FILED 17JUN 16AM 10:30 KING COUNTY SUPERIOR COURT CLE E-FILED CASE NUMBER: 16-2-15636 SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY D.W., Plaintiff, V. CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE, a sole corporation; CONGREGATION OF CHRISTIAN BROTHERS-NORTH AMERICAN PROVINCE a/k/a WESTERN CHRISTIAN BROTHERS INSTITUTE, a New York corporation; and, THE CHRISTIAN BROTHERS OF IRELAND, INC., an Illinois corporation; FRANKLIN PIERCE SCHOOL FRANKLIN PIERCE SCHOOL DISTRICT NO. 402; and, PARKLAND ELEMENTARY Defendants. NO. 16-2-15636-3 SEA FIRST AMENDED COIVIPLAINT FOR DAMAGES Plaintiff D.W., by and through his attorneys, MICHAEL T. PFAU and JASON P. AMALA of PFAU COCHRAN VERTETIS AMALA PLLC, hereby states and alleges as follows: FIRST AMENDED COMPLAINT FOR DAMAGES - 1 of 37 COCHRAN 1? VERTETIQW 403 Columbia Street, Suite 500 ea 6, 8104 Phone: (206) 4624334 Facsimile: (206) 623-3624 3 SEA INTRODUCTION 1.1. Plaintiff D.W. was sexually abused while he was a student at Parkland Elementary School (?Parkland? or ?Parkland Elementary?) in Pierce County, Washington. 1.2. D.W. was sexually abused by Edward Courtney (?Courtney?), who was a teacher, administrator, and/or coach for Parkland Elementary at the time he sexually abused D.W. 1.3. At all relevant times, Parkland Elementary was owned, operated, and/or controlled by Franklin Pierce School District, including the teachers, administrators, and coaches who worked and/or volunteered at the school. 1.4. Prior to when D.W. was sexually abused by Courtney at Parkland Elementary, defendant Corporation of the Catholic Archbishop of Seattle (?Seattle Archdiocese?) and defendants Congregation of Christian Brothers North American Province, also known as the Western Province, the Christian Brothers Institute, a New York corporation, and The Christian Brothers of Ireland, Inc., an Illinois corporation (hereinafter collectively referred to as the ?Christian Brothers?) knew that Courtney posed a danger to students and yet did nothing to prevent him from teaching and gaining access to students. 1.5. The Christian Brothers are a worldwide Catholic teaching order that provides teachers and administrators for primarily Catholic schools, including O?Dea High School. Courtney was a member of the Christian Brothers at the time he sexually abused D.W. 1.6. In 1974, the Christian Brothers transferred Courtney to O?Dea, even though they knew he had previously molested students at other schools in Illinois and Michigan. Despite complaints that he was. molesting students at O?Dea, the Christian Brothers and the Seattle Archdiocese allowed him to remain at O?Dea until 1978. FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 2 of 37 A VEELEEQMIEA 403 Columbia Street. Suite 500 Seattle, WA 98104 Phom (m5) 452.4334 Facsimile: (206) 6234624 1.7. In 1979, after they removed him from O?Dea for molesting boys, the Archdiocese and the Christian Brothers allowed Courtney to become the principal of St. Alphonsus Parish School in Seattle, King County, Washington. During his tenure at St. Alphonsus, Courtney abused multiple students. 1.8. In 1980, the Archdiocese and the Christian Brothers recommended Courtney for a teaching position at Parkland Elementary School, where he abused Plaintiff D.W. and other students. 1.9. Despite having years of notice that Courtney suffered from problems that led to his uncontrollable, violent and destructive sexual abuse of children, the Seattle Archdiocese and the Christian Brothers kept giving Courtney access to children at O?Dea, St. Alphonsus, and Parkland Elementary, including, including D.W. 1.10. For example, despite knowing that Courtney had molested multiple students in Illinois and Michigan, and despite numerous complaints that Courtney was sexually molesting students at O?Dea, the Archdiocese and the Christian Brothers did nothing to prevent him from coming to O?Dea, did nothing to monitor his behavior at O?Dea, and did nothing to remove him from the school. 1.11. Moreover, despite knowledge of Courtney?s abuses in Illinois and Michigan, and despite knowledge of his abuses at O?Dea, the Archdiocese and the Christian Brothers did nothing to prevent him from teaching at more schools after he was removed from O?Dea; to the contrary, they wrote him glowing letters of recommendation and helped him obtain employment at more schools, including principal of St. Alphonsus Parish School and teacher at Parkland Elementary. FIRST AMENDED COMPLAINT FOR COCHRAN BMW 403 Columbia Street. Suite 500 Seattle, 8104 Phone: (206) 462-4334 Facsimile: (206) 623?3624 1.12. Neither the Seattle Archdiocese nor the Christian Brothers ever reported Courtney to the authorities, even though the Christian Brothers were legally obligated to do so under the laws of New York, Michigan, Illinois, California, and Washington, and the Archdiocese was legally obligated to do so under the 'laws of Washington. As a result, D.W. and a number of other boys were sexually abused by Courtney. II. PARTIES 2.1. Plaintiff D.W. resides in Pierce County, Washington. While he was a minor, D.W. attended Parkland Elementary in Pierce County, Washington, where he was sexually abused by Edward Courtney, a teacher, coach, and/or administrator at the school. In the interests of privacy, this complaint identi?es plaintiff D.W. only by his initials. 2.2. Between 1974 and 1982 defendant Seattle Archdiocese was a Washington sole corporation that owned, operated, managed and controlled various schools and parishes throughout Western Washington, including O?Dea High School, Our Lady of the Lake, and St. Alphonsus Parish School. At that time, as now, the Seattle Archdiocese?s headquarters and its principal place of business were located in Seattle, King County, Washington. 2.3. From 1961 to present, defendant Congregation of Christian Brothers of Ireland operated O?Dea and supervised the Christian Brothers who served there, including Edward Courtney, John McGraw, John Reilly, and Frank LaFazia. 2.4. From 1961 to present, defendant Congregation of Christian Brothers North American Province, also known as the ?Western Province,? operated O?Dea and supervised the Christian Brothers who served there, including Edward Courtney, John McGraw, John Reilly, and Frank LaFazia. FIRST AMENDED FOR aprAU DAMAGES - 4 of37 A 403 Columbia Street. Suite 500 Seattle, 8104 Phone: (2116) 452-4334 Facsimile: (206) 6234.524 2.5. From 1974 to 1982 defendant Christian Brothers Institute, a New York corporation, operated O?Dea and supervised the Christian Brothers who served there, including Edward Courtney, John McGraw, John Reilly, and Frank LaFazia. 2.6. From 1974 to 1982, defendant Christian Brothers Institute, a New York corporation, received compensation for the Christian Brothers who served at O?Dea, including Edward Courtney, John McGraw, John Reilly, and Frank LaFazia, and other schools in the United States. 2.7. From 1974 to 1982, defendant The Christian Brothers of Ireland, Inc., an Illinois corporation, operated O?Dea and supervised the Christian Brothers who served there, including Edward Courtney, John McGraw, John Reilly, and Frank LaFazia. 2.8. From 1974 to 1982, defendant The Christian Brothers of Ireland, Inc., an Illinois corporation, received compensation for the Christian Brothers who served at O?Dea, including Edward Courtney, John McGraw, John Reilly, and Frank LaFazia, and other schools in the United States. 2.9. Between 1980 and 1982, defendant Parkland Elementary transacted business in Pierce County, Washington, including the ownership, control, and operation of Parkland Elementary. 2.10. Between 1980 and 1982 defendants Franklin Pierce School District and Franklin Pierce School District No. 402 transacted business throughout Pierce County, Washington, including the ownership, control, and operation of Parkland Elementary. Defendants Franklin Pierce School District and Franklin Pierce School District No. 402 are collectively referred to as ?Franklin Pierce School District.? FIRST AMENDED COMPLAINT FOR COCHRAN A 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone: (205) 4524334 Facsimile: (205) 523-3624 2.11. During the time that D.W. attended Parkland Elementary, including during the time that D.W. was sexually abused by Courtney, defendants Parkland Elementary and Franklin Pierce School District were responsible for taking reasonable steps to protect D.W. and his fellow students at Parkland Elementary from foreseeable harm. 2.12. Defendants Parkland Elementary and Franklin Pierce School District were also responsible for taking reasonable steps to ensure that all individuals who worked at Parkland Elementary, including Edward Courtney, did not pose a threat of harm to the students at the school, including D.W., and did not use the tasks, premises, and instrumentalities entrusted to them to endanger students, including D.W. JURISDICTION VENUE 3.1. As discussed more fully herein, many of the acts and omissions giving rise to this action occurred in King County, Washington. Moreover, the principal place of business of defendant Seattle Archdiocese was, and is, Seattle, King County, Washington, and at the time this cause of action arose, the Seattle Archdiocese transacted business in Seattle, King County, Washington. Similarly, at the time this cause of action arose, the Christian Brothers defendants transacted business in Seattle, King County, Washington. 3.2. As such, this Court has jurisdiction over this matter pursuant to RCW 2.08.010, and venue is proper in this Court pursuant to RCW 4.12.020. 3.3. More than sixty days ago, Plaintiff D.W. properly presented a Standard Tort Claim Form to the appropriate agent of defendants Parkland Elementary and Franklin Pierce School District as required by state law. FIRST AMENDED COMPLAINT FOR COCHRAN A DAMAGES 6 of 37 1me WWIQA 403 Columbia Street, Suite 500 Seattle, WA 93104 Phone: (205) 451-4334 Facsimile: (205) 6232?3524 IV. STATEMENT OF FACTS A. The Christian Brothers and the Seattle Archdiocese Allowed Courtney to Serve at O?Dea Despite Knowing that He Was a Serial Sexual Predator Who Was Certain to Re-Offend 4.1. As a child, Edward Courtney attended Catholic schools owned by the Seattle Archdiocese and operated by the Christian Brothers, including the now-defunct Briscoe Memorial School. That education led him to become a Christian Brother in 1961. 4.2. When Courtney became a Christian Brother, he devoted all of his belongings to the Brothers and irrevocably agreed to ?render all my services of every kind to and for the said Congregation without compensation of any kind or character and no reward or remuneration shall ever be made to me for my labors which I may execute or shall have executed while a member of the said Congregation.? 4.3. After a brief stint with a Catholic elementary school, Courtney received a teaching assignment at an all-boys high school, Brother Rice High School, in Chicago, Illinois. 4.4. Courtney remained at Brother Rice until 1968, when he was transferred because, as described in his exclaustration and dispensation records, problems arose with his ?homosexuality.? ?Homosexuality? was the Christian Brothers? code word for Courtney?s history of molesting boys. 4.5. For the 1968-1969 school year, the Christian Brothers transferred Courtney to Brother Rice High School in Birmingham, Michigan. 4.6. Despite transferring him to this new school because he had molested students, the Christian Brothers promoted him to ?Dean of Students.? FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 7 of 37 - 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone: (206) 452-4334 Facsimile: (206) 623?3524 4.7. As Dean of Students, Courtney began molesting students. On June 14, 1969, the Christian Brothers? Provincial wrote to the principal of Brother Rice and noti?ed him that thought it would be best for Chris Courtney to be changed out of Brother Rice? because ?it is for the best of all concerned.? Courtney later testi?ed that this ?change? occurred because he had inappropriately touched a student at Brother Rice. 4.8. Upon Courtney?s transfer, the school principal, Brother D.P. Ryan, wrote that Courtney ?is still a bit confused. Let?s hope a change of atmosphere will help him mentally.? 4.9. To assist him with that confusion, the Christian Brothers sent Courtney to sexual deviancy treatment. Despite undergoing treatment, the Christian Brothers decided it was appropriate to let Courtney begin teaching at another school. This time, in the fall of 1969, they sent him back to Chicago to teach at Leo High School. 4.10. Courtney continued molesting boys at Leo, despite his on-going treatment for it. 4.11. In 1972, complaints about his abuse of boys reached critical mass and forced the Christian Brothers to make another transfer. In September of 1972, they transferred him to another school in the Chicago metropolitan area, St. Laurence High School. 4.12. After the transfer, the Christian Brothers learned that Courtney was molesting students at St. Laurence. Faced with complaints of more abuse at a fourth school, the Christian Brothers voted to keep Courtney ?out of school until he had seen a 4.13. By 1973, the Christian Brothers knew that Courtney was a serial sexual predator who could not be ?cured? or ?treated.? They knew he was a serial sexual predator because they had transferred him from because of his sexual abuse of students. And they knew he could not be ?cured? or ?treated? because they FIRST AMENDED COMPLAINT FOR COCHRAN A DAMAGES - 3 of 37 .- ?glmg?gnmy 403 Columbia Street, Suite 500 mile, WA 98104 Phone: (206) 4512-4334 Facsimile: (206) 623-3524 had paid for him to receive sexual deviancy treatment while he was at Brother Rice in Michigan, and St. Laurence in Illinois, but he kept abusing children. 4.14. Things came to a head for the Christian Brothers in January 1974, when Courtney was physically ejected from St. Laurence because he was sexually molesting students. His own religious community at the school had ?nally had enough. 4.15. As Courtney testi?ed in a deposition, he was given ?a day or two? to leave. The principal, Brother Manning, delivered the message: ?After breakfast, Brother Manning, who was the principal, called me in to talk, and he said there had been complaints and basically told me I was going to have to leave at that time.? Manning told Courtney to get a job and get married. 4.16. After being physically evicted by his community at St. Laurence, Brother Courtney ?lived on the outside and worked at a travel agency.? 4.17. Shortly thereafter, in March of 1974, the Christian Brothers barred Courtney from any contact with his prior three schools: ?Chris is to have no contact with Rice, Leo or Laurence in any way, shape or form.? This decision was made shortly after the Christian Brothers moved the headquarters of their Western Province to Vallejo, California. 4.18. The Christian Brothers were so aware of the serious threat posed by Courtney that they appointed him a dedicated liaison: ?His sole contact man is to be Bernie Rohan, who will keep us informed of developments. Bernie has agreed to talk with Chris? when he returns from vacation around April 12th.? 4.19. Less than a month later, the Christian Brothers determined Courtney?s fate for the 1974-75 school year. They considered making him a gardener at their Provincial Headquarters in Vallejo, California, or transferring him to be an administrator at O?Dea in FIRST AMENDED COMPLAINT FOR COCHRAN A DAMAGES - 9 of 37 - 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone: (205) 4524334 Famimjle: (205) 623?3524 45.Seattle. Despite his history of sexually abusing boys at four schools, and despite his history of abusing boys while in treatment, the Christian Brothers voted to transfer Courtney to O?Dea High School in Seattle, Washington. 4.20. At the same time the Christian Brothers considered transferring Courtney out West, to their headquarters in Vallejo or to O?Dea in Seattle, they were making administrative changes at O?Dea. 4.21. In May 1974, their Provincial appointed Brother John McGraw as the Principal of O?Dea High School, and appointed Brother John Reilly as the Superior of its community. Both were responsible for supervising Courtney. 4.22. Brother McGraw, the new Principal for O?Dea in 1974, expressed concern to the Provincial that he might not be able to keep Courtney ?busy enough? and wondered if Courtney would ?get up tight just looking for things to do,? but he did nothing to stop Courtney?s transfer to O?Dea. 4.23. Brother Reilly, the new Superior for the community of Christian Brothers at O?Dea in 1974, was more vocal. He told the Provincial that he believed Courtney should not be assigned to O?Dea. 4.24. Despite Reilly?s objection, and despite the fact that the Provincial had barred him from the three prior schools at which he had served because he had molested so many students, the Christian Brothers transferred Courtney to O?Dea, where he became a school administrator and member of the Archdiocesan faculty. 4.25. As Brother Courtney described it, the Christian Brothers, ?probably the Provincial,? informed him that O?Dea was his ?final trial.? He testi?ed that his ?friend,? FIRST AMENDED COMPLAINT FOR 9" PFAU A I A GES 10 0f37 - 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone: (266) 452.4334 Facsimile: (205) 623-3524 Brother McGraw, and Superior Brother Reilly were both aware of his ?past history,? but they agreed to this ??nal trial.? 4.26. In their Provincial meeting minutes regarding Courtney?s transfer to O?Dea, the Christian Brothers noted that Courtney would be performing ?suitable duties? at the school: ?Chris Courtney has been assigned to O?Dea to perform suitable duties in the house and school under the direction of John Reilly and Pat McGraw.? 4.27. Notably, the Christian Brother and Archdiocesan principal who was charged with enforcing these ?suitable duties,? Brother McGraw, testi?ed that the Provincial only told him of one prior ?incident? of Courtney and a student and he did not mention that it was sexual. In deposition testimony, McGraw agreed that he would have imposed ?totally? different duties and conditions if he had been aware of Courtney?s long history of sexually molesting boys, and he was ?surprised? to learn that the Provincial had known of Courtney?s abuses since the 19605. 4.28. McGraw had, however, met with Courtney?s therapist in Chicago, at the Provincial?s direction, and understood that Courtney should be barred from direct contact with students. 4.29. The Provincial also talked to Brother Reilly about the prospect of Courtney serving at O?Dea. Reilly testi?ed that the Provincial informed him that Courtney was a pedophile, which Reilly understood to be an incurable disease, but he did not tell him of Courtney?s long history of molesting boys. Other than con?ning him to of?ce work, Reilly testi?ed that the Provincial did not inform him of any other conditions. 4.30. Despite his long history of sexually abusing boys, despite his on-going sexual deviancy treatment, and despite his therapist?s direction that McGraw should be barred from FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES 11 of37 at. VERQERQW 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone: (205) 452?4334 Facsimile: (206) 623?3624 direct access to students, the ?suitable duties? imposed by the Provincial, McGraw, and Reilly did not include keeping Courtney away from students. To the contrary, less than two months after he started at O?Dea, a Christian Brothers? newsletter notes that ?[i]ntramural basketball conducted by Bart Patitucci and Ed Courtney just completed their season. Over 75 students participated.? 4.31. Moreover, despite being removed from at least four schools for molesting children, despite being sent to at least two separate therapists for abusing children, and despite knowing that the Christian Brothers had a history of sexually abusing Archdiocesan boys at Briscoe Memorial School and O?Dea, the Seattle Archdiocese made no effort to screen Courtney before it allowed him to serve at O?Dea, and it failed to adequately supervise the Christian Brothers given that it knew, or should have known, that they habitually employed sexual predators, like Courtney, to run Briscoe and O?Dea. And as discussed below, even though the Archdiocese knew that Courtney was sexually abusing boys at O?Dea every year from 1974 to 1978, it did nothing to remove him from the school. 4.32. At the very least, the Archdiocese should have known that Courtney was a serial sexual predator who was molesting boys at O?Dea, but they had no policies or procedures in place to discover as much. Given its long history of harboring pedophiles, this was likely intentional rather than merely negligent. 4.33. Once the Archdiocese and the Christian Brothers had transferred Courtney to O?Dea, he immediately began molesting boys, just as he had done at his four prior schools. And as had happened at his four prior schools, the Archdiocesan and Christian Brothers administrators immediately became aware of his abuses. FIRST AMENDED COMPLAINT FOR COCHRAN ??37 - W?l?lsmm 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone: {205) 4624334 Facsimile: (20 6) 6234624 4.34. For example, shortly after Courtney?s arrival at O?Dea, the Archdiocese?s principal, Brother McGraw, the O?Dea vice principal, Frank LaFazia, and the Superior of the community of Christian Brothers at O?Dea, Brother Reilly, all learned that Courtney had taken T.P. to the Brothers? private residence, supposedly because T.P. was not feeling well, and fondled him. They learned as much through older brother, who contacted the Vice principal, Frank LaFazia, because he was concerned about what had happened between Courtney and his younger brother. LaFazia testi?ed that he, McGraw, and Reilly huddled in the LaFazia?s car and discussed their options. McGraw and Reilly assured LaFazia that they would handle it, but Courtney was not removed. 4.35. During that same time frame, Courtney molested and assaulted another O?Dea student, J.B. He complained to McGraw that Courtney was ?humping me,? but McGraw replied that Courtney was ?just really friendly.? After the report to McGraw, Courtney?s sexual assaults became more violent. They escalated until J.B. refused to go to Saturday detention because of fear that he would be molested by Courtney. In response, McGraw expelled .B. from O?Dea for his ?own good,? but he promised to take care of the situation. 4.36. story is corroborated by the same vice principal who huddled with McGraw and Reilly in his car: was at O?Dea and I heard he was one of the kids that Ed Courtney bothered, as we say. I don?t remember too much about him. He seemed to have a hard time, and if what was happening really was happening, I can understand it 4.37. Even though they-knew that he had already failed his ??nal trial,? the Seattle Archdiocese and the Christian Brothers were desperate to keep Courtney?s cheap labor. Instead of removing him from O?Dea, they sent Courtney to counseling with at least his third therapist, Dr. Albert M. Hurley. FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 13 of37 A WALEEQWH 403 Columbia Street, Suite 500 Seattle, WA 98104 Phone: (206) 4524334 Facsimile: (206) 623-3524 4.38. Despite therapy, Courtney continued molesting O?Dea students. On November 24, 1974, the Christian Brothers acknowledged that another ?situation? with Courtney had occurred of which ?the grade school students in Seattle are probably already aware.? They claimed (again) that ?the next incident would be the last?: The Council was opposed 5-0 to letting Chris Courtney do the recruiting at O?Dea since the grade school students in Seattle are probably already aware of the situation. The Consultors did not wish to make a ?nal decision concerning Chris? case until they had talked with John Reilly. After the talk with John it was agreed that the next incident would be the last. 4.39. Despite this apparent concern, less than two months later, Brother Courtney?s former principal at St. Laurence, Brother Manning, wrote a glowing recommendation for Courtney to the Superintendent of Public Instruction for the State of Washington The purpose of the recommendation was ?to determine the eligibility of Brother Edward C. Courtney [address omitted] for a Washington teaching certi?cate? based on ?an evaluation of service under your supervision.? 4.40. Manning unequivocally recommended Courtney, noting that he ?served very ef?ciently as full time teacher of English and history? and that recommend him highly.? Brother Manning made this representation to SP1 even though he was the Christian Brother who had physically ejected Courtney from St. Laurence, exactly one year earlier, for molesting students. 4.41. Two weeks later, on January 29, 1975, SPI issued Courtney his standard Washington state teaching certi?cate for secondary education. Brother McGraw was sent a copy of letter. 4.42. Teaching certi?cate in hand, the Christian Brothers asked Dr. Hurley to write Courtney a letter of recommendation so that he could teach classes at O?Dea during the FIRST AMENDED COMPLAINT FOR COCHRAN A DAMAGES 14 of 37 - 403 Columbia Street. Suite 500 Seattle, WA 93104 Phone: (205) 4524334 Facsimile: (206) 623-3624 summer and following school year. Despite knowing Courtney?s long history of sexually molesting students, even while in treatment, the? Christian Brothers accepted Hurley?s subsequent recommendation. 4.43. At the same time, the Christian Brothers? Superior at O?Dea, Brother Reilly, did not believe that Courtney should be teaching at O?Dea because he was a pedophile. However, he did not do anything to warn parents or students about Courtney because wasn?t my job to warn the people about Ed Courtney. I was a teacher and a coach at O?Dea. The people that were in charge were the principal and the deans, etc.? 4.44. That Archdiocesan principal, on the other hand, similarly washed his hands of any responsibility for the decision to place and keep a pedophile at O?Dea: was principal of the school across the street. I do not know what transpired between the Superior of the house and the Provincial.? 4.45. Despite the fact that Courtney molested several boys during the ?rst year that he was assigned to O?Dea, the Archdiocese and the Christian Brothers returned him to O?Dea for the 1975-76 school year. He was assigned to teach English as part of the Archdiocesan faculty. Courtney continued molesting O?Dea students, including plaintiffs T.P. and T.S. 4.46. In January 1976, a boy?s father reported to McGraw that his son had been molested by his teacher, Brother Courtney. Courtney told the boy to stay after class because Courtney claimed he was chewing gum. After leading the boy to another classroom and locking the door, Courtney pushed the boy to the ?oor, mounted him, and rubbed himself on the boy until he climaxed. The boy told his neighbors, who told his parents. The boy?s father went to O?Dea and told the Archdiocese?s principal, Brother McGraw. FIRST AMENDED COMPLAINT FOR PFAU COCHRAN DAMAGES - 15 of37 i 403 Columbia Street. Suite 500 Seattle, 8104 Phone: (205) 452434 Facsimile: (205) 6234624 4.47. A month later, the Christian Brothers conducted their annual inspection of O?Dea. Not surprisingly, the visiting Provincial noted the ?complaints? coming to the Archdiocese?s principal regarding Courtney?s abuses: Br. Courtney was and is just now a constant source of anxiety for any Principal. Because he is school Bursar he holds a key position and his loss could be a severe blow to the Principal. At the same time [Brother McGraw] cannot ignore complaints coming to his of?ce. At the moment he has asked me to let him deal with this matter until the extent of the trouble is clari?ed and he is in a position to report to the Provincial. I agreed to this procedure. 4.48. When describing Courtney, the visiting Provincial noted that ?Brother obviously has his own problems, which, just now, seem to be emerging once again. The Principal is dealing with this matter and will report to the Provincial. It seems hard to me that all the hard work of this community should be jeopardized by the conduct of this man.? 4.49. A few weeks later, reports of Courtney?s abuses caused the Christian Brothers to order Courtney to make a ?public apology? to the community at O?Dea: Chris Courtney it was the decision of the Council that Chris should make a public apology to the community at O?Dea for his actions which jeopardized the reputation of the Brothers and the good name of the Congregation in Seattle. If the community accepts his apology, he may remain at his post in the school until June. If they do not accept the apology, then John Reilly should get in touch with me. He would be advised then to stay with his mother until June when we would consider the case at another Council Meeting. 4.50. Courtney apparently rejected that idea. On April 25, 1976, the Christian Brothers reviewed Courtney?s ?situation? and sent him to the Southdown Institute in Canada for three months of therapy. Courtney has testi?ed that he was sent to Southdown because of his on-going problem of inappropriately touching students. 4.51. Ironically, although the Christian Brothers had removed Courtney during the middle of the school year and sent him all the way to Canada for treatment, the Provincial?s FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES 16 of37 A VEELETQ {my 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone: (205) 4524334 Facsimile: (206) 623-3624 ?nal report on Courtney?s abuses claims that ?nothing serious enough to warrant alarm on the part of the Principal transpired? during his second year. 4.52. Despite Courtney?s long history of sexually abusing boys, and his history of molesting boys at O?Dea during his ?rst two years at that school, the Archdiocese and the Christian Brothers returned Courtney to O?Dea for the 1976-77 school year. When that school year began, the defendants assigned him to teach English on the Archdiocesan faculty. 4.53. Just a few months later, Courtney was sent back to Southdown for another six days of sexual deviancy treatment. 4.54. Before the end of that school year, a boy reported to McGraw that he had been molested by Courtney in the new locker room, but nothing was done. 4.55. This was near the same time that another O?Dea student was badly abused by Courtney after he was invited to play handball at Seattle University. When they were ?nished, Courtney took the boy to his mother?s house under the guise of delivering groceries. Courtney then attacked the boy, wrestled him to the ground, and ground his penis onto the boy until he ejaculated. 4.56. Despite his long history of moleSting boys before and at O?Dea, the Archdiocese and the Christian Brothers allowed Courtney to teach summer school at O?Dea with just one other Brother. 4.57. Despite Courtney?s long history of sexually abusing boys, and his history of molesting boys at O?Dea during his ?rst three years at that school, the Seattle Archdiocese and the Christian Brothers returned Courtney to O?Dea for the 1977-78 school year. They assigned him to teach English on the Archdiocesan faculty. FIRST ANIENDED FOR COCHRAN ?17?f37 - W?l?l?m 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone: (206) 41524334 Famimjk: (206) 6234624 4.58. In the spring of that school year, a boy?s parents reported to McGraw that their son had been molested by Courtney three times during the year. 4.59. Presumably facing the prospect of being reported to law enforcement by the boy?s parents, the Christian Brothers decided to put an end to their ??nal trial? with Courtney at O?Dea: Chris Courtney had his meeting in Southdown with Mark Eveson, Mark?s wife and Father Freemesser. It was recommended that he be assigned to a school in the Toronto area and receive periodic counseling from Mark Eveson. The Council recommended the following: a) Have Chris changed out of O?Dea. b) Since it would not be fair to the Canadian Province to have them take on one of our problems, Chris should be assigned to Cody Hall to supervise house maintenance, etc. c) Arrangements should be made with Doctor Korzenowski for periodic therapy. 4.60. Despite recognizing that Courtney was a serial sexual predator, and that he required close supervision far away from any school children, the Christian Brothers took no action to ensure that Courtney?s teaching days were over. 4.61. The Archdiocese?s principal, McGraw, made no such effort, either. The only ?authority? to which he reported Courtney?s abuses was his own Provincial. McGraw failed to report Courtney to the state authorities, even though he was aware that teachers in Washington had to have a valid teaching certi?cate, he was aware of the mandatory reporting laws, and he understood that those laws were intended to ensure that that the state became aware of problems between teachers and students. When asked why he did not report Courtney to SP1, McGraw testi?ed, don?t remember.? FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 18 of37 VEIETE $1?an 403 Columbia Street, Suite 500 SeattleW A98104 Phone: (206) 462-4334 Facsimile: (205) 6234524 4.62. Similarly, Brother Reilly admitted that he was aware of Washington?s mandatory reporting laws while he was an Archdiocesan teacher at O?Dea, but that he would have reported Courtney?s abuses only to the Provincial. 4.63. McGraw did provide one explanation for his failure to protect the boys at O?Dea from Courtney. When asked why he never ejected Courtney from the school, McGraw testi?ed that would have reported incidents to the Provincial, and it would have been up to the Provincial.? According to his deposition testimony, his hands were tied. 4.64. In his deposition, Brother Reilly concurred that his hands, too, were tied. 4.65. At the end of 1978, the Christian Brothers summarized their knowledge of Courtney?s abuses at O?Dea in a two-page letter regarding his request for exclaustration: ?Chris has had a problem with homosexuality for a number of years. It seems to have surfaced more than ever within the past five years or 50.? 4.66. According to that letter, the Christian Brothers and the Archdiocese were well aware that Courtney abused boys at O?Dea every year from 1974 through 1978. The Provincial concludes that Courtney should never step foot in a school again: I do not believe he should be teaching at all and that he would be much better off physically, mentally, emotionally and spiritually anywhere except in a teaching Congregation. 4.67. Despite the belief that Courtney should never again step foot in a classroom, despite Reilly?s belief that Courtney was an incurable pedophile, and despite the numerous complaints that McGraw received over the four years that Courtney taught at O?Dea, neither the Christian Brothers nor the Archdiocese ever reported Courtney to the authorities or tried to prevent him from teaching. FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 19 0137 A 403 Columbia Street. Suite 500 Seattle, WA 93104 Phone: (206) ?324334 Facsimile: (205) 6234624 4.68. To his credit, Brother Courtney admits he sexually abused multiple students at O?Dea, and he recalls being confronted with these allegations by the Provincial, McGraw, Reilly, and a number of other teachers and administrators for the Christian Brothers and the Seattle Archdiocese. He also admits that he was eventually terminated from O?Dea for ?inappropriate touching.? 4.69. This ended Brother Courtney?s teaching days at O?Dea; but sadly for others, did not end his teaching career or his career as an unreported sexual predator. Despite their knowledge that Courtney had sexually molested multiple students under their watch, the Christian Brothers and the Seattle Archdiocese refused to report Brother Courtney to the authorities as required by the laws of New York, Michigan, Illinois, California, and Washington. 4.70. The intentional and egregious nature of the defendants? disregard for the lives of Courtney?s victims, and future victims, is re?ected by their actions and inactions after they were finally forced to remove Courtney from O?Dea. 4.71. The Christian Brothers were initially going to transfer Brother Courtney to yet another school, but instead they granted his request to take a?leave of absence.? 4.72. The Archdiocese fared no better. Although they knew through their principal and vice principal at O?Dea that Courtney was a serial sexual predator who was certain to re- offend, the Archdiocese made no effort to prevent Courtney from teaching after they removed him from O?Dea. 4.73. Instead, the Archdiocese and the Christian Brothers helped Courtney obtain his Masters in Teaching Administration from Seattle University so that he could earn principal accreditation from SP1. FIRST AMENDED COMPLAINT FOR a! PFAU COCHRAN DAMAGES - 20 of37 gm 403 Columbia Street, Suite 500 Sea: 8104 Phone {206) 462?4334 Facsimile: (206) 623-3624 4.74. In the late spring and early summer of 1978, no less than three Christian Brothers or Archdiocesan of?cials who knew that Courtney was a serial sexual predator, Brother James C. Bates, Brother Gerald Rohan, and Brother McGraw, wrote letters of recommendation on his behalf in an effort to help him obtain future employment as a school teacher and administrator. 4.75. At the same time, Brothers Bates, McGraw, and Donnelly, who variously served as principal while Courtney was abusing students at their schools, wrote similar letters of recommendation for Courtney?s ?le with the Of?ce of Teacher Placement at Seattle University. The goal of those letters was to help him maintain his teaching credentials. 4.76. On September 5, 1978, after securing letters of recommendations and well on his way to a Masters in Teaching Administration from Seattle University, Courtney wrote to the Christian Brothers and requested an of?cial leave of absence so that he could ?consider more fully my future as a religious Brother and my ability to live the vowed life.? 4.77. That same day, Courtney received a letter from SP1 regarding his request to broaden his Washington teaching certi?cate. Among other items, the letter noted that Courtney needed ?student teaching at the elementary level.? 4.78. Despite his long history of abusing students at O?Dea, the Archdiocese assisted Courtney in that endeavor by creating an ?Administrative Assistant and Administrative Intern? position for him at Our Lady of the Lake elementary school. Courtney created the position with Sister Mary Patrick in the Archdiocese?s Of?ce Of Education. 4.79. Five days later, on September 10, 1978, the Christian Brothers granted Courtney one year of exclaustration, which meant Courtney was still a Brother but he lived apart from the community. FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 21 of 37 .- 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone: {206) 452-4334 Facsimile: (206) 623-3524 4.80. Less than three months later, Courtney anxiously wrote to the Archdiocese?s Of?ce of Education about expanding his Washington State teaching certi?cate. In order to do so, he asked the Archdiocese?s Superintendent, Father Clark, to provide a statement of satisfactory experience for SP1 that would verify his ninety days of service in his Archdiocese-created position at Our Lady of the Lake. 4.81. On November 29, 1978, Father Clark obliged and wrote a glowing recommendation for Courtney to SP1: ?As far as we can determine his work has been entirely satisfactory and we endorse and recommend his application for the K-12 teaching certi?cate and Administrators Credential.? 4.82. Five weeks later, Courtney applied to SP1 for a Standard K-l2 Teaching Certi?cate. As an ?experienced teacher,? he was required to provide a list of his past employment (all with the Christian Brothers and the Archdiocese) and the veri?cation of service that he had recently obtained from Father Clark. After receiving his application and Clark?s letter, SP1 issued Courtney his new teaching certi?cate, a copy of which was sent to the Archdiocese. 4.83. Newly-minted teaching certi?cate in hand, Courtney updated the Archdiocese?s Of?ce of Education regarding his efforts to obtain Principal?s Credential by June and noted that he would ?receive my Master?s degree in Educational Administration in August of this year.? He thanked that Of?ce ?for adding my name to the list of prospective candidates? for the following school year. 4.84. Courtney then asked the Archdiocese?s Of?ce of Education to ?ll-out a recommendation form for his placement ?le at Seattle University because ?it would be a good thing for the future.? Again, the Archdiocese?s Superintendent, Father Clark, obliged, FIRST AMENDED COMPLAINT FOR PEAU COCHRAN A DAMAGES - 22 of37 .- 403 Columbia Street. Suite 500 Seattle,WA 93104 Phone (106) 4624334 Facsimile: (206) 623-3524 verifying that Courtney served ?as assistant to the Principal? at Our Lady of the Lake for the past school year. But he also went one step ?thher, recommending Courtney ?for principalship in our schools? and expressing ?con?dence that he will bring the same expertise and concern to other situations that he has demonstrated this year at Our Lady of the Lake.? 4.85. On February 27, 1979, Courtney?s point-of-contact with the Of?ce of Education, Sister Huck, sent out a memo and noted that Courtney had applied to be the Principal of St. Alphonsus Parish School, an Archdiocesan elementary school. This letter was sent out to ?Pastors, Principals, Local Education Committee,? a group that would have included Courtney?s former principal, and now endorser, Brother McGraw. In his application, Courtney listed only Sister Mary Patrick and Brother McGraw as his references, and noted that he was certi?ed to act as a principal in Washington ?as of June 1979.? 4.86. A week later, presumably oblivious to Courtney?s decade-long history of molesting boys, Sister Mary Patrick recommended Courtney as ?a man of high moral standards? that ?will be an asset to any school either public or private in the capacity of administrator or teacher. 1 recommend him without any reservation.? 4.87. On June 13, 1979, the Archdiocese appointed Brother Courtney the principal of St. Alphonsus Parish School. In her welcome letter on behalf of the Archdiocesan Of?ce of Education, Sister Huck noted that a teacher in our schools during the past years we certainly feel at home with you.? 4.88. Two weeks later, on June 25, 1979, Brother Courtney signed his St. Alphonsus contract with the pastor of St. Alphonsus, Father Sarkies. Courtney would be the principal of St. Alphonsus for the 1979?1980 school year. FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 23 of 37 A Vg?lmg?? 1W 403 Columbia Street, Suite 500 Seattle. 8104 Phone: (206) 452-4334 Facsimile: (206} 623-3624 4.89. Very early in that school year, Father Sarkies heard a rumor from his secretary, Mary Ellingsen, who told Sarkies that an anonymous caller complained that Courtney had engaged in ?bonding? with male students at O?Dea. Ellingsen related this rumor with a concerned voice and told Sarkies that she thought it might be problematic if Ed Courtney came as principal to Saint Alphonsus. 4.90. Sarkies called O?Dea and spoke with Courtney?s former principal, Brother McGraw, to ask him about the rumor. McGraw told him ?that it was only rumor that there was no substance.? 4.91. In addition to relying on McGraw?s con?rmation of ?only rumor,? Sarkies has testi?ed that he relied on the Archdiocese?s Of?ce of Education to screen Courtney before adding him to the list of principal candidates for St. Alphonsus, and that he relied on that Of?ce to establish that Courtney was certi?ed and quali?ed. With their recommendations, Sarkies allowed Courtney to serve as principal of St. Alphonsus. 4.92. .During his time as principal, Courtney admits he molested at least two or three students, although at least six victims ?om St. Alphonsus have publicly come forward. 4.93. Meanwhile, the Christian Brothers continued their supervisory relationship with Cdurtney. For example, on December 12, 1979, their Provincial responded to a December 3rd letter from Courtney regarding ?many of the questions of the Council.? The Provincial noted that Courtney had requested an extension of his exclaustration and that it had been sent to the Superior General: ?You present many interesting options in your letter. Hopefully we will be able to consider them after your request for an extension is approved.? 4.94. A few months later, on April 5, 1980, the Provincial wrote Courtney ?concerning our conversation of March 12t because the Superior General ?feels that you FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES 24 of 37 . VESCQETQW 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone: (2116) 4524334 Facsimile: (206) 623-3524- should request a dispensation at this time and then apply for readmittance at a later date if you so desire.? There appears to be one very good reason for the General?s desire to have Courtney dispensed as a Brother. The Provincial had visited Courtney at St. Alphonsus in early 1980 while he was principal of the elementary school: I would say that you seem to be doing very well at the present time as Principal of that elementary school that we visited. If I were you, I would stick with that until He should point out to you that He has another direction for your life. Whether in or out, Chris, you know that you can always count on the many friends you have made in the Congregation over the years, not the least of which is the Superior General himself. 4.95. Later that month, the Christian Brothers voted to have Courtney decide his future with the Christian Brothers. The Provincial forwarded Courtney?s letter to the Superior General in Rome, along with the Council?s recommendations. 4.96. Shortly thereafter, Courtney wrote to Father Sarkies about a telephone conversation he had with the Provincial and stated that he was being forced to decide whether to withdraw from the Christian Brothers or resume active status. Courtney chose to resign from St. Alphonsus: ?Since I do not wish to choose the former, my only alternative is the latter. Accordingly, it will be necessary for me to resign my position as principal of St. Alphonsus School effective June 30, 1980, as I will be unable to contract for another year of service at this time.? 4.97. Given what happened next, it is unclear whether Courtney?s resignation letter was genuine or part of a cover story fabricated by himself, Father Sarkies and Patrick Crowley, the Archdiocese?s in?house attorney. 4.98. Around that time, Father Sarkies was confronted with allegations that Courtney had sexually abused students. In response, Sarkies consulted with the Archdiocesan Of?ce of Education about terminating Courtney. He spoke about the allegations with Father Clark, the FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 25 of37 mm 311% 403 Columbia Street. Suite 500 Seattle, WA 98104 Phomz: (205) 462-4334 Facsimile; (205; 6234624 Archdiocesan Superintendent, and possibly Sister Mary Taylor, his Assistant Superintendent. He also met with Courtney?s former principal, Brother McGraw, to ask him about Courtney?s history. McGraw informed Sarkies of Courtney?s history of sexually molesting students at O?Dea. 4.99. After consulting with McGraw, Clark, and possibly Taylor, Sarkies testi?ed that he confronted Courtney with the Archdiocese?s in-house attorney, Patrick Crowley. At that meeting, Courtney admitted to the abuse, and he asked Courtney to resign. 4.100. On May 27, 1980, Courtney wrote to Father Sarkies and apologized ?for the embarrassment and distress that I have caused you recently. It is most unfortunate and I am truly sorry.? He then asked to Withdraw his resignation because have assessed the climate during the past week and I do not feel that my remaining would be a source of further embarrassment to me or to others. This assessment includes the attitude I?ve witnesses from among the students including the sixth graders. The situation apparently has not been spread any further and would, I believe, not likely be believed by others anyway.? 4.101. Courtney further rationalized that realize the seriousness of this situation,? but that do feel that there was some exaggeration involved in the charges.? He promised that have not only seen to it that I do not relate improperly to the students, but I am presently getting therapeutic help as an aid in eliminating the problem. I am resolved that this misconduct will not re-appear!? He begged Sarkies to let him remain as principal. 4.102. After receiving this letter, Father Sarkies consulted with Father Clark and his Of?ce of Education. Although Courtney would be removed, Sarkies and Crowley brokered a deal with Courtney and the complaining parents in order to protect the ?name and reputation? of the Archdiocesan school: FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 26 of37 A 403 Columbia Street. Suite 500 Seattle, 8104 Phone (206) 462-4334 Facsimile (206) 623?3624 After consultation with the Office of Education and following their advice I have decided to accept your letter of resignation and take it as final. I do so with reluctance. Ed, it is important that you understand the reason we were able to keep the matter that led to your submitting a letter of resignation quiet was because the parents concerned, who also admired your abilities, were assured that since there were only two weeks left of the school year, you would be allowed to ?nish the year as usual. But they were also assured that you would then terminate which was in keeping with the agreement we reached in the discussion we had with Mr. Pat Crowley, the Archdiocesan Attorney. At the same time it is clear to me that if you were to follow the original cause of action you would there by be allowed to save face and leave the area with the respect and admiration of the majority of the St. Alphonsus School people. To alter that course would be to run the very real risk of turning this situation into a cause c?l?bre thereby doing damage to your name and reputation and that of the school. 4.103. With the ?name and reputation? of the Archdiocese protected, Courtney left St. Alphonsus with his own ?name and reputation? unscathed and with the ?respect and admiration of the majority of the St. Alphonsus School people.? 4.104. On his way out, Courtney invited Brother McGraw to speak at the St. Alphonsus graduation. Despite seeing that Courtney was the principal of a grade school, McGraw made no effort to report his fellow Christian Brother and Archdiocesan employee to the authorities. 4.105. Despite this second major blow?up at an Archdiocesan school, no steps were taken to ensure that Courtney?s teaching days were over. Instead, the defendants got rid of their problem by helping him obtain employment in the public school system, including Parkland Elementary. 4.106. Father Sarkies testi?ed that he did not take any steps to strip Courtney of his teaching certification because Archdiocesan policies dictated that Father Clark was responsible for informing SP1 of adverse employment actions. He assumed Clark would FIRST AMENDED COMPLAINT FOR COCHRAN GES - 27 0f37 - APEEc-g?pgrg?mhi infill/131nm}; 403 Columbia Street, 31111 500 Seattle, WA 98104 Phone (206) 452-4334 Facsimile: (205} 623-3624 .h QQUI contact SP1 to decertify Courtney, particularly where he and Clark had been consulting with Crowley, the Archdiocese?s attorney. 4.107. Neither Clark nor Crowley did so. Instead, Clark wrote Courtney a ?thank you? letter for his service and wrote him another letter of recommendation for his teaching ?le. The former includes an expression of ?our appreciation and best wishes as you leave your position as principal of St. Alphonsus School? and wishes ?[g]ood luck to you in your new endeavors.? 4.108. The latter was written directly to a Certi?cation Of?ce for the State of Illinois. In it, Clark con?rms Courtney?s four years of service at O?Dea, his service as ?principal intern? at Our Lady of the Lake, and his year as principal of St. Alphonsus. He represents that are sorry to lose Edward as he is an excellent teacher and administrator,? and concludes by making sure the State of Illinois knows that Courtney ?is certi?ed as a teacher grades K-12 and has provisional administrator credentials, issued by the State of Washington.? 4.109. Sarkies has testi?ed that these letters were written after Clark was fully aware that Courtney was being terminated for inappropriately touching a student, which was no later than May 30, 1980. As if his letters of recommendation were not suf?cient, Clark then veri?ed Courtney?s teaching and principal experience with SPI, even though Sarkies was relying on Clark and Crowley to do the opposite so Courtney could never teach again: Q: You were relying upon Father Clark to take the appropriate action to prevent Edward Courtney from using the service record veri?cation and a certi?cate to become reemployed in a teaching setting, correct? A: Correct. Q: By keeping the allegations against Courtney and his own admissions con?dential, didn?t that, then, allow others to write positive recommendations since they did not have the knowledge that you did? FIRST AMENDED COMPLAINT FOR aprAU COCHRAN DAMAGES - 28 of 37 A 403 Columbia Street, Suite 500 Sean: 98104 Phone: (205) 452-4334 Facsimile: (20 5) 523?3524 could have, yes. Q: Was that a concern of yours at the time that the matter regarding Courtney was kept con?dential? A: It was not a concern of mine at the time. Why not? A: Because I was working with an attorney and followed the directions we consulted back and forth on what was the best way to approach and resolve the matter. 4.110. When shown a copy of Clark?s letter of recommendation during a deposition, Sarkies admitted he was shocked that Clark did not disclose the abuse. He stated that he refused to write a similar letter because didn?t feel, in conscience, that I could recommend him.? He further agreed that he did not want to recommend Courtney to another school because of fear that he would molest other students at other schools. He could not do so in good conscience. 4.111. There is no question that Father Clark and his Of?ce of Education understood the importance of Courtney?s teaching certi?cate and service veri?cation, which was required on the back of the teaching certi?cate and allowed Courtney to continue teaching in Washington. Each year, from at least 1977 through 1980, the Archdiocese reminded its principals that ?[s]tate law is explicit on Washington Teacher Certi?cation? and mandated that ?as of May, 1975, [tlhe veri?cation of successful teaching experience must be signed by Father Clark, Archdiocesan Superintendent. Upon veri?cation of experience, the forms will be returned to the teacher. Applicant is then responsible to send forms to the BSD. of?ce.? FIRST AMENDED COMPLAJNT FOR COCHRAN DAMAGES - 29 of 37 Lg?m EM 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone; (205) 4514334 Facsimile: (205) 623?3524 4.112. When that letter was sent for the upcoming 1979-1980 school year, the same school year that Courtney was eventually removed from St. Alphonsus and then endorsed by Clark, Father Clark?s Of?ce added that ?Universities require veri?cation of teaching experience to renew certi?cates. Only the signature of the Superintendent of Catholic Schools is accepted.? The emphasis is in the original. 4.113. Father Clark and his Of?ce of Education further understood the rami?cations of writing letters of recommendation for Courtney?s placement ?le and endorsing his service in the Archdiocese?s school system. As his Of?ce dictated to Archdiocesan principals on October 2, 1978, and May 15, 1979: This of?ce does not maintain individual teacher personnel ?les. Letters of recommendation should be sent to the teacher?s placement ?le at the college or university which maintains the teacher?s record. Veri?cation of employment as requested on the back of the teaching certi?cate requires the signature of Father Clark at the time a teacher leaves the Seattle Archdiocesan system, seeks employment in the public schools or other private schools. Veri?cation of employment as requested on an application for renewal of certi?cation requires the signature of Father Clark. The Archdiocesan Of?ce of Education does not process applications. Teachers mail forms directly to the Educational Service District once Father Clark has veri?ed the teaching experience and signed the application. (emphasis in original 1979 letter) 4.114. The failure to act of Clark, Crowley, McGraw, and Sarkies had other rami?cations. Presumably ignorant of Courtney?s long history of abusing Archdiocesan boys, at least six other Archdiocesan teachers and administrators provided glowing recommendations for Courtney?s placement ?le at Seattle University, the ?recommending agency? on his teaching certi?cate. FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 30 of 37 A 403 Columbia Street. Suite 500 Seattle, 8194 Phone: (206) 4624334 Facsimile: (206) 623-3624 .4.115. Relying on his valid teaching credentials and his ?impressive? resume, Courtney obtained teaching jobs in the public school system, including Parkland Elementary. At each school, he continued sexually abusing children. 4.116. His teaching certi?cate intact and his record clean, Courtney was able to obtain a job as a teacher, coach, and/or administrator at Parkland Elementary, where he served for two years. His contracts required that he have a valid Washington State Teacher?s Certi?cate and were not effective until his teacher?s certi?cate was registered with the Educational Services District. His ?rst contract also notes that he had seventeen years of experience outside of Washington and six years of experience in Washington. 4.117. Courtney continued to sexually molest students until 1988, when public school authorities in Othello, Washington, noti?ed the police and Courtney was arrested for felony indecent liberties with minors. 4.118. On December 12, 1988, Courtney pled guilty to a charge of Indecent Liberties with a minor, a felony that carried a maximum sentence of ten years in jail. After his evaluation with the corrections department, the summarized his ?ndings: Statements from other victims show a pattern of Mr. Courtney using his position as trusted coach or teacher to gain access to boys in the 12 to 14 year age range, tussling with them while rubbing his genital area against them. He would often cause pain by squeezing a boy?s shoulder muscle or jamming his knuckles into the back while preventing escape with the other arm. The victim?s attempts to get away are apparently arousing to Mr. Courtney and he then presses his penis against his victim?s genitals or buttocks. He made comments at these times like ?do you feel it? Is it there yet?? 4.119.'Although Courtney ?maintained a wall of denial,? the correctional noted that ?toward the end of the assessment when 1 confronted Mr. Courtney on FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 31 of 37 a 403 Columbia Street, Suite 500 Seattle, WA 98104 Phoue.? (206) 452434 Facsimile: (205) 6234624 the discrepancy between his statements and those of several victims and described to Mr. Courtney what I thought his problem was, he tearfully indicated (without admitting to any speci?c acts) that I was accurate and asked if I would also provide treatment.? 4.120. The made the following conclusion about Courtney?s unique modus operandi for grooming and abusing students: Mr. Courtney?s sexual disorder has many features similar to frottage. However, his acting out involves exploitation of a personal relationship of trust, and a power differential between adult and child, teacher and student. There is evidence that he plans for access to victims, that he grooms potential victims, and offers special treatment, and that his frottage (?deniable? rubbing up against) is intended to progress beyond quick and furtive contact. For this reason I have made the diagnosis of pedophilia rather than frotteurism. In my opinion the essential dynamics in Mr. Courtney?s case are those of the adult homosexual pedophile. B. The Christian Brothers and the Seattle Archdiocese Enabled Brother Courtney to Physically and Sexually Abuse Plaintiff D.W. at Parkland Elementary 4.121. As stated above, the Seattle Archdiocese and the Christian Brothers enabled Courtney to obtain a position at Parkland Elementary. 4.122. Courtney then used his position at Parkland Elementary to gain access to Plaintiff D.W. and to sexually abuse him multiple times in multiple locations, including at Parkland Elementary and other activities that Courtney arranged through his position at the school. C. Parkland Elementary and Franklin Pierce School District Failed to Take Reasonable Steps to Protect D.W. and Other Students From Being Sexually Abused by Edward Courtney 4.123. In late 1980, the Parkland Elementary and Franklin Pierce School District hired Edward Courtney to work as a teacher, coach, and/or administrator at Parkland Elementary. FIRST FOR 33% PFAU COCHMA RAN DAMAGES 32 of37 TETIS hall: Cu mm 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone (206) 462434 Facsimile: (205) 6234524 4.124 When defendants Parkland Elementary and Franklin Pierce School District hired Edward Courtney to work at Parkland Elementary, they entrusted to him certain tasks, premises, and instrumentalities for the purpose of enabling him to work with students at the school, including D.W. 4.125 Despite knowing that they were hiring Courtney into a position where he would have access to children, defendants Parkland Elementary and Franklin Pierce School District failed to take reasonable steps to investigate his background to determine whether he posed a danger to children, including Plaintiff D.W. 4.126 Moreover, after hiring Courtney to work at Parkland Elementary, defendants Parkland Elementary and Franklin Pierce School District failed to take reasonable steps to prevent him from using his position to target, groom, and sexually abuse children at the school, including Plaintiff D.W. 4.127 As a result of the acts and omissions of the defendants, Edward Courtney used his position at Parkland Elementary to target, groom, and sexually abuse Plaintiff D.W. 4.128 As a direct and proximate result of being sexually abused by Edward Courtney, D.W. suffered general and special damages, including physical injuries, pain and suffering, and severe emotional distress. V. CAUSES OF ACTION A. Outrage as to Defendants Christian Brothers and the Seattle Archdiocese 5.1 Plaintiff re-alleges the paragraphs set forth above and below. 5.2 The Christian Brothers and the Seattle Archdiocese engaged in extreme and outrageous conduct by ignoring the rampant sexual abuse of children that occurred at the hands of Edward Courtney and making no effort to prevent him from continuing to abuse children, like D.W. They did so in order to conceal their own bad acts, to protect their FIRST AMENDED COMPLAINT FOR COCHRAN A DAMAGES - 33 of 37 - 403 Columbia Street. Suite 500 Seattle, WA 8104 Phone: (206) 452434 Facsimile: (206) 623-3624 reputation, and to prevent victims from coming forward, despite knowing that additional children, like D.W., would continue to be abused. 5.3 As a result of this extreme and outrageous conduct, Edward Courtney was able to continue teaching, was able to gain access to Plaintiff D.W., and was able to sexually abuse him many times. 5.4 The Christian Brothers and the Seattle Archdiocese knew that this extreme and outrageous conduct would in?ict severe emotional and distress on others, and Plaintiff D.W. did in fact suffer severe emotional and distress as a result. His emotional damages include severe mental anguish, humiliation and emotional and physical distress. B. Negligence as to Defendants Christian Brothers and the Seattle Archdiocese 5.5 Plaintiff re-alleges the paragraphs set forth above and below. 5.6 The Christian Brothers and the Seattle Archdiocese were well aware of Courtney?s long history of abusing students. Rather than report Courtney to the authorities so that his teaching certi?cate could be revoked, they recommended him to future employers, including Parkland Elementary, and represented that he had success?illy served in their schools for many years. 5.7 For example, after terminating Courtney?s employment ?'om St. Alphonsus Parish School because he was using his position as principal to sexually molest students, the Seattle Archdiocese wrote Courtney a letter of recommendation and veri?ed his teaching certi?cate so that he could continue teaching at schools in Washington. 5.8 At no point did the Seattle Archdiocese or the Christian Brothers take any steps to report Courtney to the authorities or to prevent him from using his teaching certi?cate to teach elsewhere. FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES - 34 of 37 in Wig}; 403 Columbia Street. Suite 500 Seattle, WA 93104 Phone: (206) 452434 Facsimile: (206) 623-3624 direct and proximate result of the negligent acts and omissions of the Seattle Archdiocese and the Christian Brothers, Courtney obtained a position as a teacher, coach, and/or administrator at Parkland Elementary. He then used that position to target, groom, and sexually abuse D.W. C. Violation of Mandatory Reporter Statute as to All Defendants 5.10 Plaintiff re-alleges the paragraphs set forth above and below. 5.11 The Seattle Archdiocese, the Christian Brothers, Parkland Elementary, and the Franklin Pierce School District had a mandatory duty to report suspected child abuse. 5.12 The Seattle Archdiocese and the Christian Brothers were well aware that Courtney was a serial sexual predator whose abuse of children could not be stopped through treatment. McGraw, Reilly, LaFazia, Sarkies, and Clark were all mandatory reporters, they were all aware that Courtney had sexually abused students in their schools, and they all knew that Courtney would continue sexually abusing students if he was allowed to continue teaching and/or serving in schools. 5.13 Upon information and belief, Parkland Elementary and the Franklin Pierce School District were aware that Courtney had sexually abused one or more children at Parkland Elementary. 5.14 Despite the foregoing knowledge, none of the defendants reported Courtney to the authorities as required by RCW 26.44.030. 5.15 As a result of this negligent conduct, Courtney continued to sexually abuse children, including D.W., and D.W. suffered general and special damages. FIRST AMENDED CONIPLAINT FOR COSCHRAN DAMAGES - 35 of37 SAEMALA marital llaln my Co 1121111133! 403 Columbia Street, Suite 500 Seattle, WA 98104 Phone: (206) 4624334 Facsimile: (205) 623-3524 Negligence as to Defendants Parkland Elementary and Franklin Pierce School District 5.16 Plaintiff re-alleges the paragraphs above and below. 5.17 During the time he was a student at Parkland Elementary, Plaintiff D.W. was in the care, custody, and control of Parkland Elementary and the Franklin Pierce School District. 5.18 As a result, Parkland Elementary and the Franklin Pierce School District had a duty to exercise reasonable care to protect D.W. from foreseeable harm, including the foreseeable harm of being sexually abused by someone working and/or volunteering for the school. 5.19 During the time Edward Courtney was working and/or volunteering at Parkland Elementary, Parkland Elementary and the Franklin Pierce School District had a duty to exercise reasonable care to prevent him from using his position, including the tasks, premises, and instrumentalities of his employment, to target, groom, and sexually abuse children, including Plaintiff D.W. 5.20 Upon information and belief, Parkland Elementary and the Franklin Pierce School District breached each of the foregoing duties by failing to exercise reasonable care in protecting Plaintiff D.W. from the danger posed by Courtney and by failing to exercise reasonable care to prevent Courtney from using his position to target, groom, and sexually abuse D.W. 5.21 As a direct and proximate result of the negligent acts and omissions of Parkland Elementary and the Franklin Pierce School District, Plaintiff D.W. suffered general and special damages, including physical, and emotional damage. FIRST AMENDED COMPLAINT FOR COCHRAN DAMAGES 36 of 37 - Vg?ln??g my 403 Columbia Street. Suite 500 Seattle, WA 98104 Phone: (206) 452-4334 Facsimile: (206) 623-3624 VI. PRAYER FOR RELIEF 6.1. Plaintiff prays for judgment against the defendants for general and special damages in an amount to be proven at the time of trial, for his reasonable attorneys? fees and costs, for statutory interest, prejudgment interest, punitive damages, and for such other and further relief as the Court deems just and equitable. 6.2. Plaintiff speci?cally reserves the right to pursue additional causes of action, other than those speci?cally outlined above, that are supported by the facts pleaded herein or that may be supported by other facts that emerge during discovery. DATED this 12th day of June 2017. PFAU VERTETIS AMALA PLLC - Mi . au, WSB No. 24649 Jason P. Amala, WSBA No. 37054 jason@pcvalaw.com Beth A. Davis, WSBA No. 45674 bdavis@pcvalaw.com Attorneys for Plaintiff 4829-7315-5376, v. 1 FIRST AMENDED COMPLAINTFOR COCHRAN . DAMAGES - 37 of 37 A 403 Columbia Street. Suite 500 Seattle, 8104 Phone: (2115) 462-4334 Facsimile: {205) 523-3624