Case 1:17-cv-00184-BLW Document 54 Filed 10/15/18 Page 1 of 28

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
3835 NE Hancock St., Ste. GL-B
Portland, OR 97212
Phone: 503-616-5007
Fax: 888-396-3226
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
JOHN DOE XX, JOHN DOE XXI, JOHN DOE
XXII, JOHN DOE XXIII, JOHN DOE XXIV,
JOHN DOE XXV, JOHN DOE XXVI, SHANE
JULIAN, and RILEY GILROY,

Case No. 1:17-cv-00184-BLW
SECOND AMENDED
COMPLAINT
Fraud and Constructive Fraud

Plaintiffs,
Jury trial demanded
v.
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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Plaintiffs allege:
IDENTITY OF THE PARTIES
1.
Plaintiffs John Does XX-XXVI’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 XX 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 (“Defendant BSA’s”) wrongful conduct. At all
times relevant to this Complaint, Plaintiff John Doe XX was a resident of Idaho. Plaintiff John
Doe XX is now a resident of Hawaii.
3.
Plaintiff John Doe XXI 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 XXI was a resident of Idaho. Plaintiff John Doe XXI is now a resident of Idaho.
4.
Plaintiff John Doe XXII 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 XXII was a resident of Idaho. Plaintiff John Doe XXII is now a resident of Idaho.
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5.
Plaintiff Shane Julian 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
Shane Julian was a resident of Idaho. Plaintiff John Shane Julian is now a resident of Idaho.
6.
Plaintiff Riley Gilroy 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
Riley Gilroy was a resident of Idaho. Plaintiff Riley Gilroy is now a resident of Massachusetts.
7.
Plaintiff John Doe XXIII 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 BSA’s wrongful conduct. At all times relevant to this Complaint, Plaintiff
John Doe XXIII was a resident of Idaho. Plaintiff John Doe XXIII is now a resident of Virginia.
8.
Plaintiff John Doe XXIV 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 BSA’S wrongful conduct. At all times relevant to this Complaint, Plaintiff
John Doe XXIV was a resident of Idaho. Plaintiff John Doe XXIV is now a resident of
Washington.
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9.
Plaintiff John Doe XXV 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 XXV was a resident of Idaho. Plaintiff John Doe XXV is now a resident of Idaho.
10.
Plaintiff John Doe XXVI 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 BSA’s wrongful conduct. At all times relevant to this Complaint, Plaintiff
John Doe XXVI was a resident of Idaho. Plaintiff John Doe XXVI is now a resident of Idaho.
11.
At all times relevant to this Complaint, 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.
12.
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.
13.
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
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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.”
14.
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.
15.
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. Many troops
were “sponsored” by the LDS Defendants through individual wards in the LDS Church.
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Defendant BSA and LDS Defendants jointly agreed to control and operate Cub Scout and Boy
Scout packs, dens, and troops (“troops”), such as those troops Plaintiffs John Does XXI, XXII,
XXV, Shane Julian, and Riley Gilroy were members of, in Idaho. Defendant BSA selected,
approved, and/or retained adult volunteers to lead Scout troops, in positions such as Assistant
Scoutmasters or Scoutmasters (“Scout leaders”). In troops sponsored by LDS Defendants,
Defendant BSA and the LDS Defendants jointly selected, approved, and/or retained adult
volunteers to act as 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, Defendant BSA also had the right to control the
physical details of Scout leaders’ performance of their duties on behalf of Defendant BSA. In
troops sponsored by both Defendants, both Defendants had the right to control the physical
details of Scouts leaders’ performance of their duties. In performing these duties for Defendant,
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.
AMOUNT IN CONTROVERSY
16.
The amount in controversy exceeds $75,000 for each Plaintiff, with the exact amounts
to be determined by a jury at trial.
ALLEGATIONS SPECIFIC TO JOHN DOE XX
17.
Plaintiff John Doe XX realleges and incorporates by reference paragraphs 1‐16.
18.
John Doe XX was born in 1959.
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19.
At all times relevant to this Complaint, John Doe XX was a child involved in Scouting, in
Scout Troop 156. John Doe XX was under the care, custody, protection, and/or responsibility of
Defendant BSA during the time he was involved in Scouting.
20.
When John Doe XX was approximately 12 or 13 years old, in or around 1971 or 1972, his
Scoutmaster Lawrence Libey (“Libey”) began sexually abusing him. Libey’s sexual abuse of John
Doe XX included fondling, oral sex, sodomy, and other acts of physical, sexual, and emotional abuse.
The abuse occurred at Libey’s residence when John Doe XX was there to work on merit badges and
other Scouting activities, and on Scout camping trips. The abuse occurred dozens of times and lasted
approximately two years.
21.
As a Scout leader for Troop 156, Libey abused at least two other Scouts, in addition to
John Does XXIII and XXIV, during a similar time period.

ALLEGATIONS SPECIFIC TO JOHN DOE XXI
22.
Plaintiff John Doe XXI realleges and incorporates by reference paragraphs 1‐21.
23.
John Doe XXI was born in 1963.
24.
At all times relevant to this Complaint, John Doe XXI was a child involved in Scouting,
in Scout Troop 20, by the LDS Defendants Boise Fifth Ward. John Doe XXI was under the care,

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custody, protection, and/or responsibility of each Defendant during the time he was involved in
Scouting.
25.
One of leaders of Scout Troop 20 was Doug Bowen. In or around approximately 1974 or
1975, Bowen sexually abused John Doe XXI during a Scout camping event, by kissing and
fondling him, engaging in masturbation, and engaging in other acts of sexual and emotional abuse.
26.
As a Scout leader for Troop 20, Bowen abused at least two other Scouts, in addition to
John Doe XXII, and attempted to abuse at least one other Scout, in the troop.
ALLEGATIONS SPECIFIC TO JOHN DOE XXII
27.
Plaintiff John Doe XXII realleges and incorporates by reference paragraphs 1‐26.
28.
John Doe XXII was born in 1963.
29.
At all times relevant to this Complaint, John Doe XXII was a child involved in Scouting,
in Scout Troop 20, by the LDS Defendants Boise Fifth Ward. John Doe XXII was under the
care, custody, protection, and/or responsibility of each Defendant during the time he was
involved in Scouting.
30.
One of leaders of Scout Troop 20 was Doug Bowen. In or around approximately 1974 or
1975, Bowen sexually abused John Doe XXII during a Scout camping event, by kissing and
fondling him multiple times, and engaging in other acts of sexual and emotional abuse.
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31.
As a Scout leader for Troop 20, Bowen abused at least two other Scouts, in addition to
John Doe XXI, and attempted to abuse at least one other Scout, in the troop.
ALLEGATIONS SPECIFIC TO PLAINTIFF SHANE JULIAN
32.
Plaintiff Shane Julian (“Julian”) realleges and incorporates by reference paragraphs 1‐31.
33.
Julian was born in 1973.
34.
At all times relevant to this Complaint, Julian was a child involved in Cub Scouting, in a
den that, on information and belief, was sponsored or operated by the LDS Defendants Caldwell
Fourth Ward. Julian was under the care, custody, protection, and/or responsibility of each
Defendant during the time he was involved in Scouting.
35.
One of leaders of Julian’s den was James Schmidt. In or around approximately 1982,
Schmidt sexually abused Julian at Schmidt’s home by engaging in oral sex. Schmidt’s sexual
abuse of Julian also included other acts of physical, sexual, and emotional abuse.
36.
As a Scout leader for the Caldwell Fourth Ward, Schmidt abused at least two other
Scouts, including Plaintiff Riley Gilroy, during a similar time period.
ALLEGATIONS SPECIFIC TO PLAINTIFF RILEY GILROY
37.
Plaintiff Riley Gilroy (“Gilroy”) realleges and incorporates by reference paragraphs 1‐36.
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38.
Gilroy was born in 1972.
39.
At all times relevant to this Complaint, Gilroy was a child involved in Cub Scouting, in a
den that, on information and belief, was sponsored or operated by the LDS Defendants Caldwell
Fourth Ward. Gilroy was under the care, custody, protection, and/or responsibility of each
Defendant during the time he was involved in Scouting.
40.
One of leaders of Gilroy’s den was James Schmidt. In or around approximately 19821983, Schmidt sexually abused Gilroy on many Scout camping trips, by fondling him while
Gilroy slept in Schmidt’s tent. Schmidt’s sexual abuse of Gilroy also included other acts of
physical, sexual, and emotional abuse. Gilroy also witnessed Schmidt sexually abuse other Scouts on
the same camping trips.
41.
As a Scout leader for the Caldwell Fourth Ward, Schmidt abused at least two other
Scouts, including Plaintiff Shane Julian, during a similar time period.
ALLEGATIONS SPECIFIC TO PLAINTIFF JOHN DOE XXIII
42.
Plaintiff John Doe XXIII realleges and incorporates by reference paragraphs 1‐41.
43.
John Doe XXIII was born in 1956.
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///
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44.
At all times relevant to this Complaint, John Doe XXIII was a child involved in Scouting,
in Scout Troop 156. John Doe XXIII was under the care, custody, protection, and/or
responsibility of Defendant BSA during the time he was involved in Scouting.
45.
When John Doe XXIII was between approximately 14 and 16 years old, in or around 1970 to
1972, his Scoutmaster Libey sexually abused him. Libey’s sexual abuse of John Doe XX included
fondling, oral sex, and other acts of physical, sexual, and emotional abuse. The abuse occurred at
Libey’s residence.
ALLEGATIONS SPECIFIC TO PLAINTIFF JOHN DOE XXIV
46.
Plaintiff John Doe XXIV realleges and incorporates by reference paragraphs 1‐45.
47.
John Doe XXIV was born in 1960.
48.
At all times relevant to this Complaint, John Doe XXIV was a child involved in Scouting,
in Scout Troop 156. John Doe XXIV was under the care, custody, protection, and/or
responsibility of Defendant BSA during the time he was involved in Scouting.
49.
When John Doe XXIV was between approximately 11 and 12 years old, in or around 1971 to
1972, his Scoutmaster Libey sexually abused him. Libey’s sexual abuse of John Doe XX included
fondling, anal sex, and other acts of physical, sexual, and emotional abuse. The abuse occurred at
Libey’s residence.
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ALLEGATIONS SPECIFIC TO PLAINTIFF JOHN DOE XXV
50.
Plaintiff John Doe XXV realleges and incorporates by reference paragraphs 1‐49.
51.
John Doe XXV was born in 1967.
52.
At all times relevant to this Complaint, John Doe XXV was a child involved in Scouting,
in Scout Troop 139, which was sponsored or operated by the LDS Defendants Nampa Third
Ward. John Doe XXV was under the care, custody, protection, and/or responsibility of each
Defendant during the time he was involved in Scouting.
53.
When John Doe XXV was between approximately 13 years old, in or around 1980, his
Scoutmaster Schmidt sexually abused him. Schmidt’s sexual abuse of John Doe XXV included
fondling, oral sex, and other acts of physical, sexual, and emotional abuse. The abuse occurred at
Schmidt’s residence and on an overnight Scouting camping trip.
ALLEGATIONS SPECIFIC TO PLAINTIFF JOHN DOE XXVI
54.
Plaintiff John Doe XXVI realleges and incorporates by reference paragraphs 1‐53.
55.
John Doe XXVI was born in 1969.
56.
At all times relevant to this Complaint, John Doe XXVI was a child involved in Scouting,
in Scout Troop 228, which was sponsored or operated by the Caldwell United Methodist Church.

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John Doe XXVI was under the care, custody, protection, and/or responsibility of Defendant BSA
during the time he was involved in Scouting.
57.
When John Doe XXVI was between approximately 11 years old, in or around 1981, his
Scoutmaster Schmidt sexually abused him. Schmidt’s sexual abuse of John Doe XXVI included
fondling, oral sex, group sex, and other acts of physical, sexual, and emotional abuse. The abuse
occurred at Schmidt’s residence and on an overnight Scouting camping trip.
DEFENDANTS’ KNOWLEDGE OF SEXUAL ABUSE IN SCOUTING
58.
Plaintiffs reallege and incorporate by reference paragraphs 1‐57.
59.
Beginning as early as the 1910s, Defendant BSA regularly received reports and
information from its local Councils and agents, of adult Scouting volunteers and professional
Scouters sexually abusing Scouts. Based on these reports, Defendant BSA created a file system
then known as the “Red Flag” files — now the “Ineligible Volunteer” files (“IV files”) — to
attempt to track a variety of transgressions by adult volunteers, including volunteers that sexually
abused Scouts. Defendant BSA categorizes IV files according to the type of transgression
committed, labeling IV files that contain allegations of child sexual abuse as “Perversion” files.
By 1972, approximately the year John Doe XX was sexually abused by his Scout leader,
Defendant BSA had created thousands of Perversion IV files. The number of IV Perversion files
that still exists significantly underrepresents the actual number of IV Perversion files and of adult
Scout leaders that molested Scouts for many reasons, including that Defendant BSA destroyed
most of the IV files created before Plaintiffs were abused, and because most children did not
report their sexual abuse.
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60.
In addition to knowing about the decades of sexual abuse of Scouts by Scout leaders prior to
Plaintiffs’ abuse, Defendant BSA had specific notice by 1974 that, in Idaho alone, there were at
least four Scout leaders who had been accused of sexually abusing Scouts or other youth prior to
1974. Additional Scout leaders abused additional Scouts prior to 1974, though it is unclear at
this time whether Defendant BSA received notice prior to 1974 of the additional abuse
allegations. All of these Scout leaders operated in various local councils operated by Defendant
BSA in Idaho.
61.
Prior to Plaintiffs’ abuse, LDS Defendants had specific notice by 1974 that, in Idaho, at
least two LDS Scout leaders in LDS‐sponsored troops had been accused of sexually abusing
Scouts prior to 1974.
62.
Prior to Libey abusing John Does XX, XXIII, AND XXIV, Defendant BSA knew Libey
was sexually attracted to boys, was dangerous, and was ineligible to be an adult Scout volunteer.
Libey served as the Assistant Scoutmaster for Troop 156, sponsored by the Lewiston Elks
Lodge, in around 1968 or 1969. Within a month after Libey became the Assistant Scoutmaster,
the troop went on a Scout camping trip. Libey had a minor Scout sleep in his tent with him,
alone. The Scoutmaster of Troop 156 at the time did not approve and confronted Libey. The
Scoutmaster then reported the incident to the Elks Lodge board. The board chose Libey to lead
the troop instead of the Scoutmaster who had reported his concerns. Shortly thereafter, Libey
became the sole Scoutmaster of Troop 156. As Scoutmaster of Troop 156, Libey repeatedly and
severely sexually abused Plaintiff John Doe XX, sexually abused Plaintiff John Does XXIII and

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XXIV between approximately 1970 and 1972, another Scout between approximately 1968 and
1969, and another Scout between approximately 1972 and 1975.
63.
Both Defendant BSA and LDS Defendants were advised by no later than 1964 that
Larren Arnold was a Scout leader sexually abusing boys in Scouting in Idaho.
64.
Prior to Schmidt abusing Plaintiffs Julian, Gilroy, John Doe XXV, and John Doe XXVI,
and no later than 1974, both Defendant BSA and LDS Defendants knew Schmidt was sexually
attracted to boys, was dangerous, and was ineligible to be an adult Scout volunteer.
Prior to 1974, a LDS Church member reported to the Stake President of the Nampa Idaho,
West Stake at the time, that he had heard reports that Schmidt was acting sexually inappropriately
with Scouts at Scout camps.
During the spring and summer of 1977, Schmidt sexually abused at least six Scouts during
Scout camping trips at Camp Morrison and/or Camp Tapawingo and other locations.
In June 1979, as documented in the Ineligible Volunteer File that BSA created on
Schmidt, two of the Scouts who Schmidt abused during summer 1977, and the mother of one of
the Scouts, reported Schmidt’s 1977 abuse to the Scout Executive of the Ore-Ida Council, Rex
Black. Scout Executive Black reported these incidents to the national office of BSA. In the
spring or summer of 1979, Schmidt also abused a Scout who was a member of a Scout troop
sponsored by the LDS Defendants Nampa Ninth Ward, for which Schmidt was an Assistant
Scoutmaster or Scoutmaster. In July 1979, Scout Executive Black asked Schmidt to stop
volunteering at Scout camps, but did not completely bar Schmidt from volunteering or
participating in Scouting.

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In approximately the late summer or early fall of 1979, several parents of children
involved in Scouting in the Nampa Third and Ninth Wards met and discussed Schmidt’s abuse of
their children. Parents reported the abuse to the Bishop of the Nampa Ninth Ward and to the
Stake President of the Nampa, Idaho West Stake. The Bishop of the Nampa Third Ward also
heard reports that Schmidt was sexually abusing Scouts and reported these allegations to the Stake
President. The Stake President asked Schmidt to cease Scouting activities in the wards and in the
state.
In or around 1980, Schmidt sexually abused Plaintiff John Doe XXV.
Later in 1981, the Stake President received a report that Schmidt had sexually abused a
child in a troop not sponsored by the LDS Defendants, and he notified Scout Executive Black.
Scout Executive Black notified the BSA national office and reported that Schmidt was still an
active Scout volunteer in the district.
In 1982, Scout Executive Black advised BSA national that he did not believe Schmidt
should be removed from scouting. BSA national took no steps to ensure that Schmidt was
removed.
In 1982, Schmidt went on to volunteer with Troop 228, sponsored by the Caldwell
Methodist Church, where he repeatedly abused one Scout and his cousin. Also beginning in
1982, Schmidt sexually abused Plaintiffs Julian and Gilroy, and at least one other Scout,
participating in dens and troops sponsored by the LDS Defendants Caldwell Fourth Ward.
Schmidt was also registered as a Scoutmaster for the LDS Defendants Caldwell Fifth Ward and
with other Scout troops in the area.
In 1983, Schmidt was arrested for lewd conduct on a camping trip with a Scout from
Troop 228.

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Defendant BSA finally placed Schmidt in the Ineligible Volunteer files and prohibited
from participating in Scouting, on March 17, 1983, after he had abused at least over a dozen
Scouts.
65.
Based on the IV Files, by the time Plaintiffs joined Scouting, Defendant BSA knew that
Scouting posed a danger to minor boys because there had been a longstanding, consistent, and
widespread problem with adult Scout volunteers sexually abusing Scouts.
66.
Prior to and during Plaintiffs’ abuse, on information and belief, LDS Defendants also knew
that Scouting posed a danger to minor boys and knew of the risk that Scouts could be sexually
abused by Scout leaders, including by LDS Church Scout leaders and in troops sponsored by
LDS Defendants.
67.
Prior to Plaintiffs’ abuse, Defendants knew that at least some significant number of Scouts
such as Plaintiffs would be sexually abused by Scout leaders each and every year if Scouting
remained structured as it was. Defendants knew that child sexual abusers were using Scouting to
gain access to and gain the trust of Scouts, including Plaintiffs, in order to abuse them.
DEFENDANTS’ FRAUD
68.
Plaintiffs reallege and incorporate by reference paragraphs 1‐67.
69.
Defendants invited boys, including Plaintiff, to participate in Scouting and enter into a
commercial relationship, which included Scouts paying an annual membership fee and other
fees, and making required purchases, in exchange for participating in Scouting. Defendants also
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created a relationship of trust and confidence with Plaintiffs by inviting them to participate in
Scouting and acting in loco parentis to Plaintiffs during Scouting activities such as camping and
hiking trips. Defendants also undertook responsibility for the safety of Scouts such as Plaintiffs
and delegated that responsibility to Scout volunteers acting under Defendants’ control.
70.
Prior to and during Plaintiffs’ abuse, Defendants actively concealed their knowledge that
abusers had been joining Scouting for decades to gain access to and sexually abuse boys, such as
Plaintiffs. When Defendant BSA added a volunteer to the IV File list for sexually abusing boys,
Defendant BSA routinely instructed the Scout Executives and other local employees and
volunteers to keep secret the reason the volunteer had been dismissed and the existence of the IV
Perversion file system. Many times, Defendant BSA then deleted, or instructed local employees
or volunteers to delete, the volunteer’s name from unit applications and rosters. Defendant BSA
also had a policy of limiting the use of the IV File system to a limited number of employees at
the BSA national office and certain local employees and volunteers. Defendant BSA had no
policies requiring or encouraging its employees to disclose the existence or functioning of the IV
File system to the Scouting community and the general public, thereby limiting the use of the IV
File system to report allegations of wrongdoing by adult Scout volunteers.
71.
Defendants also actively concealed their knowledge that Libey and other Scout leaders in
Idaho, such as Arnold and Schmidt, had been accused of sexually abusing Scouts prior to
Plaintiffs’ abuse.
72.
Prior to and during Plaintiffs’ abuse, Defendants engaged in a decades-long public
relations campaign to represent to the government, the public, and the Scouting community,
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including Plaintiffs and their families, that Scouting was a safe and morally upright program that
was physically, emotionally, and spiritually beneficial for boys. Defendants additionally
represented that the adult Scout leaders, who were their agents, were appropriate and trustworthy
mentors and leaders for young boys.
73.
Prior to and during Plaintiffs’ abuse, Defendants conveyed the misrepresentation that
adult Scout leaders were appropriate and trustworthy mentors and leaders by selecting,
approving, and retaining certain men as adult Scout volunteers. Defendants further conveyed the
misrepresentation that Scouting was a safe and morally upright program for boys by failing to
enact or enforce common sense child abuse policies, acknowledge the existence of child sexual
abuse in Scouting, or otherwise amend the Scouting program to reduce the prevalence of child
sexual abuse in Scouting.
74.
Prior to and during Plaintiffs’ abuse, Defendant BSA also conveyed the aforementioned
misrepresentations through explicit language, such as in newspaper, magazine, radio, and
television advertisements; news articles and other media spots; BSA-published publications; and
annual reports to Congress. As examples, Defendant BSA made specific statements in various
editions of the Boy Scout Handbook — the handbook that every Scout, including Plaintiffs, 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.” This
oath is recited by all Scouts, including adult Scout volunteers, at every troop meeting and other
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Scouting events. 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. This partial list of
explicit misrepresentations is not exhaustive.
75.
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
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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 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. This partial list of explicit misrepresentations is not exhaustive.
76.
Prior to and during Plaintiffs’ abuse, Defendants also conveyed the aforementioned
misrepresentations through silence because Defendants never made any warnings to the Scouting
community, including Plaintiffs, their parents, and to the general public that adult Scout
volunteers were not always safe and trustworthy, that they might make sexual advances, or that
significant numbers of them had abused boys in the past. This partial list of omissions is not
exclusive.
77.
Defendants made these misrepresentations with the intent of inducing Plaintiffs (and
other children similarly situated), Plaintiffs’ parents (and other parents and guardians similarly
situated), and the public to rely on Defendants’ misrepresentations so that they would continue to
trust Scouting and adult Scout volunteers, and continue to participate in Scouting. Defendants
also made the misrepresentations with the intent of shielding Scouting from scrutiny to ensure
that children continued to join, to benefit Defendants’ financial position and reputation.
78.
Defendants knew the representations about Scouting, Scout leaders in general, and Libey,
Arnold, and Schmidt, specifically, were false, or made the misrepresentations with reckless
disregard for the truth.
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79.
Defendants’ knowledge of the dangers and prevalence of child sexual abusers in Scouting
and specific knowledge of the sexual abuse accusations against Libey, Arnold, and Schmidt
constituted a material fact. Had Plaintiffs and their parents been aware of such dangers,
Plaintiffs would not have entered into a relationship, or would not have continued a relationship,
with Defendants and Scouting, or would have taken steps to protect themselves from being
abused while in Scouting.
80.
Plaintiffs and their parents justifiably and reasonably relied on Defendants’
misrepresentations by allowing Plaintiffs to join Scouting, remain in Scouting, and engage in a
trust relationship with their Scout leaders Libey, Bowen, and Schmidt. Their reliance was
justified because Plaintiffs and their parents could not conduct an investigation of Defendants’
claims that Scout volunteers were safe and trustworthy, given that the records that would
disprove the fraud — e.g. Defendant BSA’s IV files — were not available to the public until
decades later; and Plaintiffs and their parents did not know of Defendants’ knowledge of their
abusers.
81.
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, Plaintiffs
John Does XXI, XXII, and XXV, Julian, and Gilroy were seriously injured and damaged.
Plaintiffs John Does XXI, XXII, and XXV, Julian, and Gilroy’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. Plaintiffs John Does XXI, XXII, and XXV, Julian, and Gilroy have incurred and
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will likely continue to incur damages. These damages include both physical and emotional
injury. These damages include general damages and such other damages as are shown by the
evidence, to be proved at the time of trial, all to Plaintiffs John Does XXI, XXII, and XXV, Julian,
and Gilroy’s general damages and such other damages as are shown by the evidence, in an amount
now unknown. Their damages include but are not limited to emotional and physical pain and
suffering, mental anguish, and disability.
82.
As a direct and proximate result of Defendant BSA’s oppressive, fraudulent, malicious,
and/or outrageous conduct as described above and as defined in Idaho Code § 6‐1604, Plaintiffs
John Does XX, XXIII, XXIV, and XXVI were seriously injured and damaged. Plaintiffs John
Does XX, XXIII, XXIV, and XXVI’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.
Plaintiffs John Does XX, XXIII, XXIV, and XXVI have incurred and will likely continue to incur
damages. These damages include both physical and emotional injury. These damages include
general damages and such other damages as are shown by the evidence, to be proved at the time of
trial, all to Plaintiffs John Does XX, XXIII, XXIV, and XXVI’s general damages and such other
damages as are shown by the evidence, in an amount now unknown. Their damages include but are
not limited to emotional and physical pain and suffering, mental anguish, and disability.
83.
Within the past three years Plaintiffs discovered and continue to discover 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 sexually abusing children in the
Scouting program. Prior to each Plaintiff’s discovery of Defendants’ fraud, each Plaintiff did not
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know and could not know that Defendants’ misrepresentations, 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 sexual abuse of Scouts
by Scout leaders was certain to occur to some degree within the Scouting program.

FIRST CLAIM FOR RELIEF
Fraud
COUNT I
Plaintiffs John Does XXI, XXII, and XXV,
Shane Julian, and Riley Gilroy against all Defendants
84.
Plaintiffs John Does XXI, XXII, and XXV, Julian, and Gilroy reallege and incorporate by
reference paragraphs 1-83.
85.
As alleged in paragraphs 70, 71, and 77-80, Defendants committed fraud by active
concealment.
86.
As alleged in paragraphs 72-75, and 77-80, Defendants committed fraud by conduct and
through explicit language.
87.
As alleged in paragraph 69, Defendants had a duty to disclose their knowledge of the
sexual abuse history in Scouting and the risk that Scouts such as Plaintiffs could be sexually
abused by their Scout leaders, to Plaintiffs John Does XXI, XXII, and XXV, Julian, and Gilroy.
88.
As alleged in paragraphs 76-80, Defendants committed fraud through nondisclosure.

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89.
As a direct result and consequence of Defendants’ fraud, Plaintiffs John Does XXI, XXII,
and XXV, Julian, and Gilroy suffered the injuries and incurred the damages described in paragraph
76.
COUNT II
Plaintiffs John Does XX, XXIII, XXIV, and XXVI against Defendant BSA
90.
Plaintiffs John Does XX, XXIII, XXIV, and XXVI reallege and incorporate by reference
paragraphs 1-89.
91.
As alleged in paragraphs 70, 71, and 77-80, Defendant BSA committed fraud by active
concealment.
92.
As alleged in paragraphs 72-74, and 77-80, Defendant BSA committed fraud by conduct
and through explicit language.
93.
As alleged in paragraph 69, Defendant BSA had a duty to disclose its knowledge of the
sexual abuse history in Scouting and the risk that Scouts such as Plaintiffs could be sexually
abused by their Scout leaders, to Plaintiffs John Does XX, XXIII, XXIV, and XXVI.
94.
As alleged in paragraphs 76-80, Defendant BSA committed fraud through nondisclosure.
///
///
///

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95.
As a direct result and consequence of Defendant BSA’s fraud, Plaintiffs John Does XX,
XXIII, XXIV, and XXVI suffered the injuries and incurred the damages described in paragraph
82.
SECOND CLAIM FOR RELIEF
Constructive Fraud
COUNT I
Plaintiffs John Does XXI, XXII, and XXV,
Shane Julian, and Riley Gilroy against all Defendants
96.
Plaintiffs John Does XXI, XXII, and XXV, Julian, and Gilroy reallege and incorporate by
reference paragraphs 1-95.
97.
As alleged in paragraphs 69, 76, 79, and 80, Defendants committed constructive fraud.
98.
As a direct result and consequence of Defendants’ constructive fraud, Plaintiffs John
Does XXI, XXII, and XXV, Julian, and Gilroy suffered the injuries and incurred the damages
described in paragraph 81.
COUNT II
Plaintiffs John Does XX, XXIII, XXIV, and XXVI Against Defendant BSA
99.
Plaintiffs John Does XX, XXIII, XXIV, and XXVI reallege and incorporate by reference
paragraphs 1-98.
100.
As alleged in paragraphs 69, 76, 79, and 80, Defendant BSA committed constructive fraud.
///
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101.
As a direct result and consequence of Defendant BSA’s constructive fraud, Plaintiffs
John Does XX, XXIII, XXIV, and XXVI suffered the injuries and incurred the damages
described in paragraph 82.
WHEREFORE, Plaintiffs pray for judgment as follows:
1.

Non-economic damages and such other damages as are shown by the

evidence by Defendant BSA for each Plaintiff separately, the exact amounts to be
determined by the jury at the time of trial;
2.

Non-economic damages and such other damages as are shown by the

evidence by Defendant LDS Church for each Plaintiff John Doe XXI, John Doe XXII,
John Doe XXV, Shane Julian, and Riley Gilroy separately, the exact amounts to be
determined by the jury at the time of trial;
3.

For Plaintiffs’ disbursements and incurred costs;

4.

Attorney fees; and

5.

For any other relief this Court deems just and equitable.

PLAINTIFFS DEMAND A TRIAL BY JURY.
DATED this 15th day of October, 2018.

/s/ Andrew M. Chasan
Andrew M. Chasan, ISB #2100
Timothy C. Walton, ISB #2170
CHASAN & WALTON, LLC
Ashley L. Vaughn, admitted pro hac vice
Gilion C. Dumas, ISB #8176
DUMAS LAW GROUP, LLC

Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of October, 2018, I caused a true and correct copy of
the foregoing document to be electronically filed with the Clerk of the Court using the CM/ECF
system, which sent a Notice of Electronic Filing to the following persons:
Andrew M. Chasan, andrew.chasan@chasanwalton.com
Timothy C. Walton, timwalton2000@hotmail.com
Gilion C. Dumas, gilion@dumaslawgroup.com
Ashley L. Vaughn, ashley@dumaslawgroup.com
Stephen R. Thomas, sthomas@hawleytroxell.com
Mindy M. Muller, mmuller@hawleytroxell.com
Tyler J. Anderson, tanderson@hawleytroxell.com
Wade L. Woodard, wlw@aswblaw.com
Steven B. Andersen, sba@aswblaw.com
/s/ Andrew M. Chasan
Andrew M. Chasan

CERTIFICATE OF SERVICE