STATE OF INDIANA I SS: COUNTY OF MONROE IN THE MONROE OffliRTl I 'l It Ill) I 2M 2015 TERM -- Plainufl, v. JOHN P. ENOCHS, DELTA TAU DELTA - BETA ALPHA CHAPTER, DELTA TAU DELTA, EETA ALPHA SHELTER OF DELTA TAU DELTA FRATERNITY, INC., DELTA TAU DELTA NATIONAL HOUSING CORPORATION, CHAD CASEY, and PATRICK GILLESPIE, Delendants. CAUSE NO. 53 4509-01 COMPLAINT Plalnlifl, -- by counsel. for her Complalnt agaInst the Defendants, John Enochs, Delta Tau Delta - Beta Alpha Chapter, Delta Tau Delta, Beta Alpha Shelter of Della Tau Delta Fraternity, lnc,, Delta Tau Dena National Housing Corporation, Chad Casey and Patrick GIllesple, slates and alleges as follows: General Allegations l, -- is a resIdent of Vanderburgh County, I Indiana. 2, Delendarlt, John P, Enochs ("Enochs") ls a resldent of and is domiciled ln DuPage County, Illinois 3. Defendant, Delta Tau Della - Beta Alpha Chapter ("Local Fraternity") is the chapter of Delta Tau Delta fraternity located In Monroe County, lndlana Its members are students oflndiana Unlversity, located In Bloomington, Indiana. Upon lnlormation and beliel. the Local is an unlncorporated association 4, Delendant, Delta Tau Delta ("National Is a non-prollt forelgn corporation organized under the laws oi the State ol New York. The Local acts under the direction oi the Nationai Fraternity and is an agent oi the National Fraternity, 5. Defendant, Beta Alpha Shelter of Delta Tau Delta Fraternity, Inc ("Local Housing Corporation") is a corporation existing under the laws of the State of Indiana The Local Housing Corporation Is the owner at the Delta Tau Delta fraternity house In Bloomington, Indiana, 6 Defendant, Delta Tau Delta National Housing Corporation ("National Housing Corporation") is a non--profit corporation organized under the laws ol the State of Indiana. Upon inlormation and beliel, the Local Housing Corporation acts under the direction at the National Housing Corporation 7. Defendant, Chad Casey ("Casey") is a resident of and IS domicried in Monroe County, Indiana Casey sewed as a chapter advisor to the Local Fraternity In October 0' 2073 and was responsible for providing leadership to and oversight of the Local Fraternity and its members 8. Defendant, Patrick Gillespie ("Gillespie") is a resident of and is domiciled in either Dupage or Cook County, Illinois. Gillespie was the President of the Local Fraternity in October of 2013 and was responsible for providing leadership to and oversight ot the Local Fraternity and Its members 9. In October of 2013, -vas enrolled as a sophomore at Indiana University and was a member of Delta Zeta sorority The Delta Zeta sorority house is located next door to i the Local Fraternity's house on North Jordan Avenue in Bloomington, Indiana, 10. On Saturday, October 12, 2013, and Enochs had arranged to attend an offlcampus party sponsored by Delta Zeta sorority, known as a Barn Dance Attendees to Earn Dance were required to travel to and Irom the party by busses, which were scheduled to leave Delta Zeta at approximately 7.00 (EST), 11 In addition other members of Delta Zeta sorority ("Other Sorority 2 Members") had dates who were members of the Local Fraternity 12. --and the Other Sorority Members had agreed to "preyparty," i socialize and consume alcoholic beverages prior to the Barn Dance, at the Local Fralemity's house at the invitation of the members of the Local Fraternity, is At approximately 5 00 pvm.,_ and the Other Sorority Members walked next door to the Local Fraternity's house _ahd the Other Sorority Members brought alcohol to Consume their Fraternity Dales 14. Upon arrival at the Loeai Fraternity house' _and the Other Sorority Members arid their Fraternity Dales began consuming alcohol tram cups in the party room oi the Local Fraternity 15 Ehochs dict not socialize with "r the Other Sorority Members and thelr dates during the "pre-pany." 16 Enochs sat off to the side of the party room in the immediate vicinity at where the alcohol and cups were located as-i socialized with the Other Sorority Members and their dates, 17 Ehochs spiked the alcohol consumed With an unknown drug Intended to incapacitate _without her knowledge. 18 At approximately 6:00 pm Enochs,-- and the Other Sorority Members and their dates left the Local Fraternity's house and returned to the Delta Zeta sorority house to assemble (or the departure of busses to the Barn Dance 19 _does rial recall leaving the Local Fraterrilty's house and to the Delta Zeta sorority house 20. At the Delta Zeta sorority house' the Other Sorority Members and their dates congregated outside. 21 At some point alter they arrived at the Delta Zeta sorority house, Enoch: led 3 _nto her room. -does not recall gomg to or being in her room with Enochs. 22 Enochs then engaged in non-consensual sexual intercourse with -- 23 One or more members of Delta Zeta sorority observed Enochs having non-consensual sexual intercourse With --tnrough a When Enochs realized he had been seen having non--consensual sexual Intercourse with _1e closed the Window shades. 24, _did not consent to the sexual Intercourse with was unaware the sexual intercourse was occurring' and was so incapacitated she could not have consented to have sexual Intercourse with Enocns 25 Just before 7.00 pm. (EST). Enoohs sent - text message stating "l need to lind my boxers This is so uneomtonahie Enochs was observed in -s room well alter 7:00 m. (EST) by a sorority member. 25' At approximately 10 15 pm. (EST) _5 roommate returned to the Delta Zeia sorority house from the Barn Dance and woke up. _did not recall any events that had transpired after Stratman was at the Local Frateinlty' including SpeCl'lCallyy the non-consensual sexual intercourse With Enochs 27' At approximately 10 25 pm (EST) after looking at her cell phone and seeing Enochs' text message about his boxer shorts _exted Enochs and asked "John what the luck happened. My roommate just woke me up and the last thing i remember is being at delts drinking" 28 Enochs replied via text message "Damn idk (sic), Vou like blacked out we didn't even go to the barn dance once yoi (sic) passed out I came back to delts 29. Enochs knew or should have known that" was so incapacitated she was unable to conseni to sexual intercourse when he engaged sexual iniereourse with her, 30 The members of the Local Fraternity have a history or committing sexual battery and rape against women. 31 The National Fraternity, Local Housing Corporation, National Housing Corporation, Casey, and Gillespie were each aware of the history of sexual battery and rape against women by members of Local Fraternity 32. The National Fraternity. Local Housing Corporation, National Housing Corporation, Casey, and Gillespie were each aware of specific instances of sexual battery and rape committed against women by members or the Local Fraternity. COUNT RAPE 33 Plaintiff revalleges and incorporates herein by reference the preceding allegations in Paragraphs 1 through 32 above 34. Enochs and intentionally had sexual intercourse With-when Stratman was unaware that the sexual intercourse was occurring and-was so mentally disabled that _could not give consent to having sexual intercourse with Enochs, in violation of LC. 5357427471, 35, Enochs' actions constitute rape against_. 36 Enochs' commission of rape against-was facilitated by Enochs "with a drug (as defined in ic and/or a controlled substance (as defined in LC. Without knowledge. 37. As a direct and proximate result of Enochs' actionsmuffered injuries, damages, and losses, including but not limited to medical expenses, physical injury, pain, and suffering; past and future emotional and mental distress, including but not limited to loss of sleep, recurring nightmares, anxiety, fear of repeat sexual violence, and an unfounded sense of shame and guilt, and past and future diminution in quality of life 38 Pursuant to c. ?34-51-3--1 et seq. - is entitled to an award of punitive damages against Enochs WHEREFORE, Plaintiff demands judgment against Defendant, John Enochs, for money damages in an amount sufficient to compensate for Plaintiffs injuries. damages, and losses, punitive damages pursuant to I C. ?34-5173vi e1 seq, costs of this action, and all other relief as the Court may deem just and proper, 39, Plaintiff re-alleges and incorporates herein by reference the preceding allegations in Paragraphs 1 through 36 above. 40, Enochs, intent to arise or satisfy his own sexual desires, touched--s genitals, pubic area, buttocks, and/or breasts when -was unaware that the touching was occurring, in violation ufl ?35~4274-8. 4i, Enochs' actions constitute sexual battery against- 42. Enochs' commission of sexual battery against .33 facilitated by Enochs furnishing _WIth a drug (as defined In and/or a controlled substance (as defined in ic, $543479) without - knowledge, 43 As a direct and proximate result of Enochs' actions--suffered Injuries, damages, and losses, including but not limited to medical expenses, physucal injury, pain, and suffering; past and future emotional and mental distress, including but not limited to loss of sleep, recurring nightmares, anxiety. fear of repeat sexual violence, and an unfounded sense of shame and guilt, and past and future diminution 'in quality of life. 44. Pursuant to LC. ?34>>51-3-t eiseq -- is entitled to an award of punitive damages against Enochs, WHEREFORE, Plaintiff demandsjudgment against Defendant, John P, Enochs, for money damages in an amount sufficient to compensate Plaintiff for Plaintiff's Injuries. damages, and losses, punitive damages pursuant to LC. ?34-51-3--1 et.seq., costs of this action. and ail other relief as the Court may deem just and proper, COUNT - CONFINEMENT 45. Plaintiff re-aileges and incorporates herein by reference the preceding allegations in Paragraphs 1 through 44 above 46 Enochs knoWingly confined--at the Delta Zeta sorority house Without consent in violation of I A7 Enochs intentionally confined -Without - consent in violation of IC ?357427373 48 Enochs' actions constitute confinement against-- 49, As a direct and proximate result of Enochs' actions-uttered Injuries, damages, and losses, Including but not limited to medical expenses, physical injury. pain. and suffering: past and future emotional and mental distress, including but not limited to loss of sleep, recurring nightmares, anxiety. fear of repeat sexual violence, and an unfounded sense of shame and guilt, and past and future diminution in quality of life, 50 Pursuant to i $472434 et seq "is entitled to an award of treble damages against Enuchs. WHEREFORE, Plaintiff demands judgment against Defendant, John P. Enochs, for money damages in an amount sufficient to compensate Plaintiff for Plaintiff's injuries, damages, and losses, treble damages pursuant to ?34-24-3-i et seq, reasonable attorney fees, costs of this action, and all other relief as the Court may deem just and proper COUNT IV INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 51 Plaintiff re--alleges and incorporates herein by reference the preceding allegations in Paragraphs 1 through 50 above 52, In raping. sexually battering, and confining_ Enochs intentionally caused or acted With a reckless disregard of causing -to suffer severe emotional distress 53 Enochs' conduct and actions were extreme and outrageous and caused and causes suffer severe mental anguish and mental and physical suffering, including but not limited to loss of sleep. recurring nightmares. anxiety, fear of repeat sexual violence. and an unfounded sense of shame and guilt 54 As a direct and proximate result of Enochs' actions_ has suffered and will continue to suffer Injuries, damages, and losses, including but not limited to past and future emotional distress, pain and suffering. and past and future diminution of quality of life WHEREFORE. Plaintiff demands judgment against Defendant, John P. Enochs, for money damages in an amount sufficient to compensate Plaintiff for Plaintiff's injuries, damages, and losses, costs of this action, and all other relief as the Court may deem just and proper. COUNT - NEGLIGENCE 55. Plaintiff reaalleges and incorporates herein by reference the preceding allegations in Paragraphs 1 through 54 above, 56 The Local Fraternity, National Fraternity, Local Housing Corporation, National Housing Corporation. Casey, and Gillespie each had a duty to protect _from criminal acts, Le. rape. sexual battery, and confinement, by members of the Local Fraternity, including specifically, Enochs. 57 The Local Fraternity, National Fraternity, Local Housing Corporation, National Housing Corporation, Casey, and Gillespie each breached their duty to protect -frorn the criminal acts. i.e. rape, sexual battery. and confinement, by members of the Local Fraternity. including specifically, Enochs, 58 As a direct and proximate result of the negligent acts and omissions ofthe Local Fraternity. National Fraternity, Local Housmg Corporation, National Housing Corporation, Casey. and Gillespie-uffered injuries, damages. and losses, including but not limited to medical expenses, physical injury, pall'l. and suffering; past and future emotional and mental distress. including but not limited to loss of sleep, recurring nightmares, anxiety. fear of repeat sexual violence, and an unfounded sense of shame and guilt, and past and future diminution in quality of life. WHEREFORE, the Plaintiff demands judgment against Defendants, Delta Tau Delta Beta Alpha Chapter, Delta Tau Delta National Fraternity, Beta Alpha Shelter Delta Tau Delta Fraternity, Delta Tau Delta National Housing Corporation, Cad Casey and Patrick Gillespie, jointly and severally, for money damages in an amount sufficient to compensate Plaintiff for Plaintiff?s injuries, damages, and losses, costs of this action, and all other relief as the Court may deem just and proper. PLAINTIFF RESPECTFULLY REQUESTS TRIAL BY JURY Respectfully submitted, BIESECKER DUTKANYCH MACER, LLC By: /g B. Michael Macer (#20241-82) 411 Main Street Evansville, 47708 Telephone: (812) 424?1000 Facsimile: (812)424?1005 Attorneys for the Plaintiff CERTIFICATE OF SERVICE AND COMPLIANCE WITH TRIAL RULE I hereby certify that the._.fore_go.in.g or attached court record or document complies with the requirements of Trial Rule with regard to information excluded from the public record under Administrative Rule I further certify that a copy of the foregoing or attached court record or document was served by depositing same in the US. Mail, postage prepaid, upon the Defendants named herein, on or before the filing date. B. Michael Macer