Case 1:13-cv-00275-BLW Document 91 Filed 10/21/15 Page 1 of 59

CHASAN & WALTON, LLC
ANDREW M. CHASAN, ISB #2100
E‐mail: andrew.chasan@chasanwalton.com
TIMOTHY C. WALTON, ISB #2170
E‐mail: timwalton2000@hotmail.com
P.O. Box 1069
Boise, Idaho 83701
Phone: 208‐345‐3760
Fax: 208‐345‐0288
DUMAS LAW GROUP, LLC
GILION C. DUMAS, ISB #8176
E‐mail: gilion@dumaslawgroup.com
ASHLEY L. VAUGHN, admitted pro hac vice
E-mail: ashley@dumaslawgroup.com
516 SE Morrison St., Suite 309
Portland, OR 97214
Phone: 503‐952-6789
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
JOHN DOES I-XIX, and JOHN ELLIOTT,

Case No. 1:13-cv-00275-BLW

Plaintiffs,
v.

THIRD AMENDED COMPLAINT

BOY SCOUTS OF AMERICA, a congressionally
chartered corporation authorized to do business in
Idaho; CORPORATION OF THE PRESIDING BISHOP
OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY
SAINTS, a foreign corporation sole registered to do
business in Idaho; and CORPORATION OF THE
PRESIDENT OF THE CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS AND SUCCESSORS, a foreign
corporation registered to do business in Idaho,
Defendants.

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Pursuant to Fed. R. of Civ. Proc. 15(a), Plaintiffs hereby amend their Complaint and allege:
IDENTITY OF THE PARTIES
1.
Plaintiffs JOHN DOES I‐XIX’s true names are not stated in this Complaint in order to
protect them from further emotional harm because this Complaint makes allegations involving
child sexual abuse. Their true names will be provided to the Court as may be required by law.
2.
Plaintiff JOHN DOE I is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of each Defendant’s wrongful conduct. At all times relevant to this
Complaint, Plaintiff JOHN DOE I was a resident of Idaho. Plaintiff JOHN DOE I is now a
resident of Washington.
3.
Plaintiff JOHN DOE II is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of each Defendant’s wrongful conduct. At all times relevant to this
Complaint, Plaintiff JOHN DOE II was a resident of Idaho. Plaintiff JOHN DOE II is now a
resident of Idaho.
4.
Plaintiff JOHN DOE III is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of each Defendant’s wrongful conduct. At all times relevant to this

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Complaint, Plaintiff JOHN DOE III was a resident of Idaho. Plaintiff JOHN DOE III is now a
resident of Idaho.
5.
Plaintiff JOHN DOE IV is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of Defendant BOY SCOUTS OF AMERICA’s wrongful conduct. At all times
relevant to this Complaint, Plaintiff JOHN DOE IV was a resident of Idaho. Plaintiff JOHN DOE
IV is now a resident of Washington.
6.
Plaintiff JOHN DOE V is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of each Defendant’s wrongful conduct. At all times relevant to this
Complaint, Plaintiff JOHN DOE V was a resident of Idaho. Plaintiff JOHN DOE V is now a
resident of Arizona.
7.
Plaintiff JOHN DOE VI is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of each Defendant’s wrongful conduct. At all times relevant to this
Complaint, Plaintiff JOHN DOE VI was a resident of Idaho. Plaintiff JOHN DOE VI is now a
resident of Idaho.
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8.
Plaintiff JOHN DOE VII is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of Defendant BOY SCOUTS OF AMERICA’s wrongful conduct. At all times
relevant to this Complaint, Plaintiff JOHN DOE VII was a resident of Idaho. Plaintiff JOHN DOE
VII is now a resident of Idaho.
9.
Plaintiff JOHN DOE VIII is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of each Defendant’s wrongful conduct. At all times relevant to this
Complaint, Plaintiff JOHN DOE VIII was a resident of Idaho. Plaintiff JOHN DOE VIII is now a
resident of Hawaii.
10.
Plaintiff JOHN DOE IX is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of Defendant BOY SCOUTS OF AMERICA’s wrongful conduct. At all times
relevant to this Complaint, Plaintiff JOHN DOE IX was a resident of Idaho. Plaintiff JOHN DOE
IX is now a resident of Idaho.
11.
Plaintiff JOHN DOE X is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of Defendant BOY SCOUTS OF AMERICA’s wrongful conduct. At all times

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relevant to this Complaint, Plaintiff JOHN DOE X was a resident of Idaho. Plaintiff JOHN DOE
X is now a resident of Idaho.
12.
Plaintiff JOHN DOE XI is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of Defendant BOY SCOUTS OF AMERICA’s wrongful conduct. At all times
relevant to this Complaint, Plaintiff JOHN DOE XI was a resident of Idaho. Plaintiff JOHN DOE
XI is now a resident of Idaho.
13.
Plaintiff JOHN DOE XII is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of each Defendant’s wrongful conduct. At all times relevant to this
Complaint, Plaintiff JOHN DOE XII was a resident of Idaho. Plaintiff JOHN DOE XII is now a
resident of Idaho.
14.
Plaintiff JOHN DOE XIII is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of each Defendant’s wrongful conduct. At all times relevant to this
Complaint, Plaintiff JOHN DOE XIII was a resident of Idaho. Plaintiff JOHN DOE XIII is now a
resident of South Dakota.
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15.
Plaintiff JOHN DOE XIV is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of Defendant BOY SCOUTS OF AMERICA’s wrongful conduct. At all times
relevant to this Complaint, Plaintiff JOHN DOE XIV was a resident of Idaho. Plaintiff JOHN DOE
XIV is now a resident of Idaho.
16.
Plaintiff JOHN DOE XV is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of Defendant BOY SCOUTS OF AMERICA’s wrongful conduct. At all times
relevant to this Complaint, Plaintiff JOHN DOE XV was a resident of Idaho. Plaintiff JOHN DOE
XV is now a resident of Idaho.
17.
Plaintiff JOHN DOE XVI is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of Defendants’ wrongful conduct. At all times relevant to this Complaint,
Plaintiff JOHN DOE XVI was a resident of Idaho. Plaintiff JOHN DOE XVI is now a resident of
Idaho.
18.
Plaintiff JOHN DOE XVII is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of Defendants’ wrongful conduct. At all times relevant to this Complaint,

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Plaintiff JOHN DOE XVII was a resident of Idaho. Plaintiff JOHN DOE XVII is now a resident of
Florida.
19.
Plaintiff JOHN DOE XVIII is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of Defendant BOY SCOUTS OF AMERICA’s wrongful conduct. At all times
relevant to this Complaint, Plaintiff JOHN DOE XVIII was a resident of Idaho. Plaintiff JOHN
DOE XVIII is now a resident of Idaho.
20.
Plaintiff JOHN DOE XIX is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of each Defendant’s wrongful conduct. At all times relevant to this
Complaint, Plaintiff JOHN DOE VIII was a resident of Idaho. Plaintiff JOHN DOE VIII is now a
resident of Idaho.
21.
Plaintiff JOHN ELLIOTT is an adult who, at all times relevant to this Complaint, was
subjected to child sexual abuse and other physical and emotional harm as a direct and
proximate result of Defendant BOY SCOUTS OF AMERICA’s wrongful conduct. At all times
relevant to this Complaint, Plaintiff JOHN ELLIOTT was a resident of Idaho. Plaintiff JOHN
ELLIOTT is now a resident of Idaho.
///
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22.
At all times relevant to this Complaint, Defendant BOY SCOUTS OF AMERICA
(“Defendant BSA”) was a congressionally chartered foreign corporation incorporated and with
its principal place of business in Texas, and operating in Idaho. At all times relevant to this
Complaint, Defendant BSA operated various outdoor, citizenship, service, and character
building training programs (“Scouting”) for boys in Idaho, including Plaintiffs in this case.
23.
At all times relevant to this Complaint, Defendant CORPORATION OF THE PRESIDING
BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER‐DAY SAINTS was a foreign religious
corporation sole of the Church of Jesus Christ of Latter‐Day Saints (“LDS Church”) incorporated
and with its principal place of business in Utah, and operating in Idaho.
24.
At all times relevant to this Complaint, Defendant CORPORATION OF THE PRESIDENT
OF THE CHURCH OF JESUS CHRIST OF LATTER‐DAY SAINTS AND SUCCESSORS was a foreign
religious corporation of the LDS Church incorporated and with its principal place of business
in Utah, and operating in Idaho. The Defendant CORPORATION OF THE PRESIDING BISHOP
and Defendant CORPORATION OF THE PRESIDENT will be referred to collectively throughout
this Complaint as “LDS Defendants.” Defendant BSA and LDS Defendants will be referred to
collectively throughout this Complaint as “Defendants.”
25.
The amount in controversy exceeds $75,000 for each Plaintiff, with the exact
amounts to be determined by a jury at trial.

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26.
At all times relevant to this Complaint, Scouting was an integral part of the LDS
Defendants’ program for raising, teaching, and guiding boys and men within the LDS Church.
Scouting was the official program for boys in the LDS Church, and many boys growing up in
the LDS Church were required or strongly encouraged to join Scouting. On information and
belief, Scouting was an official part of the Aaronic Priesthood for young men under 21 in the
LDS Church. Men within the LDS Church were also either required or strongly encouraged to
be Scout leaders as part of their religious growth and experience in the LDS Church. Wards
were the basic ecclesiastical unit of the LDS Church, and each ward was presided over by a
Bishop. The Bishop had many tasks including, on information and belief, selecting and
supervising Scout leaders within the LDS Church. On information and belief, every ward was
supposed to maintain a Scout troop.
27.
At all material times to this Complaint, BSA was a vertically‐integrated organization.
The national BSA organization was at the top of the structure. BSA national established goals,
standards, and rules for leaders at the lower levels to follow, and BSA national relied upon
local employees and volunteers to implement its goals, standards, and rules. The lower levels
of BSA included sponsoring organizations, local councils, troop committees, and troops.
Defendant BSA and LDS Defendants jointly agreed to control and operate Scout troops, such
as those troops Plaintiffs were members of, in Idaho. Troops operated at the lowest level of
Scouting, and many Scout troops were “sponsored” by the LDS Defendants through individual
wards in the LDS Church. Defendant BSA and LDS Defendants jointly selected, approved,

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and/or retained adult volunteers to lead Scout troops, in positions such as Assistant
Scoutmasters or Scoutmasters (“Scout leaders”). Defendant BSA possessed the right of final
approval of adult volunteers as Scout leaders, including adult volunteers that were also
members of the LDS Church. In the course of operating Scout troops, Defendants also had
the right to control the physical details of Scout leaders’ performance of their duties on behalf
of Defendants. In performing these duties for Defendants, Scout leaders were acting in the
time and space limits of their agency with Defendants, were motivated at least in part by a
desire to serve Defendants, and these actions were of a type that they were required to do
on behalf of the Defendants.
FACTS SPECIFIC TO JOHN DOE I
28.
Plaintiff JOHN DOE I realleges and incorporates by reference paragraphs 1‐27.
29.
JOHN DOE I was born in 1973.
30.
At all times relevant to this Complaint, JOHN DOE I was a child involved in Scouting and
participated in a Scout troop that was sponsored by the LDS Defendants. JOHN DOE I was under
the care, custody, protection, and/or responsibility of each Defendant during the time he was
involved in Scouting.
31.
When JOHN DOE I was approximately 9 years old, in or around the spring and summer
of 1982, JAMES SCHMIDT (“SCHMIDT”), a Scout leader, began sexually abusing him. SCHMIDT’S

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sexual abuse of JOHN DOE I included sodomy and other acts of physical, sexual, and
emotional abuse. SCHMIDT also abused JOHN DOE I’s cousin, a member of SCHMIDT’s Scout
troop. Their abuse occurred during a time when JOHN DOE I’s parents were briefly living in
Alaska, and JOHN DOE I was living with his cousin’s family. SCHMIDT forced JOHN DOE I to
watch SCHMIDT’s sexual abuse of JOHN DOE I’s cousin, and SCHMIDT forced JOHN DOE I and
his cousin to perform sexual acts on each other while SCHMIDT watched. This abuse
occurred multiple times and lasted for approximately 6 months. The abuse occurred on BSA
camping trips, at a ward building owned and operated by LDS Defendants, and in the attic of
Defendant BSA’s Council Headquarters, located in Boise, Idaho.
32.
All Defendants had notice beginning in 1979 that SCHMIDT—abuser of Plaintiffs
JOHN DOES I, II, V, VII, IX, X, XI, and XV, and JOHN ELLIOTT was a pedophile and was abusing
Scouts. In 1983 SCHMIDT was arrested by Caldwell, Idaho police after the police interviewed
16 Scouts and their parents who documented an undisclosed number of cases in which
SCHMIDT had sexually abused minors. After the investigation, he was court‐ordered to
complete treatment for “severe pedophilia” at John Hopkins Hospital in Baltimore, Maryland.
FACTS SPECIFIC TO JOHN DOE II
33.
Plaintiff JOHN DOE II realleges and incorporates by reference paragraphs 1‐32.
34.
JOHN DOE II was born in 1970.
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35.
At all times relevant to this Complaint, JOHN DOE II was a child involved in Scouting, in
the BSA Caldwell 5th Ward, that was sponsored by the LDS Defendants. JOHN DOE II was
under the care, custody, protection, and/or responsibility of each Defendant during the time
he was involved in Scouting.
36.
JOHN DOE II’s Scout leader, SCHMIDT, began abusing him when he was 12 years old, in
or around 1982. SCHMIDT’s sexual abuse included fondling of JOHN DOE II’s penis, testicles,
and anus, and other physical, sexual, and emotional abuse. This abuse continued for
approximately 2 years, until JOHN DOE II was 14 years old. The abuse occurred on BSA
camping trips.
FACTS SPECIFIC TO JOHN DOE III
37.
Plaintiff JOHN DOE III realleges and incorporates by reference paragraphs 1‐36.
38.
JOHN DOE III was born in 1967.
39.
At all times relevant to this Complaint, JOHN DOE III was a child involved in Scouting
in a Scout troop sponsored by LDS Defendants. JOHN DOE III was under the care, custody,
protection, and/or responsibility of each Defendant during the time he was involved in
Scouting.
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40.
During the summer of 1981, when JOHN DOE III was approximately 14 years old, JOHN
DOE III’s Scout troop went to Camp Morrison. JOHN DOE III was sexually abused by DENNIS
EMPEY (“EMPEY”) for a week at Camp Morrison, and the abuse occurred approximately 4 times.
The abuse included sexual fondling, and other types of physical, sexual, and emotional abuse.
41.
Defendant BSA placed EMPEY in its Ineligible Volunteer Files (“IV Files”), as described
in paragraph 72, for molesting Scouts in 1988. Letters in EMPEY’S IV File document that one
of the victims—a member of the LDS Church—told his father in 1987 that Empey had
abused him in 1981 at an LDS Chapel in Idaho Falls. No one from BSA reported this incident
to the police. In 1991, EMPEY was convicted for molesting children in Provo, Utah. In 1991,
EMPEY moved back to Idaho and was hired by the Teton Council of BSA to do graphic design
work. In association with another case in Idaho in 2005, a man filed an affidavit stating that
EMPEY had molested him in 1983 at the Island Park Scout Camp.
FACTS SPECIFIC TO JOHN DOE IV
42.
Plaintiff JOHN DOE IV realleges and incorporates by reference paragraphs 1‐41.
43.
JOHN DOE IV was born in 1960.
44.
At all times relevant to this Complaint, JOHN DOE IV was a child involved in Scouting,
in Scout Troop 176 in Lewiston, Idaho, that met at the Orchards Baptist Church and, on

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information and belief, was sponsored by the Elk Club. JOHN DOE IV was under the care,
custody, protection, and/or responsibility of Defendant BSA during the time he was involved
in Scouting.
45.
When JOHN DOE IV was approximately 12 years old in or around 1972, his
Scoutmaster LAWRENCE LIBEY (“LIBEY”) began sexually abusing him. LIBEY’S sexual abuse of
JOHN DOE IV included fondling, oral sex, sodomy, forcing JOHN DOE IV to have sex with
another boy, and other acts of physical, sexual, and emotional abuse. This abuse occurred
hundreds of times and lasted for approximately 6 years.
FACTS SPECIFIC TO JOHN DOE V
46.
Plaintiff JOHN DOE V realleges and incorporates by reference paragraphs 1‐45.
47.
Plaintiff JOHN DOE V was born in 1966.
48.
At all times relevant to this Complaint, JOHN DOE V was a child involved in Scouting
and participated in the BSA Nampa 9th Ward Troop that was sponsored by the LDS
Defendant. JOHN DOE V was under the care, custody, protection and/or responsibility of
each Defendant during the time he was involved in Scouting.
49.
When JOHN DOE V was approximately 13 years old, in or around the spring and
summer of 1979 or 1980, he was abused by SCHMIDT. SCHMIDT took JOHN DOE V on several

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outings with SCHMIDT as the only adult. At the end of one particular Scout outing SCHMIDT,
under the guise of giving him a “ride home,” drove JOHN DOE V instead to SCHMIDT’s house
in Nampa, Idaho. SCHMIDT took JOHN DOE V to SCHMIDT’s bedroom, had him lie with
SCHMIDT on SCHMIDT’s bed. SCHMIDT then grabbed JOHN DOE V’s crotch. JOHN DOE V
pushed SCHMIDT’s hand away and told him to stop; but SCHMIDT persisted, and grabbed
JOHN DOE V’s crotch at least several more times. JOHN DOE V finally kneed SCHMIDT in the
groin and told him to take him home, which SCHMIDT finally did.
FACTS SPECIFIC TO JOHN DOE VI
50.
Plaintiff JOHN DOE VI realleges and incorporates by reference paragraphs 1‐49.
51.
Plaintiff JOHN DOE VI was born in 1966.
52.
At all times relevant to this Complaint, JOHN DOE VI was a child involved in Scouting
and participated in Scout Troup 33 that was sponsored by the Presbyterian Church. JOHN
DOE VI was under the care, custody, protection, and/or responsibility of Defendant BSA
during all times relevant.
53.
When JOHN DOE VI was approximately 13 years old, during the summer of 1980,
JOHN DOE VI was attending Camp Morrison in McCall, Idaho, as part of his involvement with
the Order of the Arrow. While at camp, JOHN DOE VI was sexually abused by LARREN
ARNOLD (“ARNOLD”). The abuse included sexual fondling and other types of physical, sexual,

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and emotional abuse. Within a day or two of the abuse, JOHN DOE VI reported it to his
Assistant Scout Master who was also attending Camp Morrison as part of the Order of the
Arrow activity.
Later in 1980, JOHN DOE VI attended an Order of the Arrow conference in Boise,
Idaho, and stayed in the barracks at Gowan Field. ARNOLD had JOHN DOE VI sleep in bed
with him where ARNOLD fondled and then sodomized JOHN DOE VI and otherwise abused
JOHN DOE VI including other types of physical, sexual, and emotional abuse.
In 1982, while approximately 14 years old and attending Camp Tapawingo, JOHN DOE
VI was abused by EMPEY, who was the waterfront director. EMPEY chose JOHN DOE VI to
room in his cabin where he sexually fondled, then raped and sodomized JOHN DOE VI during
his stay. The abuse suffered by John Doe VI included other types of physical, sexual, and
emotional abuse.
Each Defendant had been advised as early as 1964 that ARNOLD was a pedophile
abusing boys. Defendant BSA placed ARNOLD in its Ineligible Volunteer files as described in
paragraph 72 for molesting Scouts in 1991. He had been involved in Scouting from 1963‐
1989 and had been accused of molesting Scouts in the 1960’s, the 1970’s, and the 1980’s.
FACTS SPECIFIC TO JOHN DOE VII
54.
Plaintiff JOHN DOE VII realleges and incorporates by reference paragraphs 1‐53.
55.
JOHN DOE VII was born in 1964.
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56.
At all times relevant to this Complaint, JOHN DOE VII was a child involved in Scouting
in Troop 99 sponsored by the Southminster Presbyterian Church, Boise, Idaho. JOHN DOE VII
was under the care, custody, protection and/or responsibility of Defendant BSA during the
time he was involved in Scouting.
57.
When JOHN DOE VII was approximately 13 years old, during the summer of 1977, he
attended Camp Tapawingo in McCall, Idaho. While on an overnight hike, SCHMIDT had JOHN
DOE VII sleep in his tent, where SCHMIDT had JOHN DOE VII undress in front of him, then put
his hands down his underwear, then sexually touched and fondled JOHN DOE VII’s penis, and
otherwise physically, sexually, and emotionally abused JOHN DOE VII. The next day JOHN
DOE VII told his Scoutmaster, who said he would report the incident.
FACTS SPECIFIC TO PLAINTIFF JOHN ELLIOTT
58.
Plaintiff JOHN ELLIOTT realleges and incorporates by reference paragraphs 1‐57.
59.
ELLIOTT was born in 1965.
60.
At all times relevant to this Complaint, ELLIOTT was a child involved in Scouting in Troop
99 sponsored by Southminster Presbyterian Church, Boise, Idaho. ELLIOTT was under the care,
custody, protection, and/or responsibility of Defendant BSA during the time he was involved
in Scouting.

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61.
When ELLIOTT was approximately 12 years old, during the summer of 1977, he
attended either Camp Tapawingo or Camp Morrison in McCall, Idaho. While on an overnight
hike, SCHMIDT had ELLIOTT sleep in his tent, where SCHMIDT had ELLIOTT undress in front of
him, then put his hands down his underwear, then sexually touched and fondled ELLIOTT’s
penis, and otherwise physically, sexually, and emotionally abused ELLIOTT.
FACTS SPECIFIC TO JOHN DOE VIII
62.
Plaintiff JOHN DOE VIII realleges and incorporates by reference paragraphs 1‐61.
63.
JOHN DOE VIII was born in 1965.
64.
At all times relevant to this Complaint, JOHN DOE VIII was a child involved in Scouting
and participated in Scout Troop 411, and was a member of the Caldwell 2nd Ward of the LDS
Church. JOHN DOE VIII was under the care, custody, protection, and/or responsibility of each
Defendant during the time he was involved in Scouting.
65.
When JOHN DOE VIII was approximately 11 or 12 years old, in or around the summer
of 1976 or 1977, he attended Scout camp at Camp Morrison in McCall, Idaho. He went on an
overnight nature hike with other Scouts, led by ARNOLD. That evening ARNOLD told scary
stories to the Scouts and convinced Scouts, including JOHN DOE VIII, to sleep in his tent with
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him. During the night, he sexually abused JOHN DOE VIII several times by fondling him and
practicing oral sex on him.
FACTS SPECIFIC TO JOHN DOE IX
66.
Plaintiff JOHN DOE IX realleges and incorporates by reference paragraphs 1‐65.
67.
JOHN DOE IX was born in 1965.
68.
At all times relevant to this Complaint, JOHN DOE IX was a child involved in Scouting and
participated in Scout Troop 99. JOHN DOE IX was under the care, custody, protection, and/or
responsibility of Defendant BSA during the time he was involved in Scouting.
69.
When JOHN DOE IX was approximately 12 years old, in or around the summer of 1977,
he attended Scout camp at Camp Tapawingo or Camp Morrison in McCall, Idaho. He went on
an overnight nature hike with other Scouts, including Plaintiffs JOHN DOES VII and XI and
ELLIOTT, led by SCHMIDT. That evening SCHMIDT told scary stories to the Scouts and
convinced JOHN DOES VII and IX and ELLIOTT to sleep in his tent with him. During the night,
he sexually abused JOHN DOE IX by fondling him and otherwise sexually and emotionally
abusing him.
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FACTS SPECIFIC TO JOHN DOE X
70.
Plaintiff JOHN DOE X realleges and incorporates by reference paragraphs 1‐69.
71.
JOHN DOE X was born in 1966.
72.
At all times relevant to this Complaint, JOHN DOE X was a child involved in Scouting.
JOHN DOE X was under the care, custody, protection, and/or responsibility of Defendant BSA
during the time he was involved in Scouting.
73.
When JOHN DOE X was approximately 10 or 11 years old, in or around the summer of
1976 or 1977, he attended Scout camp at Camp Morrison in McCall, Idaho. He went on 3‐day
backpacking trip with other Scouts, led by SCHMIDT. SCHMIDT sexually abused JOHN DOE X
during that backpacking trip by fondling him and otherwise sexually and emotionally abusing
him.
FACTS SPECIFIC TO JOHN DOE XI
74.
Plaintiff JOHN DOE XI realleges and incorporates by reference paragraphs 1‐73.
75.
JOHN DOE XI was born in 1964.
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76.
At all times relevant to this Complaint, JOHN DOE XI was a child involved in Scouting.
JOHN DOE I was under the care, custody, protection, and/or responsibility of Defendant BSA
during the time he was involved in Scouting.
77.
When JOHN DOE XI was approximately 13 years old, in or around the summer of 1977,
he attended Scout camp at Camp Morrison in McCall, Idaho. He went on an overnight nature
hike with other Scouts, including Plaintiffs JOHN DOES VII and IX and ELLIOTT, led by SCHMIDT.
That evening SCHMIDT told scary stories to the Scouts and convinced several Scouts, including
JOHN DOES VII, IX, and XI and ELLIOTT to sleep in his tent with him. During the night, he
sexually abused JOHN DOE XI by fondling him and otherwise sexually and emotionally abusing
him.
FACTS SPECIFIC TO JOHN DOE XII
78.
Plaintiff JOHN DOE XII realleges and incorporates by reference paragraphs 1‐77.
79.
JOHN DOE XII was born in 1962.
80.
At all times relevant to this Complaint, JOHN DOE XII was a child involved in Scouting
and participated in a Scout troop sponsored by the Nampa 2nd Ward of the LDS Church.
JOHN DOE XII was under the care, custody, protection, and/or responsibility of each
Defendant during the time he was involved in Scouting.

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81.
When JOHN DOE XII was approximately eight years old, in or around 1970, ARNOLD
was an adult volunteer with JOHN DOE XII’s Scout Troop. ARNOLD began sexually abusing
JOHN DOE XII in or around 1973 for a period of six months, always in a group setting with
other Scouts and usually during Scouting events.
FACTS SPECIFIC TO JOHN DOE XIII
82.
Plaintiff JOHN DOE XIII realleges and incorporates by reference paragraphs 1‐81.
83.
JOHN DOE XIII was born in 1967.
84.
At all times relevant to this Complaint, JOHN DOE XIII was a child involved in Scouting
and participated in a Cub Scout troop sponsored by the Twin Falls Stake of the LDS Church in
Kimberly, Idaho. He was also a child in a foster child placement program operated by the LDS
Church. JOHN DOE XIII was under the care, custody, protection, and/or responsibility of each
Defendant during the time he was involved in Scouting.
85.
When JOHN DOE XIII was approximately nine or ten years old, in or around the
summer of 1976 or 1977, his Cub Scout leader and foster parent RONALD JENKINS began
sexually abusing him. He abused him before and after Cub Scout meetings and activities and
during Cub Scout overnight events such as camping trips. His sexual abuse included fondling,
mutual masturbation, and sodomy.

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FACTS SPECIFIC TO JOHN DOE XIV
86.
Plaintiff JOHN DOE XIV realleges and incorporates by reference paragraphs 1‐85.
87.
JOHN DOE XIV was born in 1958.
88.
At all times relevant to this Complaint, JOHN DOE XIV was a child involved in
Scout Troop 49, sponsored by the Whitney United Methodist Church in Boise, Idaho.
JOHN DOE XIV was under the care, custody, protection, and/or responsibility of
Defendant BSA during the time he was involved in Scouting.
89.
When JOHN DOE XIV was involved in Scouting in the early 1970s, his Assistant
Scoutmaster was ART KRIGBAUM. From the early 1970s-1974, KRIGBAUM sexually abused
JOHN DOE XIV before and after troop meetings, and during Scouting activities such as
camping trips. His sexual abuse include fondling, oral sex, and masturbation.
FACTS SPECIFIC TO JOHN DOE XV
90.
Plaintiff JOHN DOE XV realleges and incorporates by reference paragraphs 1‐89.
91.
JOHN DOE XV was born in 1965.
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92.
At all times relevant to this Complaint, JOHN DOE XV was a child involved in a Scout
troop sponsored by the Christian Faith Center of the First Assembly of God in Nampa, Idaho.
JOHN DOE XV was under the care, custody, protection, and/or responsibility of Defendant BSA
during the time he was involved in Scouting.
93.
When JOHN DOE XV was approximately 11 or 12 years old, in or around the summer
of 1976 or 1977, he attended Scout camp at Camp Morrison in McCall, Idaho. He went on an
overnight hike with other Scouts, led by SCHMIDT. He slept in SCHMIDT’S tent, and during
the night, he sexually abused JOHN DOE XV by fondling him and otherwise sexually and
emotionally abusing him.
FACTS SPECIFIC TO JOHN DOE XVI
94.
Plaintiff JOHN DOE XVI realleges and incorporates by reference paragraphs 1‐93.
95.
JOHN DOE XVI was born in 1968.
96.
At all times relevant to this Complaint, JOHN DOE XVI was a child involved in Scouting
and participated in the Scout troop associated with the Nampa 2nd Ward of the LDS Church,
of which he was also a member. JOHN DOE XVI was under the care, custody, protection,
and/or responsibility of each Defendant during the time he was involved in Scouting.
///

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97.
When JOHN DOE XVI was approximately 11 or 12 years old, in or around 1979 and/or
1980, he was molested by his Scout leader, ARNOLD. ARNOLD molested him at the Ward
building and at his home under the pretense of completing Scouting activities.
FACTS SPECIFIC TO JOHN DOE XVII
98.
Plaintiff JOHN DOE XVII realleges and incorporates by reference paragraphs 1‐97.
99.
JOHN DOE XVII was born in 1963.
100.
At all times relevant to this Complaint, JOHN DOE XVII was a child involved in Scouting
and participated in the “Blazer B” troop and Scout troop associated with the Nampa 5th Ward
West of the LDS Church in Boise, Idaho, of which he was also a member. JOHN DOE XVII was
under the care, custody, protection, and/or responsibility of each Defendant during the time
he was involved in Scouting.
101.
When JOHN DOE XVII was approximately 10-12 years old, DOUG BOWEN was the
“Blazer B Advisor” of his “Blazer B” Scout troop in the Nampa 5th Ward West. BOWEN
sexually abused JOHN DOE XVII many times, at BOWEN’s house under the pretense of
working on merit badges, at pool parties with other Scouts present, and during a camping
trip at the Pinetop Resort, owned and/or operated by the LDS Church. BOWEN would give
JOHN DOE XVII drugs and/or alcohol to induce him to fall asleep and then proceed to molest

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him. JOHN DOE XVII’s abuse included but is not limited to fondling, oral sex, and anal
penetration. Bowen was convicted in 1997 for Attempted Aggravated Sexual Abuse of a
Child in Utah for his sexual abuse of another Scout.
FACTS SPECIFIC TO JOHN DOE XVIII
102.
Plaintiff JOHN DOE XVIII realleges and incorporates by reference paragraphs 1‐101.
103.
JOHN DOE XVIII was born in 1955.
104.
At all times relevant to this Complaint, JOHN DOE XVIII was a child involved in
Scouting and, to the best of his memory at this time, participated in Troop 176. JOHN DOE
XVIII was under the care, custody, protection, and/or responsibility of DEFENDANT BSA
during the time he was involved in Scouting.
105.
When JOHN DOE XVIII was approximately 12-13 years old, he was molested by his
Scout leader LIBEY. LIBEY groped and fondled him in LIBEY’s car to and from Scouting
activities and fondled him during a camping trip at Camp Grizzley.
FACTS SPECIFIC TO JOHN DOE XIX
106.
Plaintiff JOHN DOE XIX realleges and incorporates by reference paragraphs 1‐105.
///
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107.
JOHN DOE XIX was born in 1962.
108.
At all times relevant to this Complaint, JOHN DOE XIX was a child involved in Scouting
and participated in the Scout Troop sponsored by the Nampa 2nd Ward of the LDS Church.
JOHN DOE XIX was under the care, custody, protection, and/or responsibility of each
Defendant during the time he was involved in Scouting.
109.
When JOHN DOE XIX was approximately 10 ten years old, his older brother dieed, and
his brother’s friends in the Order of the Arrow invited him to participate, even though he was
too young. Arnold was the Order of the Arrow leader, and that is how JOHN DOE XIX first met
Arnold and started being abused by him. Arnold continued to abuse him through Scouts, until
he was approximately 12 years old. Arnold fondled him and engaged in other sexual acts
with him many times, sometimes in group settings with other Scouts during Scouting
activities, and other times alone at Arnold’s house or during other Scouting activities, such
as hiking or camping. John Doe XIX reported the abuse to Bishop Elvin Hegstrom, who did
not believe him and told him not to say anything to anyone else about the abuse.
DEFENDANTS’ KNOWLEDGE OF SEXUAL ABUSE IN SCOUTING
110.
Plaintiffs reallege and incorporate by reference paragraphs 1‐109.
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111.
Not later than 1965, Defendant BSA knew that Scouting posed a danger to minor boys
because there had been a concrete, longstanding, consistent, and widespread problem with
Scout leaders sexually abusing Scouts. Defendant BSA knew that Scouting was being used
and exploited by child molesters to gain access to and gain the trust of Scouts, including
Plaintiffs. Yet, Defendant BSA did nothing significant to alter the program, to ameliorate the
sexual abuse problem, or to warn Scouts, Scouts’ parents, other troop‐level leaders, or the
general public prior to and even after the time of Plaintiffs’ abuse.
112.
Beginning in or around 1920, Defendant BSA started tracking incidences of child
molestation by adult volunteers in Scouting. Defendant BSA created a file system then known
as the “Red Flag” files—now the “Ineligible Volunteer” files (“IV files”)— to track a variety of
transgressions by adult volunteers, including child abuse. The IV Files are categorized
according to the type of transgression committed, for example, Amoral” or “financial”
transgressions. IV Files that reflect child sexual abuse allegations against adult volunteers are
categorized as “Perversion” files. On information and belief, the Perversion IV Files have
predominantly constituted a majority or plurality of the total IV Files. Between 1920 and
1935, at least 1,000 child molesters—between 50‐60 per year—were discovered and
subsequently excluded from Scouting. Now, at least 1,365 IV Perversion files still exist that
were created between 1960 and 1985, with 25‐96 IV Perversion files created per year during
that time frame. However, the number of IV Perversion Files still existing significantly
underrepresents the actual number of adult volunteers that molested Scouts, because

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Defendant BSA has destroyed many IV Files for a variety of reasons, and because many
children do not report their abuse.
113.
In Idaho alone, at least seven Scout leaders were accused of molesting Scouts or other
youth between 1962 and 1977. Between 1978 and 1983, at least three additional Idaho Scout
leaders were accused of molesting Scouts or other youth. All of these Scout leaders operated
in various councils in Idaho; at least six of them operated within the Ore‐Ida Council. In
addition to knowing about the decades of sexual abuse by Scout leaders in Scouts prior to or
during Plaintiffs’ abuse, Defendant BSA became aware of all or most of the accusations
regarding these specific Scout leaders by 1982.
114.
Prior to or during Plaintiffs’ abuse, on information and belief, LDS Defendants were
also aware of the risk that Scouts could be molested by Scout leaders, including by LDS Scout
leaders and Scout leaders in LDS‐sponsored troops. In Idaho, LDS Defendants had notice
prior to Plaintiffs’ abuse that at least one LDS Scout leader in an LDS‐sponsored troop within
the Ore‐ Ida Council of Defendant BSA had been accused of molesting Scouts.
115.
Prior to Plaintiffs’ abuse, Defendants knew to a moral certainty that at least some
significant number of Scouts—including Scouts such as Plaintiffs—would be molested each
and every year if Scouting remained structured as it was.
///
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CLAIM FOR RELIEF
(Constructive Fraud)
COUNT I
Plaintiffs JOHN DOES I, II, III, V, VI, VIII, XII, XIII, XVI, XVII, and XIX against all Defendants
116.
Plaintiffs reallege and incorporate by reference paragraphs 1‐115.
117.
At all times relevant to this Complaint, Defendants invited and encouraged Plaintiffs to
participate in the Scouting program they jointly administered and controlled. Their invitation
created a special, fiduciary relationship, wherein these Plaintiffs and their parents relied upon
Defendants’ years of expertise and judgment in selecting morally upright and trustworthy men
to lead Scouting activities. These Plaintiffs and their parents gave Defendants authority to act
in loco parentis over Plaintiffs at BSA meetings, camping trips, hiking trips, and in private
social situations during Scouting activities. Defendant BSA also invited Plaintiffs to enter into
a commercial relationship by requiring Scouts to pay yearly dues and other assorted fees and
required purchases, in exchange for participating in Scouting.
118.
Defendants represented that the Scout leaders they selected, controlled, and/or
approved were appropriate and trustworthy mentors and leaders for young boys, merely by
selecting, approving, and/or retaining certain men as Scout leaders. They also promoted
Scouting as being safe and beneficial for boys—physically, emotionally, and spiritually.
Defendants claimed Scouting was a wholesome institution and emphasized the friendly and
paternalistic role a Scout leader should play in a young boy’s life. As examples Defendant

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BSA made specific statements in various editions of the Boy Scout Handbook—the
handbook that every Scout is given and uses as a guide to his Scouting experience. The
Scout Oath was and remains: “On my honor I will do my best to do my duty to God and my
country and to obey the Scout law; To help other people at all times; To keep myself
physically strong, mentally awake, and morally straight.” The Scout law then describes the
characteristics a Scout should have: a Scout is trustworthy, loyal, helpful, friendly, courteous,
kind, obedient, cheerful, thrifty, brave, clean, and reverent. These were ideals that both
Scouts and Scout leaders were expected to follow. In the 1965‐1972 Boy Scout Handbook,
the Scoutmaster is referred to as “a wonderful man” who goes on hikes and goes camping
with the Troop, and who “is the friend to whom you can always turn for advice.” Defendant
BSA, Boy Scout Handbook, at 94 (7th ed., 3rd printing, 1967). The 1972‐1978 Boy Scout
Handbook, BSA stated, “[o]ver there watching things is your Scoutmaster. He’s a great guy.
He gives hours of his time to you and the troop. And do you know why? Mostly because he
knows Scouting is important to his city and nation. Besides, he is interested in boys.”
Defendant BSA, Boy Scout Handbook, at 9 (8th ed., 2nd printing, 1973). This edition also told
Scouts: “Your Scoutmaster is interested in and wants to know about you. Only then can he
help you to have fun in Scouting. . . . . [Y]our Scoutmaster wants to know you better. He
wants to see what you have to bring to the troop. Soon after joining you will have your first
personal growth agreement conference. Here you and your Scoutmaster will sit down for a
talk. Tell him about yourself. . . . Your Scoutmaster will probably ask about the things you
like to do. . . . Your Scoutmaster will also want to know what things you do well.” Id. at 82‐83.
In the 1978‐1990 Boy Scout Handbook, BSA tells Scouts that “First, there’s your Scoutmaster.

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He spends hours planning the fun and adventure you will have in your troop. He is present
at every troop meeting and goes hiking and camping with the troop. He is the friend to
whom you can always turn for advice. He coaches the patrol leaders. He gives his time and
effort without pay. Why does he do all this? Because he believes in scouting. Because he
likes boys and wants to help them become real men.” Defendant BSA, Boy Scout Handbook,
at 20‐21 (9th ed., 1st printing, 1979). This list of representations is not exhaustive.
119.
Defendants knew that, historically and increasingly, a significant number of Scout
leaders had abused Scouts; therefore, Defendants knew that not all Scout leaders were
trustworthy, morally upright, role models, and mentors.
120.
LDS Defendants also promoted Scouting as a wholesome, safe, and beneficial program
for boys, by sanctioning Scouting as the official program for boys within the LDS Church. By
selecting men within the LDS Church to serve as Scout leaders, LDS Defendants represented that
those men were trustworthy and morally upright leaders and mentors. Young boys that were
members of the LDS Church were required or strongly encouraged to join Scouting as part of
their growth and development within the Church. For example, in 1978, the president of the
LDS Church said that “This [BSA] is not an optional program...Scouting is no longer on trial. It is
an economically, socially, and spiritually sound program.” The LDS Church also was the first
chartering organization within BSA. In 1928, the LDS Church named Scouting as the activity
program for Deacons and teachers (boys ages 12‐16 years old) in the LDS Church. The LDS
Church and BSA continue to be closely integrated organizations—for example, the LDS Church is

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the largest sponsor of Boy Scout troops in BSA, BSA has an entire LDS‐BSA Relationships
department, and many key leaders within the LDS Church serve on BSA boards and in other
leadership positions in BSA.
121.
Defendants fraudulently misrepresented, failed to disclose, and/or actively
concealed the dangers and prevalence of child molesters in Scouting. Defendants’
representations regarding the wholesomeness, trustworthiness, and mortal integrity of
Scouting and Scout leaders were, at best, partial representations of the facts, which should
have been corrected or supplemented by the additional contrary information regarding the
propensity of sexual abuse in Scouting that was in Defendants’ possession.
122.
Plaintiffs read, digested, and integrated one or more of the Boy Scout Handbook versions
into their Scouting experience during their time in Scouting, and similar information and
propaganda promulgated by Defendants. Plaintiffs also digested the LDS Defendants’
misrepresentations about the benefits and nature of Scouting and Scout leaders within the LDS
Church. Plaintiffs relied upon Defendants’ misrepresentations regarding Scouting and Scout
leaders in deciding whether to join and continue to participate in Scouting.
123.
Defendants had a duty to disclose known threats to the health and safety of the
minors involved with their organizations because Defendants had a special relationship of
trust and confidence with Plaintiffs, and Defendants exercised in loco parentis responsibilities
over Scouts, including Plaintiffs. Alternatively or in addition to the duty arising from a special

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relationship, Defendant BSA’s invitation to Plaintiffs to participate in Scouting upon payment
of fees required Defendant BSA to disclose all matters vital to entering into a commercial
transaction. The relative incidence of child molestation by Scout Leaders was vital and
material information relevant to Plaintiffs entering into the transaction and maintaining their
membership with Defendant BSA. Further, alternatively or in addition to the aforementioned
duties, Defendants actively concealed the problem of child molestation by Scout leaders, and
Plaintiffs did not and could not obtain access to this information. Due to Plaintiffs’ inability to
discover the truth and Defendants’ full knowledge of it, Defendants were thus required to
disclose the prevalence of molestation by Scout leaders.
124.
Defendants’ knowledge of the dangers and prevalence of child molesters in Scouting
constituted a material fact because Plaintiffs would not have entered into a relationship with or
continued a relationship with Defendants and the Scouting program, including their individual
abusers or other volunteers, employees, and agents of Defendants, had Plaintiffs and their
parents been aware of such dangers.
125.
Despite the special relationship that Defendants maintained with Plaintiffs, prior to and
during Plaintiffs’ time in Scouting, Defendant BSA never made any warnings or issued any
warnings in the Boy Scout Handbook, in materials to Plaintiffs’ parents, in the Scout application
and registration materials, or elsewhere in BSA materials that Scout leaders were not always
safe and trustworthy, that they might make sexual demands or advances, or that significant
numbers of Scout leaders had abused boys in the past. Similarly, LDS Defendants did not warn

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Scouts that Scout leaders—even those involved in the LDS Church—were not always safe,
trustworthy, and spiritually sound leaders, that these Scout leaders may make sexual demands
or advances, or that a significant number of Scout leaders had abused boys in the past. This list
of omissions is not exclusive. Despite their knowledge of the use of Scouting by child molesters
as described in paragraphs 110-115, Defendants knowingly failed to change the Scouting
program in any meaningful way to attempt to reduce the number of Scouts abused by Scout
leaders until after Plaintiffs’ time in Scouting, and nonetheless concealed this material fact.
These failures to disclose the known danger of abuse by Scout leaders will be referred to in this
Complaint as “constructive fraud.”
126.
Defendants knew that their constructive fraud consisted of false representations, or
Defendants made their constructive fraud with reckless disregard for the truth. Defendants
made their constructive fraud with the intent of inducing Plaintiffs (and other children similarly
situated), Plaintiffs’ parents or guardians (and other parents and guardians similarly situated),
and the community at large to rely on their constructive fraud; continue to trust Scouting and
Scout leaders; and continue to participate in Scouting. Defendants also intended their
constructive fraud to shield Scouting from scrutiny to ensure that children continued to join,
for both a financial and reputational benefit.
127.
Plaintiffs and their parents justifiably and reasonably relied on their constructive fraud
in allowing Plaintiffs to join Scouting, remain in Scouting, and engage in a trust relationship
with their various Scout leaders. The reliance of Plaintiffs and their parents was justified

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because they did not know, nor could they have known, that Defendant BSA had a known,
decades‐long history of child molesters using Scouting to obtain victims. Plaintiffs and their
parents similarly did not know, nor could they have known, that the LDS Defendants also had
a history of Scout leaders within the LDS Church abusing Scouts. Plaintiffs and their parents
justifiably and reasonably relied on Defendants’ constructive fraud, as well as Defendants’
conduct in maintaining the same rules for the Scouting program over time, and to believe that
Scouting did not pose a known danger to Scouts. This reliance was justified because Plaintiffs
and their parents could not hope to conduct an investigation of Defendants’ claims that
Scoutmasters were safe and trustworthy, given that the records that would disprove the
constructive fraud—e.g., Defendant BSA’s IV Files—were not available to the public until
decades later.
128.
Within the past three years Plaintiffs JOHN DOES I, II, III, V, VI, VIII, XII, XIII, XVI, XVII,
and XIX have discovered that throughout the time they were involved in the Scouting
program and until at least 2010, Defendants perpetrated a fraud related to the dangers of
Scout leaders molesting children in the Scouting program. Prior to each Plaintiff’s discovery
of Defendants’ fraud, each Plaintiff did not know and could not know that Defendants’
representations, or lack thereof, regarding the trustworthiness of Scout leaders and the
safety of the Scouting program were false, and that Defendants knew the Scouting
program was structured in such a way that molestation of Scouts by Scout leaders was
certain to occur to some degree within the Scouting program. Relying on Defendants’
representations, each Plaintiff joined Scouting and trusted his Scout leaders.

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129.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604,
Plaintiff JOHN DOE I was seriously injured and damaged. Plaintiff JOHN DOE I’s injuries prevail
and will continue to prevail for an indefinite time into the future. It is impossible at this time
to fix the full nature, extent, severity, and duration of said injuries, but they are alleged to be
permanent, progressive, and disabling. Plaintiff JOHN DOE I has incurred and will likely
continue to incur damages. These damages include both physical and emotional injury.
These damages include special and general damages to be proved at the time of trial, all to
Plaintiff JOHN DOE I’s general damages in an amount now unknown. Plaintiff JOHN DOE I’s
damages include but are not limited to emotional and physical pain and suffering, mental
anguish, disability, and expenses for past and future therapy.
130.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, Plaintiff
JOHN DOE II was seriously injured and damaged. Plaintiff JOHN DOE II’s injuries prevail and will
continue to prevail for an indefinite time into the future. It is impossible at this time to fix the
full nature, extent, severity, and duration of said injuries, but they are alleged to be permanent,
progressive, and disabling. Plaintiff JOHN DOE II has incurred and will likely continue to incur
damages. These damages include both physical and emotional injury. These damages include
special and general damages to be proved at the time of trial, all to Plaintiff JOHN DOE II’s
general damages in an amount now unknown. Plaintiff JOHN DOE II’s claimed damages include,

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but are not limited to, emotional and physical pain and suffering, mental anguish, disability,
and expenses for past and future therapy.
131.
As a direct and proximate result of each Defendant’s oppressive, fraudulent,
malicious, and/or outrageous conduct as described above and as defined in Idaho Code § 6‐
1604, Plaintiff JOHN DOE III was seriously injured and damaged. Plaintiff JOHN DOE III’s
injuries prevail and will continue to prevail for an indefinite time into the future. It is
impossible at this time to fix the full nature, extent, severity, and duration of said injuries,
but they are alleged to be permanent, progressive, and disabling. Plaintiff JOHN DOE III has
incurred and will likely continue to incur damages. These damages include both physical and
emotional injury. These damages include special and general damages to be proved at the
time of trial, all to Plaintiff JOHN DOE III’s general damages in an amount now unknown.
Plaintiff JOHN DOE III’s claimed damages include but are not limited to emotional and
physical pain and suffering, mental anguish, disability, and expenses for past and future
therapy.
132.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, Plaintiff
JOHN DOE V was seriously injured and damaged. Plaintiff JOHN DOE V’s injuries prevail and will
continue to prevail for an indefinite time into the future. It is impossible at this time to fix the
full nature, extent, severity, and duration of said injuries, but they are alleged to be permanent,
progressive, and disabling. Plaintiff JOHN DOE V has incurred and will likely continue to incur

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damages. These damages include both physical and emotional injury. These damages include
special and general damages to be proved at the time of trial, all to Plaintiff JOHN DOE V’s
general damages in an amount now unknown. Plaintiff JOHN DOE V’s claimed damages include
but are not limited to emotional and physical pain and suffering, mental anguish, disability,
and expenses for past and future therapy.
133.
As a direct and proximate result of each Defendant’s oppressive, fraudulent,
malicious, and/or outrageous conduct as described above and as defined in Idaho Code § 6‐
1604, Plaintiff JOHN DOE VI was seriously injured and damaged. Plaintiff JOHN DOE VI’s
injuries prevail and will continue to prevail for an indefinite time into the future. It is
impossible at this time to fix the full nature, extent, severity, and duration of said injuries,
but they are alleged to be permanent, progressive, and disabling. Plaintiff JOHN DOE VI has
incurred and will likely continue to incur damages. These damages include both physical and
emotional injury. These damages include special and general damages to be proved at the
time of trial, all to Plaintiff JOHN DOE VI’s general damages in an amount now unknown.
Plaintiff JOHN DOE VI’s claimed damages include but are not limited to emotional and
physical pain and suffering, mental anguish, disability, and expenses for past and future
therapy.
134.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, Plaintiff
JOHN DOE VIII was seriously injured and damaged. Plaintiff JOHN DOE VIII’s injuries prevail and

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will continue to prevail for an indefinite time into the future. It is impossible at this time to fix
the full nature, extent, severity, and duration of said injuries, but they are alleged to be
permanent, progressive, and disabling. Plaintiff JOHN DOE VIII has incurred and will likely
continue to incur damages. These damages include both physical and emotional injury. These
damages include special and general damages to be proved at the time of trial, all to Plaintiff
JOHN DOE VIII’s general damages in an amount now unknown. Plaintiff JOHN DOE VIII’s claimed
damages include but are not limited to emotional and physical pain and suffering, mental
anguish, disability, and expenses for past and future therapy.
135.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604,
Plaintiff JOHN DOE XII was seriously injured and damaged. Plaintiff JOHN DOE XII’s injuries
prevail and will continue to prevail for an indefinite time into the future. It is impossible at
this time to fix the full nature, extent, severity, and duration of said injuries, but they are
alleged to be permanent, progressive, and disabling. Plaintiff JOHN DOE XII has incurred and
will likely continue to incur damages. These damages include both physical and emotional
injury. These damages include special and general damages to be proved at the time of trial,
all to Plaintiff JOHN DOE XII’s general damages in an amount now unknown. Plaintiff JOHN
DOE XII’s claimed damages include but are not limited to emotional and physical pain and
suffering, mental anguish, disability, and expenses for past and future therapy.
///
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136.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, Plaintiff
JOHN DOE XIII was seriously injured and damaged. Plaintiff JOHN DOE XIII’s injuries prevail and
will continue to prevail for an indefinite time into the future. It is impossible at this time to fix
the full nature, extent, severity, and duration of said injuries, but they are alleged to be
permanent, progressive, and disabling. Plaintiff JOHN DOE XIII has incurred and will likely
continue to incur damages. These damages include both physical and emotional injury. These
damages include special and general damages to be proved at the time of trial, all to Plaintiff
JOHN DOE XIII’s general damages in an amount now unknown. Plaintiff JOHN DOE XIII’s claimed
damages include but are not limited to emotional and physical pain and suffering, mental
anguish, disability, and expenses for past and future therapy.
137.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604,
Plaintiff JOHN DOE XVI was seriously injured and damaged. Plaintiff JOHN DOE XVI’s injuries
prevail and will continue to prevail for an indefinite time into the future. It is impossible at
this time to fix the full nature, extent, severity, and duration of said injuries, but they are
alleged to be permanent, progressive, and disabling. Plaintiff JOHN DOE XVI has incurred and
will likely continue to incur damages. These damages include both physical and emotional
injury. These damages include special and general damages to be proved at the time of trial,
all to Plaintiff JOHN DOE XVI’s general damages in an amount now unknown. Plaintiff JOHN

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DOE XVI’s damages include but are not limited to emotional and physical pain and suffering,
mental anguish, disability, and expenses for past and future therapy.
138.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604,
Plaintiff JOHN DOE XVII was seriously injured and damaged. Plaintiff JOHN DOE XVII’s injuries
prevail and will continue to prevail for an indefinite time into the future. It is impossible at
this time to fix the full nature, extent, severity, and duration of said injuries, but they are
alleged to be permanent, progressive, and disabling. Plaintiff JOHN DOE XVII has incurred
and will likely continue to incur damages. These damages include both physical and
emotional injury. These damages include special and general damages to be proved at the
time of trial, all to Plaintiff JOHN DOE XVII’s general damages in an amount now unknown.
Plaintiff JOHN DOE XVII’s damages include but are not limited to emotional and physical pain
and suffering, mental anguish, disability, and expenses for past and future therapy.
139.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604,
Plaintiff JOHN DOE XIX was seriously injured and damaged. Plaintiff JOHN DOE XIX’s injuries
prevail and will continue to prevail for an indefinite time into the future. It is impossible at
this time to fix the full nature, extent, severity, and duration of said injuries, but they are
alleged to be permanent, progressive, and disabling. Plaintiff JOHN DOE XIX has incurred and
will likely continue to incur damages. These damages include both physical and emotional

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injury. These damages include special and general damages to be proved at the time of trial,
all to Plaintiff JOHN DOE XIX’s general damages in an amount now unknown. Plaintiff JOHN
DOE XIX’s damages include but are not limited to emotional and physical pain and suffering,
mental anguish, disability, and expenses for past and future therapy.
COUNT II
Plaintiffs JOHN DOES IV, VII, IX, X, XI, XIV, XV, XVIII and JOHN ELLIOTT against Defendant BSA
140.
Plaintiffs JOHN DOES IV, VII, IX, X, XI, XIV, XV, XVIII, and JOHN ELLIOTT reallege and
incorporate by reference paragraphs 1‐139.
141.
At all times relevant to this Complaint, Defendant BSA invited and encouraged
Plaintiffs to participate in the Scouting program it administered and controlled. Its invitation
created a special, fiduciary relationship, wherein Plaintiffs and their parents relied upon
Defendant BSA’s years of expertise and judgment in selecting morally upright and trustworthy
men to lead Scout troops and other Scouting activities, such as BSA Camps. Plaintiffs and
their parents gave Defendant BSA authority to act in loco parentis over Plaintiffs at BSA
meetings, camping trips, hiking trips, and in private social situations during Scouting activities.
Defendant BSA also invited Plaintiffs to enter into a commercial relationship by requiring him
to pay yearly dues and other fees and required purchases, in exchange for participating in
Scouting.
142.
Defendant BSA represented that the Scout leaders it selected, controlled, and/or
approved were appropriate and trustworthy mentors and leaders for young boys. It also

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promoted Scouting as being safe and beneficial for boys—physically, emotionally, and
spiritually. Defendant BSA claimed Scouting was a wholesome institution and emphasized the
friendly and paternalistic role a Scout leader should play in a young boy’s life. As examples,
Defendant BSA made specific statements in various editions of the Boy Scout Handbook—the
handbook that every Scout is given and uses as a guide to his Scouting experience. The Scout
Oath was and remains: “On my honor I will do my best to do my duty to God and my country
and to obey the Scout law; To help other people at all times; To keep myself physically strong,
mentally awake, and morally straight.” The Scout law then describes the characteristics a Scout
should have: a Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient,
cheerful, thrifty, brave, clean, and reverent. These were ideals that both Scouts and Scout
leaders were expected to follow. In the 1965‐1972 Boy Scout Handbook, the Scoutmaster is
referred to as “a wonderful man” who goes on hikes and goes camping with the Troop, and who
“is the friend to whom you can always turn for advice.” Defendant BSA, Boy Scout Handbook,
at 94 (7th ed., 3rd printing, 1967). In the 1972‐1978 Boy Scout Handbook, BSA stated, “[o]ver
there watching things is your Scoutmaster. He’s a great guy. He gives hours of his time to you
and the troop. And do you know why? Mostly because he knows Scouting is important to his
city and nation. Besides, he is interested in boys.” Defendant BSA, Boy Scout Handbook, at 9
(8th ed., 2nd printing, 1973). This edition also told Scouts: “Your Scoutmaster is interested in
and wants to know about you. Only then can he help you to have fun in Scouting. [Y]our
Scoutmaster wants to know you better. He wants to see what you have to bring to the troop.
Soon after joining you will have your first personal growth agreement conference. Here you
and your Scoutmaster will sit down for a talk. Tell him about yourself. Your Scoutmaster will

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probably ask about the things you like to do. Your Scoutmaster will also want to know what
things you do well.” Id. at 82‐83. In the 1978‐1990 Boy Scout Handbook, BSA tells Scouts that
“First, there’s your Scoutmaster. He spends hours planning the fun and adventure you will
have in your troop. He is present at every troop meeting and goes hiking and camping with
the troop. He is the friend to whom you can always turn for advice. He coaches the patrol
leaders. He gives his time and effort without pay. Why does he do all this? Because he
believes in scouting. Because he likes boys and wants to help them become real men.”
Defendant BSA, Boy Scout Handbook, at 20‐21 (9th ed., 1st printing, 1979). This list of
Defendant BSA’s representations is not exhaustive. Plaintiff read, digested, and integrated
one or more of the Boy Scout Handbook editions, as well as other BSA materials, into his
Scouting experience during his time in Scouting.
143.
Defendant BSA knew that, historically and increasingly, a significant number of Scout
leaders had abused Scouts; therefore, Defendant BSA knew that not all Scout leaders were
trustworthy and morally upright, and appropriate role models and mentors.
144.
Defendant BSA fraudulently misrepresented, failed to disclose, and/or actively
concealed the dangers and prevalence of child abuse in Scouting. Defendant BSA’s
representations regarding the trustworthiness and mortal integrity of Scout leaders were,
at best, partial representations of the facts, which should have been corrected or
supplemented by the contrary information of the propensity of sexual abuse in Scouting in
Defendant BSA’s possession.

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145.
Defendant BSA had a duty to disclose known threats to the health and safety of the
minors involved with its organization because Defendant BSA had a special relationship of
trust and confidence with Plaintiffs and exercised in loco parentis responsibilities over Scouts,
including Plaintiffs. Alternatively or in addition to the duty arising from in loco parentis status,
Defendant BSA’s invitation to Plaintiffs to participate in Scouting upon payment of fees
required Defendant BSA to disclose all matters vital to entering into a commercial transaction.
The relative incidence of child molestation by Scout Leaders was vital and material
information relevant to Plaintiffs entering into the transaction with Defendant BSA. Further,
alternatively or in addition to the aforementioned duties, Defendant BSA actively concealed
the problem of child molestation by Scout leaders, and Plaintiffs and their parents did not and
could not obtain access to this information. Due to their inability to discover the truth and
Defendant BSA’ full knowledge of it, Defendant BSA was required to disclose the prevalence
of molestation by Scout leaders.
146.
Defendant BSA’s knowledge of the dangers and prevalence of child molesters in
Scouting as described in paragraphs 110-115 constituted a material fact because Plaintiffs
would not have entered into a relationship with or continued a relationship with Defendant
BSA and the Scouting program, including the individual abusers or other volunteers,
employees, and agents of Defendant BSA, had Plaintiffs and their parents been aware of
such dangers.
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147.
Despite the special relationship that Defendant BSA maintained with Plaintiffs prior to
and during their time in Scouting, Defendant BSA never made any warnings or issued any
warning in the Boy Scout Handbook, in materials to Plaintiffs’ parents, in the Scout application
and registration materials, or elsewhere in BSA materials that Scout leaders were not always
safe and trustworthy, that they might make sexual demands or advances, or that significant
numbers of Scout leaders had abused boys in the past. This list of omissions is not exclusive.
Despite its knowledge of the use of Scouting by child molesters, Defendant BSA knowingly failed
to change the Scouting program in any meaningful way to attempt to reduce the number of
Scouts abused by Scout leaders until after Plaintiffs’ time in Scouting, and nonetheless
concealed this material fact.
148.
Defendant BSA knew that its constructive fraud consisted of false representations,
or Defendant BSA made its constructive fraud with reckless disregard for the truth.
Defendant BSA made its constructive fraud with the intent of inducing Plaintiffs (and other
children similarly situated), their parents or guardians (and other parents and guardians
similarly situated), and the community at large to rely on its constructive fraud; continue to
trust Scouting and Scout leaders; and continue to participate in Scouting. Defendant BSA
also intended its constructive fraud to shield Scouting from scrutiny to ensure that children
continued to join, for both a financial and reputational benefit.
///
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149.
Plaintiffs and their parents justifiably and reasonably relied on Defendant BSA’s
constructive fraud in allowing them to join Scouting, remain in Scouting, and engage in a trust
relationship with their various Scout leaders. The reliance of Plaintiffs and their parents was
justified because they did not know, nor could they have known, that Defendant BSA had a
known, decades‐long history of child molesters using Scouting to obtain victims. Plaintiffs and
their parents justifiably and reasonably relied on Defendant BSA’s constructive fraud, as well
as Defendant BSA’s conduct in maintaining the same rules for the Scouting program over time,
and to believe that Scouting did not pose a known danger to Scouts. This reliance was
justified because Plaintiffs and their parents could not hope to conduct an investigation of
Defendants’ claims that Scoutmasters were safe and trustworthy, given that the records that
would disprove the constructive fraud—e.g., Defendant BSA’s IV Files—were not available to
the public until decades later.
150.
Within the past three years, Plaintiffs JOHN DOES IV, VII, IX, X, XI, XIV, XV, XVIII, and
JOHN ELLIOTT have discovered that throughout the time they were involved in the Scouting
program and until at least 2010, Defendant BSA perpetrated a fraud related to the dangers of
Scout leaders molesting children in the Scouting program. Prior to their discovery of
Defendant BSA’s fraud, Plaintiffs did not know and could not know that Defendant BSA’s
representations, or lack thereof, regarding the trustworthiness of Scout leaders and the safety
of the Scouting program were false, and that Defendant BSA knew the Scouting program was
///

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structured in such a way that molestation of Scouts by Scout leaders was certain to occur to
some degree within the Scouting program.
151.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, JOHN
DOE IV was seriously injured and damaged. JOHN DOE IV’s injuries prevail and will continue
to prevail for an indefinite time into the future. It is impossible at this time to fix the full
nature, extent, severity and duration of said injuries, but they are alleged to be permanent,
progressive, and disabling. JOHN DOE IV has incurred and will likely continue to incur
damages. These damages include both physical and emotional injury. These damages include
special and general damages to be proved at the time of trial, all to JOHN DOE IV’s general
damages in an amount now unknown. JOHN DOE IV’s claimed damages include but are not
limited to emotional and physical pain and suffering, mental anguish, disability, and expenses
for past and future therapy.
152.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, JOHN
DOE VII was seriously injured and damaged. JOHN DOE VII’s injuries prevail and will continue
to prevail for an indefinite time into the future. It is impossible at this time to fix the full
nature, extent, severity and duration of said injuries, but they are alleged to be permanent,
progressive, and disabling. JOHN DOE VII has incurred and will likely continue to incur
damages. These damages include both physical and emotional injury. These damages

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include special and general damages to be proved at the time of trial, all to JOHN DOE VII’s
general damages in an amount now unknown. JOHN DOE VII’s claimed damages include but
are not limited to emotional and physical pain and suffering, mental anguish, disability, and
expenses for past and future therapy.
153.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, JOHN
ELLIOTT was seriously injured and damaged. ELLIOTT’s injuries prevail and will continue to
prevail for an indefinite time into the future. It is impossible at this time to fix the full nature,
extent, severity and duration of said injuries, but they are alleged to be permanent,
progressive, and disabling. ELLIOTT has incurred and will likely continue to incur damages.
These damages include both physical and emotional injury. These damages include special
and general damages to be proved at the time of trial, all to ELLIOTT’s general damages in an
amount now unknown. ELLIOTT’s claimed damages include but are not limited to emotional
and physical pain and suffering, mental anguish, disability, and expenses for past and future
therapy.
154.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, JOHN
DOE IX was seriously injured and damaged. JOHN DOE IX’s injuries prevail and will continue to
prevail for an indefinite time into the future. It is impossible at this time to fix the full nature,
extent, severity and duration of said injuries, but they are alleged to be permanent,

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progressive, and disabling. JOHN DOE IX has incurred and will likely continue to incur
damages. These damages include both physical and emotional injury. These damages include
special and general damages to be proved at the time of trial, all to JOHN DOE IX’s general
damages in an amount now unknown. JOHN DOE IX’s claimed damages include but are not
limited to emotional and physical pain and suffering, mental anguish, disability, and expenses
for past and future therapy.
155.
As a direct and proximate result of each Defendant’s oppressive, fraudulent,
malicious, and/or outrageous conduct as described above and as defined in Idaho Code § 6‐
1604, JOHN DOE X was seriously injured and damaged. JOHN DOE X’s injuries prevail and
will continue to prevail for an indefinite time into the future. It is impossible at this time to
fix the full nature, extent, severity and duration of said injuries, but they are alleged to be
permanent, progressive, and disabling. JOHN DOE X has incurred and will likely continue to
incur damages. These damages include both physical and emotional injury. These damages
include special and general damages to be proved at the time of trial, all to JOHN DOE X’s
general damages in an amount now unknown. JOHN DOE X’s claimed damages include but
are not limited to emotional and physical pain and suffering, mental anguish, disability, and
expenses for past and future therapy.
156.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, JOHN
DOE XI was seriously injured and damaged. JOHN DOE XI’s injuries prevail and will continue to

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prevail for an indefinite time into the future. It is impossible at this time to fix the full nature,
extent, severity and duration of said injuries, but they are alleged to be permanent,
progressive, and disabling. JOHN DOE XI has incurred and will likely continue to incur
damages. These damages include both physical and emotional injury. These damages include
special and general damages to be proved at the time of trial, all to JOHN DOE XI’s general
damages in an amount now unknown. JOHN DOE XI’s claimed damages include but are not
limited to emotional and physical pain and suffering, mental anguish, disability, and expenses
for past and future therapy.
157.
As a direct and proximate result of each Defendant’s oppressive, fraudulent,
malicious, and/or outrageous conduct as described above and as defined in Idaho Code § 6‐
1604, JOHN DOE XIV was seriously injured and damaged. JOHN DOE XIV’s injuries prevail and
will continue to prevail for an indefinite time into the future. It is impossible at this time to
fix the full nature, extent, severity and duration of said injuries, but they are alleged to be
permanent, progressive, and disabling. JOHN DOE XIV has incurred and will likely continue
to incur damages. These damages include both physical and emotional injury. These
damages include special and general damages to be proved at the time of trial, all to JOHN
DOE XIV’s general damages in an amount now unknown. JOHN DOE XIV’s claimed damages
include but are not limited to emotional and physical pain and suffering, mental anguish,
disability, and expenses for past and future therapy.
///
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158.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, JOHN
DOE XV was seriously injured and damaged. JOHN DOE XV’s injuries prevail and will continue
to prevail for an indefinite time into the future. It is impossible at this time to fix the full
nature, extent, severity and duration of said injuries, but they are alleged to be permanent,
progressive, and disabling. JOHN DOE XV has incurred and will likely continue to incur
damages. These damages include both physical and emotional injury. These damages
include special and general damages to be proved at the time of trial, all to JOHN DOE XV’s
general damages in an amount now unknown. JOHN DOE XV’s claimed damages include but
are not limited to emotional and physical pain and suffering, mental anguish, disability, and
expenses for past and future therapy.
159.
As a direct and proximate result of each Defendant’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, JOHN
DOE XVIII was seriously injured and damaged. JOHN DOE XVIII’s injuries prevail and will
continue to prevail for an indefinite time into the future. It is impossible at this time to fix the
full nature, extent, severity and duration of said injuries, but they are alleged to be
permanent, progressive, and disabling. JOHN DOE XVIII has incurred and will likely continue
to incur damages. These damages include both physical and emotional injury. These
damages include special and general damages to be proved at the time of trial, all to JOHN
DOE XVIII’s general damages in an amount now unknown. JOHN DOE XVIII’s claimed damages

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include but are not limited to emotional and physical pain and suffering, mental anguish,
disability, and expenses for past and future therapy.

WHEREFORE, Plaintiffs pray for judgment as follows:
1.

Non‐economic damages by all Defendants for Plaintiff JOHN DOE I, the

exact amount to be determined by the jury at the time of trial;
2.

Economic damages by all Defendants for Plaintiff JOHN DOE I, the exact

amount to be determined by the jury at the time of trial;
3.

Non‐economic damages by all Defendants for Plaintiff JOHN DOE II, the

exact amount to be determined by the jury at the time of trial;
4.

Economic damages by all Defendants for Plaintiff JOHN DOE II, the exact

amount to be determined by the jury at the time of trial;
5.

Non‐economic damages by all Defendants for Plaintiff JOHN DOE III, the

exact amount to be determined by the jury at the time of trial;
6.

Economic damages by all Defendants for Plaintiff JOHN DOE III, the exact

amount to be determined by the jury at the time of trial;
7.

Non‐economic damages by Defendant BSA for Plaintiff JOHN DOE IV, the

exact amount to be determined by the jury at the time of trial;
8.

Economic damages by Defendant BSA for Plaintiff JOHN DOE IV, the exact

amount to be determined by the jury at the time of trial;
9.

Non‐economic damages by all Defendants for Plaintiff JOHN DOE V, the

exact amount to be determined by the jury at the time of trial;

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10.

Economic damages by all Defendants for Plaintiff JOHN DOE V, the exact

amount to be determined by the jury at the time of trial;
11.

Non‐economic damages by all Defendants for Plaintiff JOHN DOE VI, the

exact amount to be determined by the jury at the time of trial;
12.

Economic damages by all Defendants for Plaintiff JOHN DOE VI, the exact

amount to be determined by the jury at the time of trial;
13.

Non‐economic damages by Defendant BSA for Plaintiff JOHN DOE VII, the

exact amount to be determined by the jury at the time of trial;
14.

Economic damages by Defendant BSA for Plaintiff JOHN DOE VII, the exact

amount to be determined by the jury at the time of trial;
15.

Non‐economic damages by Defendant BSA for Plaintiff JOHN DOE VIII, the

exact amount to be determined by the jury at the time of trial;
16.

Economic damages by Defendant BSA for Plaintiff JOHN DOE VIII, the

exact amount to be determined by the jury at the time of trial;
17.

Non‐economic damages by Defendant BSA for Plaintiff JOHN DOE IX, the

exact amount to be determined by the jury at the time of trial;
18.

Economic damages by Defendant BSA for Plaintiff JOHN DOE IX, the exact

amount to be determined by the jury at the time of trial;
19.

Non‐economic damages by Defendant BSA for Plaintiff JOHN DOE X, the

exact amount to be determined by the jury at the time of trial;
20.

Economic damages by Defendant BSA for Plaintiff JOHN DOE X, the exact

amount to be determined by the jury at the time of trial;

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21.

Non‐economic damages by Defendant BSA for Plaintiff JOHN DOE XI, the

exact amount to be determined by the jury at the time of trial;
22.

Economic damages by Defendant BSA for Plaintiff JOHN DOE XI, the exact

amount to be determined by the jury at the time of trial;
23.

Non‐economic damages by all Defendants for Plaintiff JOHN DOE XII, the

exact amount to be determined by the jury at the time of trial;
24.

Economic damages by all Defendants for Plaintiff JOHN DOE XII, the exact

amount to be determined by the jury at the time of trial;
25.

Non‐economic damages by all Defendants for Plaintiff JOHN DOE XIII, the

exact amount to be determined by the jury at the time of trial;
26.

Economic damages by all Defendants for Plaintiff JOHN DOE XIII, the exact

amount to be determined by the jury at the time of trial;
27.

Non‐economic damages by Defendant BSA for Plaintiff JOHN DOE XIV, the

exact amount to be determined by the jury at the time of trial;
28.

Economic damages by Defendant BSA for Plaintiff JOHN DOE XIV, the

exact amount to be determined by the jury at the time of trial;
29.

Non‐economic damages by Defendant BSA for Plaintiff JOHN DOE XV, the

exact amount to be determined by the jury at the time of trial;
30.

Economic damages by Defendant BSA for Plaintiff JOHN DOE XV, the exact

amount to be determined by the jury at the time of trial;
31.

Non‐economic damages by Defendant BSA for Plaintiff JOHN ELLIOTT, the

exact amount to be determined by the jury at the time of trial; and

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32.

Economic damages by Defendant BSA for Plaintiff JOHN ELLIOTT, the exact

amount to be determined by the jury at the time of trial;
33.

Non‐economic damages by all Defendants for Plaintiff JOHN DOE XVI, the

exact amount to be determined by the jury at the time of trial;
34.

Economic damages by all Defendants for Plaintiff JOHN DOE XVI, the exact

amount to be determined by the jury at the time of trial;
35.

Non‐economic damages by all Defendants for Plaintiff JOHN DOE XVII, the

exact amount to be determined by the jury at the time of trial;
36.

Economic damages by all Defendants for Plaintiff JOHN DOE XVII, the

exact amount to be determined by the jury at the time of trial;
37.

Non‐economic damages by all Defendants for Plaintiff JOHN DOE XVIII, the

exact amount to be determined by the jury at the time of trial;
38.

Economic damages by all Defendants for Plaintiff JOHN DOE XVIII, the

exact amount to be determined by the jury at the time of trial;
39.

Non-economic damages by all Defendants for Plaintiff JOHN DOE XIX, the

exact amount to be determined by the jury at the time of trial;
40.

Economic damages by all Defendants for Plaintiff JOHN DOE XIX, the exact

amount to be determine by the jury at the time of trial;
41.

For Plaintiffs’ disbursements and incurred costs;

42.

Attorney fees; and

43.

For any other relief this Court deems just and equitable.

///

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PLAINTIFFS DEMAND A TRIAL BY JURY.
DATED this 7th day of October, 2015.
CHASAN AND WALTON, LLC
/ s / Andrew M. Chasan
Andrew M. Chasan, ISB #2100
Timothy C. Walton, ISB #2170
Of Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 7th day of October, 2015, I filed the foregoing electronically
through the CM/ECF system, which caused the following parties or counsel to be served by electronic
means, as more fully reflected on the Notice of Electronic Filing:
Stephen R. Thomas
Tyler J. Anderson
Mindy M. Muller

srt@moffatt.com
tya@moffatt.com
mmw@moffatt.com, cih@moffatt.com

Attorneys for Defendant Boy Scouts of America
Thomas A. Banducci
Brent Sidney Bastian
Wade L. Woodard
Alexander Dushku
Justin W. Starr

tab@andersenbanducci.com
bsb@andersenbanducci.com
wlw@andersenbanducci.com
adushku@kmclaw.com
jstarr@kmclaw.com

Attorneys for Defendant Corporation of the Presiding Bishop of The Church of
Jesus Christ of Latter-Day Saints and Defendant Corporation of the President of
The Church of Jesus Christ of Latter-Day Saints and Successors

________/s/________________________
Andrew M. Chasan, Attorney for Plaintiffs

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