UH: 18 2003 I COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss. SUPERIOR COURT CIVLL ACTION NO. 0?3. 46f; MICHAELA JOHNSTON, and KYM and RICHARD JOHNSTON Plaintiffs, V. r? FREDERIC L. CHAMBERLAIN CENTER, INC, WILLIAM J. DOHERTY, SARAH NORFLEET, LINDA L. NICHOLS, RICHARD FARGAULT, JOHN MENDANCA, JASON CARREIRO, and DOES I-X, . I DEC II: 2093: - i Kim? 4 1 Defendants. COMPLAINT AND DEMAND FOR JURY TRIAL PARTIES 1. The plaintiff, Michaela Johnston, resides in Londonderry, New Hampshire. At all times relevant tO the Complaint, Michaela was a resident student at the Frederic L. Chamberlain School in Middleboro, Massachusetts. 2. The plaintiffs, and Richard Johnston, Michaela?s parents, reside in Londonderry, New Hampshire. 3. The defendant, Frederic L. Chamberlain Center, Inc. (?Chamberlain?), is a non? profit corporation duly organized under the laws of the Commonwealth of Massachusetts, doing business as the F.L. Chamberlain School, with a principal place of business in Middleboro, Plymouth County, Commonwealth of Massachusetts. Chamberlain had physical custody and control of Michaela Johnston at all times relevant to this Complaint. Prim 63? Mb 755-: 63 4. The defendant, William J. Doherty, was the Executive Director of Chamberlain at all times relevant to this Complaint. 5. The defendant, Sarah Nor?eet, was the Program Director of Chamberlain at all times relevant to this Complaint. 6. The defendant, Linda Nichols, was the Residential Director of Chamberlain at all times relevant to this Complaint. 7. The defendant, Richard Fargault, was the Clinical Director of Chamberlain at all times relevant to this Complaint. 8. The defendant, John Mendanca, was a Residential Director and then the Regional Manager of Chamberlain at all times relevant to this Complaint. 9. The defendant, Jason R. Carreiro, was a house parent at Prospect House from February 1999 until approximately March 2000. 10. Defendants Does I-X were staff members and house parents at Chamberlain during the time period Michaela Johnston was a resident student at Chamberlain. 11. On or about September 14, 1998, Michaela Johnston, who was then sixteen years old, was placed at the Chamberlain School. 12. From September 14, 1998 until approximately April 2000, Michaela Johnston was under the care and protection of Chamberlain and its employees, including defendants Doherty, Nor?eet, Nichols, Fargault, Mendanca, Carreiro and DOES I-X. 13. During all or a portion of the period pertinent to this Complaint, the individual defendants were employed by defendant Chamberlain. 14. On information and belief, the corporate defendant, Chamberlain, is and was an agent of the Commonwealth of Massachusetts, providing services and treatment to at-risk children pursuant to an agreement and funding for the care and protection of adolescents, including the plaintiff, Michaela Johnston. 15. During all or a portion of the period pertinent to this Complaint, one or more of the individual defendants Doherty, Nor?eet, Nichols, Fargault and Mendanca had ?nal authority to formulate policy in their areas of responsibility. 16. At all times relevant to the Complaint, Chamberlain agreed to provide a ?safe and therapeutic? environment for Michaela ohnston. 17. All of the defendants owed a duty to properly supervise, care for, and treat Michaela Johnston, and to provide her with a safe and therapeutic environment. 18. The defendants violated this duty by: a. Allowing defendant Jason Carreiro, a Chamberlain House Parent with direct supervisory authority over Michael Johnston, to sexually assault and harass her. As a result of this misconduct, a Massachusetts jury found Jason Carreiro guilty of indecent assault and battery on February 5, 2001. He was sentenced to 21/2 years in prison with all but one year suspended. b. Allowing defendants DOES to physically and verbally assault Michaela Johnston; c. Failing to properly protect Michaela Johnston from the physical and verbal assaults of other residents at Chamberlain; d. Failing to institute policies and procedures that would have prevented the physical, sexual and verbal assaults suffered by Michaela Johnston during her stay at Chamberlain. COUNT 1 (Negligence against all Defendants) 19. The plaintiffs re-allege paragraphs 1through 18 above, and incorporate them herein by reference. 20. The defendants owed a duty to properly supervise, care for and treat Michaela Johnston, and to provide her with a safe and therapeutic environment. 2 l. Defendants Carreiro and Does breached this duty by their wrongful conduct in physically, sexually and/or verbally abusing Michaela Johnston, and/or by failing to correct such conduct and/or removing themselves from a position of responsibility for the care of at-risk juveniles. 22. Defendants Doherty, Nor?eet, Nichols, Fargault and Mendanca breached this duty by a. Rehiring Carreiro in February 1999, when a review of his Criminal Offender Record Information would have disclosed information making him un?t to be a house parent at Chamberlain. b. Failing to adopt policies and procedures (such as behavioral training) that would have prevented the sexual, verbal and physical assaults on Michaela Johnston; c. Failing to create and foster an environment wherein students like Michaela Johnston could report staff misconduct without fear of reprisals from both staff and students; and d. Failing to conduct unbiased investigations of staff misconduct when such misconduct ?rst comes to light, to prevent continuation of such abuse. 23. As a result of these breaches, Michaela Johnston has suffered signi?cant physical and emotional damages. mm (Negligent In?iction of Emotional Distress against all Defendants] 24. The plaintiffs re?allege paragraphs 1 through 23 above, and incorporate them herein by reference. 25. The defendants owed Michaela Johnston a duty of reasonable care. 26. The defendants, by their wrongful conduct as set forth above, breached their duty of reasonable care. 27. As a result of the defendants? conduct, Michaela Johnston has suffered, and continues to suffer, severe emotional distress and physical injuries, as more fully alleged herein. COUNT (Violation of Massachusetts Civil Rights Act Against all Defendants) 28. The plaintiffs re?allege paragraphs 1 through 27 above and incorporate them herein by reference. 29. The defendants, in violation of the Massachusetts Civil Rights Act, Mass. Gen. L. c. 12 11(1), interfered or attempted to interfere by threats, intimidation and/or coercion with Michaela Johnston?s exercise and enjoyment of rights secured under the Constitution and laws of the Commonwealth of Massachusetts and the United States. 30. As a direct and proximate result of such deprivation, Michaela Johnston has suffered serious physical and emotional injury. 37. The defendants, with knowledge of the wrongful treatment of Michaela Johnston, remained deliberately indifferent to that wrongful conduct. 38. The defendants? failure to supervise Jason Carreiro and Does I-X, and defendants? failure to prevent or stop their unlawful and wrongful conduct, caused Michaela Johnston to suffer physical and emotional injury. 39. The defendants consciously and deliberately failed to take remedial steps to adequately train their employees, including Jason Carreiro and Does I-X. 40. The defendants? failure to adequately train and supervise their employees in proper procedures caused Michaela Johnston to suffer repeated physical and emotional harm. 41. The defendants had a custom or policy of encouraging and tolerating unlawful and wrongful conduct of the type to which Michaela Johnston was subjected. 42. As a consequence of such custom or policy, Michaela Johnston has been deprived by the defendants, under color of law, of the rights, privileges and immunities secured by the Constitution and laws of the United States, including the right to be free from intrusions into her bodily integrity. 43. As a direct and proximate result of such deprivation, Michaela Johnston suffered physical injuries, indignities, and humiliation, severe emotional distress, mental anguish, and invasion of bodily integrity. COUNT VI (Assault and Battery Against Carreiro and Does 1-10 44. The plaintiffs re-allege paragraphs 1 through 43 above and incorporate them herein by reference. THE PLAINTIFFS DEMAND A JURY TRIAL AS TO ALL ISSUES. DATED: December 17, 2003 Respectfully submitted, MICHAELA JOHNSTON, and KYM and RICHARD JOHNSTON, By their attorneys . 7 ma?a) we, Sally A. nderWeele, 541950 Sherry L. uschionj, 643393 Weisman Associates, a Professional Corporation 114 State Street Boston, MA 02109 (617) 720-2727 or COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss. SUPERIOR COURT CIVIL ACTION NO. 03-1495 MICHAELA JOHNSTON, and KYM and RICHARD JOHNSTON, Plaintiffs ?Emit? GU 91" MASFREDERIC L. CHAMBERLAIN - CENTER, INC., I I SARAH NORFLEET, LINDA L. Wat NICHOLS, RICHARD FARGAULT, JOHN MENDANCA, JASON CARREIRO and DOES I-X, ., a Defendants STIPULATION OF DISMISSAL All parties to the above-entitled action, pursuant to the provisions of Mass. R. Civ. P. hereby stipulate that said action against the defendant, be dismissed with prejudice and Without costs. All rights of appeal are waived. The Plaintiffs, By their attorneys, Weisman &Associates Sally A. anderWeele, Esq. Richard E. dy, Esq. BBQ . 341950 BBO 8260 Weisman 8: Associates One Exeter Plaza 114 State Street Boston, MA 02116 Boston, MA 02109 (617) 880-7100 (617) 720-2727 Dated: 13? i CRTR2709-CR MASSACHUSETTS WAREHAM DC POSTING Docket Report 01600R000408 Commonwealth vs. Carreiro, Jason CASE TYPE: Criminal FILE DATE: 02/13/2001 ACTION CODE: CASE TRACK: DESCRIPTION: ON PERSON 14 OR OVER 0265 CASE DISPOSITION DATE 02/16/2001 CASE STATUS: Disposed Statistical Purposes CASE DISPOSITION: STATUS DATE 02/16/2001 CASE JUDGE: CASE SESSION: LINKED CASE DCM TRACK Tickler Description Due Date Completion Date PARTIES Defendant Appointed - Indigent Defendant 514885 Carreiro, Jason Walsh, Patrick Timothy 16 Shirley St Massachusetts Bar NEW BEDFORD, MA 02740 26 Seventh St New Bedford, MA 02740 Work Phone (508) 999-6414 Added Date: Complainant Batista, Deborah PARTY CHARGES Offense Date] Code Town Disposition Disposition Charge Date 1 06/01/1999 Middleborough ON PERSON 14 OR OVER 0265 Not Guilty 02/16/2001 2 06/01/1999 Middleborough INDECENT ON PERSON 14 OR OVER 0265 Not Guilty 02/16/2001 3 06/01/1999 Middleborough INDECENT ON PERSON 14 OR OVER 0265 Guilty 02/16/2001 Printed: 04/07/2016 1:09 pm Case No: 01600R000408 Page: 1 CRTR2709-CR MASSACHUSETTS WARE HAM DC POSTING Docket Report EVENTS Date Session Event Result Resulting Judge 02/15/2001 Legacy Arraignment Arraignment Held Minehan Session 11/19/2002 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 01/15/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 02/21/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 03/21/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 06/20/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 07/18/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 07/23/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 08/26/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 09/03/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan 5,9,59l90 ., 02/11/2006 Legacy Conversion Probation Until Unknown Conversion Minehan Session 02/14/2006 Legacy Conversion Case Closed Unknown Conversion Minehan Session 08/07/2013 Arraignment Session Motiionil-learingiCR) Held Wright 08/21/2013 Arraignment Session Motion Hearing (CR) Held Wright 09/26/2013 Arraignment Session Motion Hearing Brought Forward Manchester 10/02/2013 ArraignmentSession Motion Hearing/CR) Held Manchester 10/23/2013 Arraignment Session Motion Hearing (CR) Held Manchester FINANCIAL DETAILS 0.00 0.00 0.00 0.00 No Financial Data for this report Deposit Account(s) Summary Received Applied Checks Paid Balance Total Printed: 04/07/2016 1:09 pm Case No: 016OCR000408 Page: 2 CRTR2709-CR MASSACHUSETTS WAREHAM DC POSTING Docket Report INFORMATIONAL DOCKET ENTRIES Date Ref Description Judge 02/13/2001 Complaint file. Converted Case from WMS Printed: 04/07/2016 1:09 pm Case No: 01600R000408 Page: 3 MASSACHUSETTS WAREHAM DC POSTING Docket Report 0060CR001089 Commonwealth vs. Carreiro, Jason CASE TYPE: Criminal FILE DATE: 05/11/2000 ACTION CODE: CASE TRACK: DESCRIPTION: INDECENT A88 ON PERSON 14 OR OVER 0265 CASE DISPOSITION DATE 02/16/2001 CASE STATUS: Disposed Statistical Purposes CASE DISPOSITION: STATUS DATE: 02/16/2001 CASE JUDGE: CASE SESSION: LINKED CASE DCM TRACK Tickler Description Due Date Completion Date PARTIES Defendant Appointed - Indigent Defendant 514885 Carreiro, Jason Walsh, Patrick Timothy 16 Shirley St Massachusetts Bar NEW BEDFORD, MA 02740 26 Seventh St New Bedford, MA 02740 Work Phone (508) 999-6414 Added Date: PARTY CHARGES Offense Date/ COde Town Disposition Disposition Charge Date 1 12/31/1999 Middleborough INDECENT ON PERSON 14 OR OVER 0265 Not Guilty 02/16/2001 2 12/31/1999 Middleborough ON PERSON 14 OR OVER c265 . Not Guilty 02/16/2001 3 12/31/1999 Middleborough INDECENT ON PERSON 14 OR OVER 0265 Guilty 02/16/2001 Printed: 04/07/2016 1:10 pm Page: Case No: 0060CR001089 MASSACHUSETTS WAREHAM DC POSTING Docket Report EVENTS Date Session Event Result Resulting Judge 06/06/2000 Legacy Arraignment Arraignment Held Minehan Session 07/19/2000 Legacy Conversion Pretrial Hearing Unknown Conversion Minehan Session 08/16/2000 Legacy Conversion Pretrial Hearing Unknown Conversion Minehan Session 09/08/2000 Legacy Conversion Motion Hearing (CR) Unknown Conversion Minehan Session 10/10/2000 Legacy Conversion Motion Hearing (CR) Unknown Conversion Minehan Session 10/16/2000 Legacy Conversion Pretrial Hearing Unknown Conversion Minehan Session 10/26/2000 Legacy Conversion Pretrial Hearing Unknown Conversion Minehan Session 02/15/2001 Legacy Conversion Jury Trial (CR) Unknown Conversion Minehan Session 11/19/2002 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 01/15/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 02/21/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 03/21/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 06/20/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 07/18/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 07/23/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 08/05/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 08/26/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 09/03/2003 Legacy Conversion Probation Violation Hearing Unknown Conversion Minehan Session 02/11/2006 Legacy Conversion Probation Until Unknown Conversion Minehan Session 02/14/2006 Legacy Conversion Case Closed Unknown Conversion Minehan Session 08/21/2013 Arraignment Session Motion Hearing (CR) Held Wright Printed: 04/07/2016 1:10 pm Case No: 0060CR001089 Page: 2 CRTR2709-CR MASSACHUSETTS WAREHAM DC POSTING Docket Report 09/26/2013 Arraignment Session? Motion Hearing (CR) Held Manchester 10/02/2013 Arraignment Session Motion Hearing (CR) Held Wright 10/23/2013 Arraignment Session Motion Hearing (CR) Held Julian FINANCIAL DETAILS 0.00 0.00 0.00 0.00 No Financial Data for this report Deposit Account(s) Summary Received Applied Checks Paid Balance Total INFORMATIONAL DOCKET ENTRIES Date Ref Description Judge 05/11/2000 Complaint file. Converted Case from WMS Printed: 04/07/2016 1:10 pm Case No: 0060CR001089 Page: 3 CRTR2709-CR MASSACHUSETTS WAREHAM DC POSTING Docket Report 0060CR001088 Commonwealth vs. Carreiro, Jason CASE TYPE: Criminal FILE DATE: 05/11/2000 ACTION CODE: CASE TRACK: DESCRIPTION: ON CHILD UNDER 14 c265 CASE DISPOSITION DATE 02/15/2001 CASE STATUS: Disposed - Statistical Purposes CASE DISPOSITION: STATUS DATE 02/15/2001 CASE JUDGE: CASE SESSION: LINKED CASE DCM TRACK Tickler Description Due Date Completion Date PARTIES Defendant Appointed - Indigent Defendant 514885 Carreiro, Jason Walsh, Patrick Timothy 16 Shirley St Massachusetts Bar NEW BEDFORD, MA 02740 26 Seventh St New Bedford, MA 02740 Work Phone (508) 999-6414 Added Date: PARTY CHARGES Offense Date/ COde Town Disposition Disposition Charge Date 1 06/01/1999 265l138/A?2 Middleborough ON CHILD UNDER 14 c265 Nolle Prosequi 02/15/2001 2 06/01/1999 Middleborough INDECENT ON CHILD UNDER 14 c265 Nolle Prosequi 02/15/2001 3 06/01/1999 Middleborough INDECENT ON CHILD UNDER 14 c265 Nolle Prosequi 02/15/2001 Printed: 04/07/2016 1:11 pm Case No: 00600R001088 Page: 1 MASSACHUSETTS WAREHAM DC POSTING Docket Report EVENTS Date Session Event Result Resulting Judge 06/06/2000 Legacy Arraignment Arraignment Held Minehan Session 07/19/2000 Legacy Conversion Pretrial Hearing Unknown Conversion Minehan Session 08/16/2000 Legacy Conversion Pretrial Hearing Unknown Conversion Minehan Session .. 09/08/2000 Legacy Conversion Motion Hearing (CR) Unknown Conversion Minehan Session I 10/10/2000 Legacy Conversion Motion Hearing (CR) Unknown Conversion Minehan Session . 10/16/2000 Legacy Conversion Pretrial Hearing Unknown Conversion Minehan Session . . 10/26/2000 Legacy Conversion Pretrial Hearing Unknown Conversion Minehan Session . 01/16/2001 Legacy Conversion Jury Trial (CR) Unknown Conversion Minehan Session 02/15/2001 Legacy Conversion Case Closed Unknown Conversion Minehan Session 02/15/2001 Legacy Conversion Jury Trial (CR) Unknown Conversion Minehan Session 08/21/2013 Arraignment Session Motion Hearing (CR) Held Wright 10/02/2013 Arraignment Session Motion Hearing (CR) Held Curtin 10/23/2013 Arraignment Session Motion Hearing (CR) Held Julian FINANCIAL DETAILS 0.00 0.00 0.00 0.00 No Financial Data for this report Deposit Account(s) Summary Received Applied Checks Paid Balance Total INFORMATIONAL DOCKET ENTRIES Date Ref Description Judge 05/11/2000 Complaint file. Converted Case from WMS Printed: 04/07/2016 1:11 pm Case No: 00600R001088 Page: 2