOE is now an adult male residing in Miami-Dade County, Florida.

At all relevant times, GE DOE was a minor who participated in youth activities promoted,
sponsored, and organized by the Defendants.

3.

GE DOE is identified by a pseudonym in this lawsuit in that this case involves

intimate facts of his childhood sexual abuse. J.M.s real identity is known to the Defendants and
their attorneys, but he fears further psychological injury if his name were publicly disclosed.
4.

Defendant, BOY SCOUTS OF AMERICA, INC., (BOY SCOUTS) is a

Congressionally Chartered Corporation headquartered in Irving, Texas, authorized to do business

in Florida, and engaging in substantial and not isolated activities in Florida.
5.

Defendant, SOUTH FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA

(SOUTH FLORIDA COUNCIL) is a Florida corporation under the control and supervision of
BOY SCOUTS OF AMERICA, INC. SOUTH FLORIDA COUNCIL is responsible for the
activities and interests of the BOY SCOUTS within the South Florida geographic region.
6.

BOY SCOUTS operate one of the largest youth organizations in the United States

and select and approve adult leaders to serve as scoutmasters and hold other leadership positions
within the BOY SCOUTS.

These adult leaders supervise, mentor and instruct youth who

participate in the activities of the BOY SCOUTS. BOY SCOUTS retain the right to control the
physical details and the means and methods of scout leaders interactions with individual scouts.
7.

At all material times, the BOY SCOUTS were responsible for the assignment of

scoutmasters, scout leaders, volunteers, as well as the implementation of policies and procedures,
including policies relating to the safety of children and prevention of childhood sexual abuse.
8.

At all material times, BOY SCOUTS has accumulated massive amounts of data

concerning pedophiles and child molesters who have infiltrated its scout leader ranks. This data,
which covers decades, contains significant amounts of information concerning the scope of child
abuse within BOY SCOUTS and specific behavioral pattern of scout leaders who engage in
sexual misconduct.

9.

JEROLD JERRY MACKINNON was at all material times an unmarried adult

male and assistant scoutmaster and leader of the BOY SCOUTS who was assigned to supervise,
mentor and instruct youth who were involved in scouting activities of the BOY SCOUTS,
including SOUTH FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA.

In this

capacity, JEROLD MACKINNON was under the supervision of the BOY SCOUTS.
10.

DR. ROBERT GRUMET was at all material times an unmarried adult male and

scoutmaster and leader of the BOY SCOUTS who was assigned to supervise, mentor and instruct
youth who were involved in scouting activities of the BOY SCOUTS, including SOUTH
FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA.

In this capacity, ROBERT

GRUMET was under the supervision of the BOY SCOUTS.

11.

GE DOE was a youth involved in the BOY SCOUTS who was under the

supervision of JEROLD MACKINNON and ROBERT GRUMET as a result of his involvement

in SOUTH FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA, in Miami, Florida.
12.

Venue properly lies in this judicial circuit in that the torts committed described

herein occurred in Miami, Florida. This Court has jurisdiction in that this is a claim for damages
far in excess of this courts jurisdictional minimum of $15,000, exclusive of interest, costs, and
attorneys fees.
SEXUAL ABUSE OF GE DOE
13.

GE DOE was born in 1974.

14.

In approximately 1983 and 1984, GE DOE met JEROLD MACKINNON through

his involvement in Troop 64 of the BOY SCOUTS, where MACKINNON served as Assistant
Scoutmaster.

15.

GE DOE did not have a male role model during that time of his life because his

parents got divorced and he was raised by his mother. GE DOEs mother thought it would be
good for GE DOE to get involved in the BOY SCOUTS to have positive male role models in his
life.
16.

Immediately after joining the BOY SCOUTS, MACKINNON began grooming

GE DOE as a potential victim for sexual abuse.

17.

By virtue of MACKINNONs status as a leader within the BOY SCOUTS, GE

DOE and his mother trusted and placed their confidence in MACKINNON.
18.

GE DOE quickly developed a close bond with JEROLD MACKINNON based on

their mutual interest and involvement in BOY SCOUTS activities.

GE DOE looked up to

MACKINNON as a father figure.

19.

Shortly into his membership with the BOY SCOUTS, GE DOE began spending

time at MACKINNONs house.

20.

Prior to and during the period that GE DOE was being sexually abused by

MACKINNON, Scoutmaster ROBERT GRUMET and MACKINNON were together sexually

abusing other boys whom they met through the BOY SCOUTS. GRUMET and MACKINNON
introduced these boys to alcohol and pornography and knew or should have known that each
caused were a danger to young boys over whom they had control.
21.

The abuse of these other boy scouts by GRUMET and MACKINNON pre-dated

the sexual abuse of GE DOE and occurred at a variety of other locations, including during
scouting activities and at GRUMETs house.

At GRUMETs house, GRUMET and

MACKINNON encouraged members of the Boy Scout troop to skinny dip, run around naked,
and bathe in a Jacuzzi naked.

22.

GRUMET and MACKINNON, on multiple occasions, joined the naked boys in

the Jacuzzi and brushed up against the naked boys.

GRUMET and MACKINNON also

inappropriately touched the naked boys in the pool and steam room at GRUMETs house.
23.

The sexual abuses committed upon GE DOE also occurred at a home in

Southwest Miami, which was owned by either MACKINNON or GRUMET. While in the home,
MACKINNON took GE DOE into a room and said they were going to play a game.
MACKINNON began to chase GE DOE until GE DOE ended up on a bed. MACKINNON
grabbed GE DOE, unzipped his pants and performed oral sex on him. MACKINNON also
unzipped his own pants and masturbated himself.
24.

On another occasion, GE DOE was with MACKINNON on a troop outing at

Topeekeegee Yugnee Park (T.Y. Park) in Hollywood, Florida. GE DOE, along with other
scouts, were in a tent with MACKINNON. MACKINNON instructed the boy to expose their
genitals to him and he fondled each of the boys in the tent. This happened numerous times
during the weekend campout.
25.

At all relevant times of the abuse, JEROLD MACKINNON and ROBERT

GRUMET were agents of the BOY SCOUTS while serving as scoutmasters, youth leaders, and
authorized volunteers of SOUTH FLORIDA COUNCIL.
26.

Upon information and belief, other officials in the BOY SCOUTS were also

aware that JEROLD MACKINNON and ROBERT GRUMET were engaging in inappropriate
relations with boys and/or had a propensity to engage in sexual misconduct, but did nothing to
prevent them from engaging in these activities, nor did they attempt to warn boys whom the
BOY SCOUTS placed in contact with JEROLD MACKINNON and ROBERT GRUMET.
Instead, the BOY SCOUTS purposefully concealed these unlawful acts of abuse from the public

and the boys parents to avoid adverse publicity and scandal to the BOY SCOUTS. Indeed, the
BOY SCOUTS engaged in a scheme to prevent its participants from learning of JEROLD
MACKINNON and ROBERT GRUMETs pattern of abuse. The BOY SCOUTS fraudulently
misrepresented to its youth members that JEROLD MACKINNON and ROBERT GRUMET
were safe and qualified to supervise and befriend youth involved in the BOY SCOUTS, when in
fact the BOY SCOUTS knew of JEROLD MACKINNON and ROBERT GRUMETs unlawful
sexual propensities.
27.

A foreseeable harm of Defendants allowing JEROLD MACKINNON and

ROBERT GRUMET to remain in leadership positions in the boy scouts was the recurrence of
sexual abuse of boys, including the abuse suffered by GE DOE.
28.

Upon information and belief, after finding out about JEROLD MACKINNON

and ROBERT GRUMETs sexual abuse of minors, Defendants actively took steps to conceal the
abuse and make misrepresentations about their suitability to work with youth for purposes of
protecting themselves from civil liability.
29.

A foreseeable harm of the Defendants actively concealing their knowledge of the

sexual misconduct and inappropriate relationships with boys was the creation of an atmosphere
where Defendants leaders felt as if they could continue to sexually assault boys without fear of
consequences.
30.

Additionally, pursuant to its general policies and practices, the BOY SCOUTS

have maintained for over 80 years what was originally known as the red flag files, and later the
confidential files.
31.

Today these files are known as the ineligible volunteer files.

32.

Within the confidential files is a subset of files called by the BOY SCOUTS the

perversion files or P-Files.

33.

These secret files were created by the BOY SCOUTS and contain the names of

BOY SCOUT leaders and adult volunteers, whom the BOY SCOUTS knew were alleged to
have, or in fact did sexually molest or otherwise sexually abuse scouts who were minor children.
34.

The BOY SCOUTS concealed facts demonstrating its role in enabling and

facilitating this abhorrent sexual abuse and emotionally damaging acts.

35.

As a result of these personnel files detailing the predations of scoutmasters and

adult volunteers, Defendants knew and were familiar with the particular behavioral
characteristics and grooming techniques of pedophiles and child molesters who joined the BOY
SCOUTS at alarming levels.
36.

Upon information and belief, JEROLD MACKINNON and ROBERT GRUMET

were known by the BOY SCOUTS to engage in the particular behavioral characteristics and
grooming techniques of known pedophiles in the BOY SCOUTS.
37.

A foreseeable harm of the BOY SCOUTS knowing that its volunteers exhibited

behavioral characteristics and grooming techniques of pedophiles and failing to expel and/or ban
these individuals from the BOY SCOUTS and further failing to warn scouts of the existence of
such persons in scouting was the sexual abuse of boys who joined the BOY SCOUTS, including
the abuse suffered by GE DOE.
38.

It was further the policy and practice of the BOY SCOUTS for its employees,

volunteers, and representatives to maintain the secrecy of these files as a duty of the highest
order.

39.

As a result, GE DOE and his parents had no reason to believe that the BOY

SCOUTS had engaged in any wrongdoing in supervising JEROLD MACKINNON and

ROBERT GRUMET, and GE DOE was blamelessly ignorant of his claim against the BOY
SCOUTS.
COUNT I
(Intentional Infliction of Emotional Distress
against Boy Scouts of America)
40.

Plaintiff repeats and re-alleges Paragraphs 1 through 39 above.

41.

BOY SCOUTS acted recklessly or intentionally in allowing JEROLD

MACKINNON and ROBERT GRUMET to maintain scoutmaster roles after the BOY SCOUTS
knew of their sexual proclivities for minor boys and demonstrated behavior consistent with
known pedophiles.
42.

BOY SCOUTS conduct was extreme in degree and outrageous in character, in

that it was substantially certain that placing known pedophiles and/or men with known pedophile
tendencies into leadership positions would in fact cause minor boys in the BOY SCOUTS to be
sexually assaulted by these scoutmasters.
43.

BOY SCOUTS affirmative conduct of allowing abusive scoutmasters to lead and

interact with minor children caused GE DOEs sexual assaults.

44.

BOY SCOUTS conduct caused GE DOE to be assaulted and to incur severe

emotional distress.
45.

BOY SCOUTS acts were willful and resulted in sexual abuse, mental abuse,

harm and injury to GE DOE that caused his mental and emotional health to be significantly
impaired. BOY SCOUTS acts and conduct constitute abuse of a child within the meaning of
Florida Statute 39.01(2).

46.

It is only within the past four years prior to filing this lawsuit that GE DOE

discovered the causal connection between his sexual abuse and his emotional and psychological
injuries.
WHEREFORE, Plaintiff, GE DOE, demands judgment against Defendant, BOY
SCOUTS OF AMERICA, INC., a Congressionally chartered Corporation authorized to do
business in Florida, for compensatory damages, costs and such other and further relief as this
Court deems just and proper.
COUNT II
(Intentional Infliction of Emotional Distress
against South Florida Council Inc., Boy Scouts of America)
47.

Plaintiff repeats and re-alleges Paragraphs 1 through 39 above.

48.

SOUTH FLORIDA COUNCIL acted recklessly or intentionally in allowing

JEROLD MACKINNON and ROBERT GRUMET to maintain scoutmaster roles after SOUTH
FLORIDA COUNCIL knew of their sexual misconduct with minor boys, and demonstrated
behavior consistent with known pedophiles.
49.

SOUTH FLORIDA COUNCILs conduct was extreme in degree and outrageous

in character, in that it was substantially certain that placing known pedophiles and/or men with
known pedophile tendencies into leadership positions would in fact cause minor boys in the
BOY SCOUTS to be sexually assaulted by these scoutmasters.
50.

SOUTH FLORIDA COUNCILs affirmative conduct of allowing abusive

scoutmasters to lead and interact with minor children was a proximate cause of GE DOEs
sexual assaults.
51.

SOUTH FLORIDA COUNCILs conduct caused GE DOE to be assaulted and to

incur severe emotional distress.

52.

SOUTH FLORIDA COUNCILs acts were willful and resulted in sexual abuse,

severe mental abuse, harm and injury to GE DOE that caused his mental and emotional health to
be significantly impaired. SOUTH FLORIDA COUNCILs acts and conduct constitute abuse
of a child within the meaning of Florida Statute 39.01(2).
53.

It is only within the past four years prior to filing this lawsuit that GE DOE

discovered the connection between his sexual abuse and his emotional and psychological
injuries.
WHEREFORE, Plaintiff, GE DOE, demands judgment against Defendant, SOUTH
FLORIDA, INC., BOY SCOUTS OF AMERICA, a Florida Corporation, for compensatory
damages, costs and such other and further relief as this Court deems just and proper. Plaintiff
intends to move to amend the Complaint in accordance with Florida Statutes to assert a claim for
punitive damages.

10

DEMAND FOR JURY TRIAL

Plaintiff, GE DOE, hereby demands a trial by jury on all issues so triable.
CERTIFICATE RE: E-FILING AND E-SERVICE
I HEREBY CERTIFY that this Complaint was filed electronically in compliance with
Florida Rules of Judicial Administration 2.515 and 2.516(e).
I FURTHER CERTIFY for purposes of service of any documents after initial process that
staff.efile@pathtojustice.com is primary.

Dated: September 9, 2014

FARMER, JAFFE, WEISSING,

EDWARDS, FISTOS & LEHRMAN, P.L.
Attorneys for Plaintiff
425 North Andrews Avenue, Suite 2
FORT LAUDERDALE, FL 33301
(954)524-2820 TELEPHONE
(954)524-2822 Fax
BY:

11

/s/ Adam D. Horowitz

ADAM D. HOROWITZ
Florida Bar No.: 376980