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SUPREME

COURT

COUNTY

MARK

OF

OF THE

JOHN

WAGNER;

AND

WAGNER;

STATE

NEW YORK

OF

NEW YORK

PAUL

D.

CAROLINE

WAGNER;

Index

WAGNER,

No.:

Petitioners,

ACTION
ROCKEFELLER

THE

UNIVERSITY

ROCKEFELLER

UNIVERSITY

ROCKEFELLER

INSTITUTE

HOSPITAL

ROCKEFELLER

INSTITUTE

FOR

RESEARCH
THE

THE

f/k/a

ROCKEFELLER

INC.

CLUB,

JOHNS

HOSPITAL

AND

f/k/a

THE

f/k/a

ROCKEFELLER

INSTITUTE;

THE

&

LLP;

&

f/k/a

MADISON

CLUB;

SQUARE

KINSEY

ARCHIBALD;

LAWRENCE

ARCHIBALD

RUTH

INSTITUTE;

EVELYN

ARCHIBALD;

individually

and

the

ESTATE

and

Representative;

BOYS

GIRLS

INDIANA

UNIVERSITY;

UNIVERSITY;

MASTER

INJUNCTION

MEDICAL

INSTITUTE;

HOPKINS

DISCOVERY,

INDEPENDENT

DEBEVOISE
FOUNDATION;
MADISON
SQUARE
BOYS

ROCKEFELLER
PLIMPTON

THE

a/k/a

PRE-

FOR

PETITION

v.

in her

as Personal

capacity

OF REGINALD

ARCHIBALD,
Respondents.

Petitioners

Article

against

4 of

Respondents

Rockefeller

Institute

Rockefeller

Institute;

f/k/a

Madison

and

by

New

York

f/k/a

Rockefeller

Square

through

their

Boys

Club

The

a/k/a

Rockefeller

Institute;

The

LLP

and

Institute

("Debevoise");

Johns

("MSBC");

1

1 of 32

for

Hopkins

verified

this

Research

Foundation

Madison

their

petition

proceeding

Hospital

University

Medical

Wagner

file

("C.P.L.R."),

Rockefeller

Rockefeller

for

attorneys,

Rules

Paul

and

Wagner,

undersigned

Law

Practice

The

Plimpton

Caroline

Wagner,

University

Hospital

&

D.

Civil

Rockefeller

Debevoise

"Rockefeller");

Inc.

the

John

Wagner,

"Petitioners"),

(collectively
under

Mark

f/k/a

f/k/a

The

The

(collectively

Square

University

Boys

("JHU");

&

Girls

Indiana

Club,

 INDEX NO. 154315/2019

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University;

Kinsey

individually

and

("Estate")

in her

and

and

upon

allege

Evelyn

Archibald;

Representative,

and

"Respondents"),

information

Lawrence

Archibald;

as Personal

capacity

(collectively
upon

stated,

Ruth

Institute;

the

of

Estate

personal

their

Archibald,

Reginald

knowledge

Archibald

where

and,

as follows:

belief,

INTRODUCTION
l.

John

Wagner,

abuse

sexual

the

other

1940

D.

of

("Dr.

Respondents.

This

proceeding

arises

most

and

present

the

other

outrageous

purpose

Hospital

employed

Dr.

working

at Respondent

examinations.

Dr.

to

I Dr.
Archibald

with

During

so

did

his

began working

Dr. Archibald
medical

over

Dr.

thousands

naïve

and

by
and

children,

by

using

working-class

and

molested

and

parents

to

of

their

for

University
year

guise

the

Rockefeller

career

abused

sexually

children

extreme

Debevoise

plus

forty

under

name

entrust

Archibald

and

and

repeatedly

Petitioners

prestige

Dr.

of

offensive,

that

of

University

Rockefeller

Throughout

the

between

perpetrated

victims

liability.

by

complicity

at Rockefeller

a highly

Mark

harmed

and

Rockefeller

its

shield

Petitioners

been

cover-up

other

Respondents

of

negligence

and

of

including
the

have

countless

receipt

Archibald

of

who

the

abuse

years.

forty

behalf

endocrinologist

and

at them

for

the

of

pediatric

Rockefeller

Archibald

Archibald

and

on

of

at

patient

University
to

his

care

at

facilities.

and as an assistant
JHU.

benefit

likely

Archibald")

transmission

directed

to

persuade

Respondents'

2.

the

by

Wagner

Petitioners

Rockefeller,'

if not

hundreds,

Hospital

Respondents.

relief

Paul

out

a

Archibald,

correspondence

than

least

Dr.

by

harmed

recently

other

no

and

Wagner,

Archibald

the

injunctive

seek

Reginald

and

Hospital,

Caroline

Wagner,

to

proceeding

Dr.

through

were

is a special

This

resident

time

at the Rockefeller

physician

later retumed

staff privileges

alone

until

from

these

Institute

1941-1946.

to Respondent
1982.

with

took

Archibald

nude

and

Research as a visiting
investigator
in 1940,
1946 to 1948, Dr. Archibald
worked at Respondent

for Medical

From

Rockefeller

He became

Dr.

children,

professor

as senior
emeritus

1987.

2

2 of 32

physician
in

and

professor

1980 and senior

from

physician

1948-1980,
emeritus

in

 INDEX NO. 154315/2019

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pornographic

photos

3.

staff

were

Petitioners

5.

Dr.

6.

Respondent

Archibald

and

with

2004,

earlier

7.

photographed

This

victims.

contacted

statute

of

to

the

unsuspecting

9.

The

child

before

then.

sophistication

another

2

Dr. Archibald

Respondent

Child's

abuse

as

Dr.

Archibald's

claims.

Such

six-month

these

between

for

Rockefeller

Act

abuse

survivors

when

statuses

until

not

was

older)

was

enacted

on

this

law

will

there

such

died in 2007.

3

3 of 32

14,

a

worthy

new

the

2019

and

six-month

goals

of

reached

2019

out

time

but

knowledge

period

permitting

the

of

resuscitated

August

in

child

window

and

Archibald.

disparity

the

Respondents

Dr.

in

and

notified

oversight.

actionable

This

Archibald's

abused

Respondents

re-open

of

is

had

Debevoise

survivors

living.2

still

groundbreaking

Respondent

Respondents.

has

that

would

in

2018.

neutral

February

Dr.

Archibald

York's

and

become

period,

the

2018

likely

much

and

Fall

New

of

(now

waiting

Dr.

latest

very

was

revoked

in October

that

at the

Archibald

only

immediate

re-engaged

claims

Dr.

Rockefeller

passage

S2440),

Archibald

when

Dr.

investigated

Debevoise,

Dr.

by

1990's,

necessitates

that

Victims

this

During

it was

and

unrepresented

and

mid

knowledge

care,

Act,

abuse

emeritus"

knowing

Victims

(Child

sexual

opportunity

in their

survivors,

limitations.

well

Rockefeller's

Petitioners.

Respondent

belief,

earlier

is no coincidence

law

facility.

Respondent

as

Respondent

sexual

to the

physician

timing

abuse

barred

and

"senior

of

with

of

back

dating

children

victim

years

many

photographs

photographs

allegations

naked

Archibald

for

belief,

Rockefeller's

Archibald.

along

Respondents'

Despite

8.

nude

information

and

Dr.

by

Rockefeller,

credible

emeritus"

"professor

and

inapprepriate

molested

took

allegations

Upon

at Respondent

silent.

Archibald

found

the

of

were

4.

them

kept

information

aware

remained

yet

misconduct,

and

Petitioners'

Upon

members

victims

of his

must

survivors

not

and

not

be

to

 INDEX NO. 154315/2019

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their

make

claims.

10.

1,000

Petitioners

11.

September

dated

12.

law

that

recipient

the

Respondent

what

their

abuse

for

the

six-month

of

and

counsel

their

15.

3 "Generic
*

period.

The September

to

Petitioners

Dr.

of

patients.

be put

included

as

now

nor

such,

the

to

was

accused

Letter

did

Letter

inform

advise

not

Petitioners

of

for

a

Hospital-

University

the

did

letter

out

reaching

did

Respondent

information

contact

Rockefeller

Glaringly,

were

Rockefeller

that

who

Rockefeller

September

to.

indicated

Archibald,

letter

The

Rockefeller

Respondents

Rockefeller

Letter

and

constituted

were

unaware

distress

Petitioners

September

into

Dr.

but

rather

information

Letter,"

Rockefeller

and

attached
Letter

not

of

after

identify

Petitioners

imminent

the

of

knowing

did

at discovery

imminent

not

and

advise

change

re-traumatized

the

prior

information

Debevoise

to the

in the

Petitioners

that

not

expiration

of

law.

they

should

Debevoise

to Respondent

did

Petitioners,

represent

retain

as part

Petitioners'

Rockefeller's.

none

belief,

as Exhibit

is attached

of the

Respondent

Respondent

wounds

an attempt

volunteered

Archibald.

and

re-opened

Letter

Rockefeller

contacted

they

interests,

Rockefeller

for

Respondent

from

Letter").4

patients

Petitioners'

would

emotional

Upon

letter

the

Debevoise)-representing

call.

September

investigation

victims'

former

to at least

time.

long

before

of

Letter

were

as counsel

or why

The

14.

legal

law

The

severe

causing

other

could

a very

13.

recipients

information

in the

versions

of

correspondence3

mailed

Petitioners.

Rockefeller

(Respondent

Debevoise

uses

change

firm

copies

Rockefeller

with

Rockefeller

including

("September

the

conduct

and

Archibald,

September

believed

inappropriate

lawyer

2018

Respondent

2018,

received

26,

The

Rockefeller

of

of Dr.

patients

former

Fall

the

During

of

l.

as Exhibit

2.

4

4 of 32

the

victims

who

received

correspondence

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Debevoise

in Debevoise's

participating

A

16.

that

second

Respondent

conduct

you

investigation's

complete."

mention

of

Dr.

and

referenced

altered

related

it indicates

that

the

the

and

rise

to

families

the

factual

destruction

business

that

one

principal

special

the

5

of

the

State

and

Venue

lies

within

19.

in

Jurisdiction

or

more

office

proceeding;

in

this

Respondents

located

in

and

the

C.P.L.R.

9, 2018

Letter

("Noycir,ber

the

to

with

share

investigation

of

is

appointment

and

missing
of

is also

deceased

the

are

in their

have

archives

a special

notice

master;

necessary.

findings

its

investigation;

Archibald

conduct

or

no

database,

Dr.

Respondents'

warrant

the

archives

publications

AND

Preservation

and

any

of

chronology

Court

is found

the

Court

are

State

§509

upon

to

authorized

and

in

C.P.L.R.

to

transact

of

County
that

C.P.L.R.

described

acts

pursuant

VENUE

New

Petitioners

§ 302
within

here

§§

in that

business

York;

has

Rockefeller

Letter"),

attached

5

5 of 32

(c)

in

C.P.L.R

designated

as Exhibit

3.

Respondents

this

503(a),

trial.

November

Rockefeller]

plan

when

indicated

is necessary.

committed

this

"We

Hospital

searchable.

now

JURISDICTION
18.

2018,5

9,

Respondent

that

privacy,

are

victims

to

[of

say

photographs

and

related

to

archived

not

are

that

former

on

University

no

photographs

of records

before

Debevoise.

available;

record

counsel

legal

November

counsel

patient

Rockefeller

wumus

other

went

letter

by

potential

spoliation

of

shared

dated

legal

protecting

extensive

currently

and

to the

while

is

and

evidence

the

of

"external

The

been

with

consult

Rockefeller

as the

conclusions,

Archibald

give

to survivors

Respondent

acting

has

to

of Archibald.

investigation."

investigation

self-serving

all

was

a review

In

correspondence

that

from

No information

17.

been

letter

a full

to

in

investigation

Debevoise

retained

the

advised

were

transact

State.

and

this

(d)

and

other

laws

State

and

have

their

506

New

in

York

that

this

County

is

for

a

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PARTIES
20.

Petitioner

patient

of

Archibald's

years

he

In

21.

years

eleven

in

Archibald

Dr.

in

together

Institute

Paul

he was

four

nine

old

years

When

years.

condition

him

to

a

hair

Dr.

was

Wagner

by

Dr.

became

remained

and

Mark

characterized

brought

He

Massachusetts.

Dudley,

time

mother

of

Rockefeller

of

period

of

loss

eight

that

can

at Rockefeller

Archibald

time

at or

around

of

Dublin,

He

California.

Berkeley,

the

time

he

was

was

a patient

of

approximately

he was

D.

she

in which

is a resident

of

thirteen

Caroline

Wagner,

was

years

fourteen

once

old.

He

years

Paul

and

examined

was

Maryland.

or

Wagner,

She

fourteen

Kensington,

approximately

Rockefeller

Hospital

at

York.

f/k/a

York

1230

The

Rockefeller

Respondent

Rockefeller

York,

corporation

Rockefeller

Institute

for

New
formed

was

examined

old.

are

Wagner

all

siblings

Hospital

University

Medical

Research

York

10065.

under

and

Hospital"

University

under

Rockefeller

Institute

New

Ave.,

"Rockefeller

operates

a/k/a

University

not-for-profit

and

University

Respondent

time

Ohio.

as children.

located

New

is a resident

the

Wagner

John

Wagner,

is a domestic

University

is a resident

Wagner

when

1971,

Institute

is

a brief

at or around

Respondent

Rockefeller

York.

of

the

a

Alopecia,

Wagner

Caroline

1969,

Mark

25.

26.

in

Archibald

lived

State

for

1970,

Petitioner

24.

who

around

Wagner's

D.

John

Petitioner

23.

by

resident

approximately

with

Mark

a

old.

22.

Dr.

of

diagnosed

Petitioner

Archibald's

Dr.

at or

1968,

a period

response,

is

Hospital.

University

by

was

total.

in

for

patient

old,

become

Archibald's

Dr.

Wagner

Mark

Respondent

governed

is

f/k/a

by

f/ka

Rockefeller

Rockefeller

the

a

division

of

York

Ave.,

New

laws

of

the

Respondent

its charter.

Institute

is

located

is a domestic

6

6 of 32

at

not-for-profit

1230

corporation

formed

York,

under

New
and

 INDEX NO. 154315/2019

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governed

RECEIVED NYSCEF: 04/26/2019

by

the

27.

York.

and

laws

Respondent

governed

by the

28.

Respondents

Rockefeller

laws

Rockefeller

Institute;

Foundation

of the

ofNew

State

Rockefeller

f/ka

at 420

Fifth

not-for-profit

New

Ave.,

New

York,

corporation

formed

University

Hospital

under

York.

a/k/a

University

Rockefeller

Institute

Rockefeller

the

Rockefeller

as the

"Rockefeller

and

Institute;

is located

is a domestic

Foundation

Hospital

Institute

York.

Rockefeller

Rockefeller

Respondent

ofNew

State

of the

for

Medical

Foundation

f/k/a

Research

are

f/ka

Rockefeller

referred

collectively

to

as

"Rockefeller."

29.

and

it was

Institute

was

for

federal

by

patents,

and

by

"free"

hospital

was

at one

32.

of the

or

control,

joumals;

memoranda;

complaints

law

to

in

laboratory
enforcement

concerning

and

or

any

and

research

From

a part

1958

known

by

founded

the

of

to

1910,

"Rockefeller

the

1965,

its

in

institution

present

the

name,

and

results;

medical

national

through

prominent

the

and

struggling

of

prominence

get

from

bonds.

a

as

to

institute

royalties

donors,

issuance

families

research

clinical

leading
sons

their

treatment

hospitals.

and

regulatory

alleged

It was

from

prestige

young

information

physical

been

leading

market

public

Hospital's

tests

a

is

on the

premier

both

1901.

has

donations

influence

country's

it

philanthropic

University
used

in

and

Hospital

money

Petitioners'

Upon

possession,

records;

borrowing

was

1965.

since

money,

Rockefeller

31.

research

grant

Hospital."

founded

Institute,"

University

Hospital"
University

Institute

was

which

Hospital,"

Rockefeller

funded

"Rockefeller

"Rockefeller

University

30.

and

the

as

the

Research,"

Medical

known

known

called

originally

"Rockefeller

for

is now

What

Respondent

belief,

electronic

notes;

reports;

agency

misconduct

of

formats,

research;

against

7

7 of 32

is still

Rockefeller

relevant

patient

photographs;

files;

internal

investigations-public

Dr.

Archibald

in custody,

investigative

or

and

any

medical

private,

memoranda

 INDEX NO. 154315/2019

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associated

data

and

related

33.

at

limited

liability

Debevoise

Whitney
35.

in

control,

journals;

associated

data

Floor

Club

is

economic

2,

save

to

York,

under

and

and

or social

At

and

Rockefeller

Dr.

39.

on

New

to

the

all

its client

Square

Boys

&

governed

MSBC's

the

are

relevant

York.

most

times

New

of

in need

of

laws

"The

website,

lives

Girls

of New

State

in

York.

lawyer

York

custody,

Eli

possession,

medical

files;

internal

records;

investigative

or

well

as other

Inc.

MSBC

is

of New

City

of

private,

memoranda

any

documents

relevant

Rockefeller.

Club,

State

and

Archibald

Dr.

mission

York

a registered

is

a

at

domestic

Third

733

not-for-profit

York.

Madison

boys

located

and

Square

Boys

&

by

reason

who

girls

Girls

services."

its

of

the

is

New

patient

Respondent

Respondent

the

by

the

is still

as

summaries;

of

Debevoise

of

offices

primary

investigations-public

against

on behalf

New

enhance

factors

and

its

photographs;

reports;

misconduct

documents

University.

relevant

notes;

agency

interviews

Madison

According

38.

office

employee

formed

37.

regulatory

alleged

any

Respondent

corporation

or

research;

with

prominent

the

Debevoise

of

relevant

other

firm

laws

Rockefeller

formats,

results;

law

a

by the
was

of

as

Respondent

Respondent

belief,

to its investigation,

related

36.

Avenue,

and

York.

Debevoise

as a trustee

well

Rockefeller.

is

governed

and

electronic

and

enforcement

therewith;

under

and

concerning

New

York,

served

tests

law

LLP

Plimpton

Respondent

once

physical

laboratory

complaints

of

information

both

memoranda;

and

who

Upon

&

formed

founder

as

summaries;

at Respondent

New

Avenue,

and

employment

Debevoise

partnership
The

interviews

Archibald's

Third

919

34.

and

to Dr.

Respondent

located

or

employee

therewith;

MSBC

Respondent

made

patient

referrals

to

Respondent

Archibald.

Archibald

premises

where

was

he

a fixture

was

at Respondent

present

most

MSBC

weekends.

8

8 of 32

for

Dr.

decades,

Archibald

with

his

recruited

own

private

his

victims

of

 INDEX NO. 154315/2019

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NYSCEF DOC. NO. 1

for

RECEIVED NYSCEF: 04/26/2019

"studies"

his

served

or

records;

complaints

associated

data

where

belief,

Respondent

he acted

as the

doctor"

"pool

and

Baltimore

City,

and

Dr.

as

as

relationship

in

custody,

files;

medical

internal

investigative

investigations-public

against

summaries;

still

patient

relevant

photographs;

reports;

misconduct

MSBC

notes;

agency

interviews

Johns

he took

or

a job

in

spent

two

well

or

and

Archibald

a referral

is

University
of

Maryland

and

of

career

to Dr.

years

at Respondent

as other

memoranda

any

relevant

agent

to

not

for

Dr.

private,

documents

Archibald

and

a

private

its

has

profit

place

principal

corporation

of

business

in

and

tests

or

any

employee

Archibald's

Indiana

and

and

physical

from

away

Respondent

interviews

employment

University

notes;

and

against

summaries;

at Respondent

is a multi-campus

Indiana.

9

9 of 32

relevant

is

Rockefeller

still

patient

investigations-public

Dr.

as

well

as other

custody,

files;

medical

or

and

Archibald

in

investigative

internal

photographs;

reports;

agency

misconduct

of

formats,

research;

regulatory

JHU

Respondent

belief,

electronic

results;

alleged

his

JHU.

information

both

concerning

Respondent

44.

State

enforcement

therewith;

related

the

of

laboratory

law

complaints

Hopkins

Petitioners'

control,

journals;

memoranda;

laws

Archibald

Upon

possession,

of

research;

regulatory

of

formats,

is

Maryland.

1946,

43.

data

electronic

results;

alleged

Respondent

the

Dr.

42.

associated

and

MSBC

Rockefeller.

under

records;

or

any

Respondent

in

and

employee

to

related

organized

State

MSBC

and

physical

tests

concerning

41.

and

both

enforcement

therewith;

Respondent

and

Respondent

information

laboratory

law

memoranda;

in

control,

journals;

when,

Petitioners'

Upon

possession,

and

from

as a trustee.

40.

and

"research"

and

any

relevant

private,

memoranda

documents

JHU.

public

university

system

in

the

 INDEX NO. 154315/2019

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45.

Respondent

Indiana

University

46.

Respondent

Kinsey

Institute

The

Institute

of

state

by

Kinsey

Rockefeller

the

48.

children

49.

possession,

medical

records;

investigative

and

documents

and

51.

Rockefeller

53.

law

is the

to Dr.

Upon

and

information

both

Archibald

carried

both

in the

in the

incorporated

who

Kinsey

was

a sex

researcher

and

Dr.

out

similar

were

Kinsey

research

funded

the

by

involving

young

nude.

Institute

Kinsey

illegal

tests

of

Petitioners'

and

any

and/or

electronic

results;

a large

has

of

sex

is still

in

library

notes;

interviews

Archibald

and

his

and

clinical

relevant

internal

Archibald

Dr.

as well

and

as other

as a physician

practice

files;

investigations-public

against

summaries,

patient

photographs;

reports;

agency

University

of

formats,

misconduct

alleged

Indiana

research;

regulatory

employee

any

relevant

and

professor

JHU.

conduct

Dr.

and

or

belief,

of

Archibald

the

Rockefeller

research

including

Ruth

Institute

Kinsey

physical

and

Hospital

daughter

belief,

concerning

related

Respondent

Alfred

Respondent

enforcement

therewith;

in the

and

belief

laboratory

complaints

University

participated

in

control,

journals;

Upon

Dr.

by

Dr.

them

and

Rockefeller

at Respondents

Archibald

or

data

belief

time

and

information

associated

memoranda

52.

corporation

nonprofit

pornography.

memoranda;

private,

founded

photographed

child

Upon

custody,

same

information

and

research

and

at the

and

Upon

50.

and

Institute.

Kinsey

Foundation.

Foundation

vulnerable

or

is a domestic

was

information

Upon

Rockefeller

based

to the

Indiana.

47.

funded

is home

Dr.

from

Dr.

Foundation

Archibald

funded

and

therefore

research

at

supported

Archibald.

resides

in

Rochester,

Minnesota.

Ruth

Respondent

Archibald.

information

and

belief,

10

10 of 32

Respondent

Ruth

Archibald

is

still

in

 INDEX NO. 154315/2019

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custody,

possession,

medical

records;

investigative

or

private,

and

54.

55.

medical

records;

and

physician

Archibald

Dr.

law

custody,

possession,

medical

records;

his

Archibald

and

as other

clinical

any

relevant

practice

Respondent

Texas.

Houston,

to

related

or

as a

Lawrence

of

Dr.

regulatory

alleged

deceased

Rockefeller

resides

and

was

relevant

files;

internal

his

and

Archibald

as well

and

patient

in

investigations-public

Dr.

summaries;

is still

photographs;

against

Archibald

and

Archibald

Archibald

misconduct

father-Dr.

notes;

reports;

agency

and

of

formats,

research;

results;

Archibald

Lawrence

electronic

interviews

employee

his

and

and

any

Respondent

belief,

physical

enforcement

Evelyn

Upon

and

internal

JHU.

in

resides

Dr.

as well

summaries,

files;

investigations-public

against

Archibald

and

and

concerning

wife

father-Dr.

tests

laboratory

Respondent

the

and

Rockefeller

both

at Respondents

Archibald's

investigative

in

control,

professor

was

57.

deceased

Archibald

therewith;

data

interviews

information

journals;

associated

and

56.

Petitioner's

or

misconduct

patient

photographs;

reports;

agency

relevant

notes;

research;

regulatory

of

formats,

Archibald.

complaints

and

documents

Dr.

memoranda;

memoranda

of

of

son

possession,

private,

her

Lawrence

Upon

investigative

to

Respondent

custody,

or

related

results;

alleged

any

employee

therewith;

at Respondents

is the

or

concerning

electronic

and

and

tests

enforcement

professor

and

Archibald

law

associated

data

physical

laboratory

complaints

and

physician

journals;

both

in

control,

memoranda;

memoranda

documents

or

as other

clinical

any

relevant

practice

as

a

JHU.

in

Texas.

Katy,

appointed

serve

to

Respondent

as Personal

Evelyn

Representative

estate.
Petitioners'

or

journals;

memoranda;

information

control,

in

both

laboratory
law

enforcement

and

physical

tests

and

and

or

Respondent

belief,

electronic

results;

regulatory

1I

11 of 32

formats,

research;

agency

Evelyn

notes;

reports;

of

Archibald

relevant

is

patient

photographs;

investigations-public

still

files;

internal

in

 INDEX NO. 154315/2019

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or

RECEIVED NYSCEF: 04/26/2019

and

private,

memoranda

associated

and

documents

clinical

at

No.

The

60.

death.

on

May

10,

re

In

was

wife,

for

is responsible

as well

and

was

any

relevant

Archibald

and

his

estate

of

JHU.

and

to

refers

M

the

Olmsted

in

residing

Reginald

of

as other

estate-Dr.

"Estate")

and

Archibald

County,

Archibald,

Deceased,

Court).

granted

named

on

Representative

as Personal

liabilities

with

associated

Respondent

2008.

31,

January

of the

Dr.

Estate.

Archibald

at the

time

death.

61.

Petitioners'

Upon

journals;

both

in

control,

associated

employee

professor

related

the

to

research;

regulatory

alleged

any

at Respondents

and

interviews

and

Alisconduct

62.

the

Dr.

to Dr.

Pertaining
Archibald

"Rockefeller

began

University

notes;

patient

against

possession,

medical

internal

Dr.

Archibald

well

clinical

records;

investigative

or

investigations--public

as

his

custody,

files;

photographs;

reports;

and

in

is still

and

any

as other

relevant

practice

as

private,

memoranda

documents

a physician

JHU.

FACTUAL
A.

Estate

relevant

summaries,

Archibald

Rockefeller

of

agency

misconduct

decedent-Dr.

the

belief,

formats,

results;

or

concerning

and

electronic

and

enforcement

therewith;

data

and

tests

law

coiiiplaiilts

information

physical

laboratory

memoranda;

(later,

his

(the

were

all

Dr.

Rockefeller

Estate

District

Testamentary

decedent's

and

2007,

the

against

summaries;

husband

Archibald

County

Letters

and

at Respondents

See

(Olmsted

Estate

deceased

Reginald

of

misconduct

interviews

professor

his

of

the

Archibald,

and

died

Estate's

The

Evelyn

and

time

the

her

both

who

55-PR-07-12354

59.

and

to

Estate

Archibald,

alleged

any

employee

as a physician

Dr.

Minnesota

of his

related

Respondent

decedent

Case

concerning

therewith;

data

practice

58.

or

complaints

ALLEGATIONS

Archibald

working

Hospital")

at the

"Rockefeller

as a visiting

12

12 of 32

Institute

investigator

for

in

Medical

1940,

and

Research"

at the

and

 INDEX NO. 154315/2019

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as an assistant

Hospital

at Respondent

worked

Rockefeller

at the

63.

management,

Dr.

on

and

to,

was

65.

guise

"free

of

67.

the

to his

from

worked

in

was

Dr.

1948,

with

Dr.

Archibald

to Respondent

returned

granted

for,

to

1948-1980,

emeritus

Rockefeller

Dr.

not

all

medical

staff

the

Archibald

honorary

1987.

employed

by,

under

its direct

supervision,

around

childhood

growth

at Respondent

during

his

older

and

acted

as an

pediatric

northeast.

Dr.

in academic

maturation,

endocrinologist

Archibald

contributed

publications.

Dr.

Rockefeller,

and

Archibald

treated

career.

were

who

children

siblings

a preeminent

in the

articles

scholarly

children

was

specialists

tenure

Many

had

centered

Archibald

best

of the

numerous

patients

seen

referred

were

who

by

were

also

Dr.

Archibald

to Dr.

suffered

Archibald

"treated"

being

by
Dr.

by

from

the

Respondent

Archibald

MSBC
under

treatment."

Respondent

at-large

community
Respondent

repute.

one

his

who

Archibald

research

stature.

short

conditions.

children

later

Rockefeller

physician

Respondent

clinical

published

However

aforementioned

the

of

9,000

66.

or were

Archibald's

Throughout

approximately

Dr.

of

considered

and

authored,

times,

Archibald

professor

senior

1946

control.

and

children

widely

and

servant

agency,

64.

focusing

material

and

employee,

agent,

all

Dr.

Respondent

1980

From

1941-1946.

University

1982.

in

from

University.

and

until

emeritus

At

Hopkins

physician

Hospital

of professor

physician

Johns

as a senior

privileges

title

resident

Rockefeller

that

Dr.

Rockefeller

represented

Archibald

was

to Petitioners

safe,

that

Dr.

their

and

trustworthy,

represented

implicitly

and

of

parents,

high

Archibald

was

moral

not

patients,

and

a sexual

and

ethical

threat

patients.

68.

competent

Petitioners

and

ethical

had

physician

no

reason

under

to suspect

the

that

of

employ

Dr.

Archibald

Respondent

13

13 of 32

was

anything

Rockefeller.

other

than

a

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69.

This

vulnerable.

and

cohort

were

They

of patients,

of thousands

too

to know

young

the

was

Petitioners,

including

difference

between

incredibly

a legitimate

medical

practice

molestation.

70.

their

his

During
in order

clothing
71.

Dr.

examinations

to conduct

Archibald

Archibald

took

nude

72.

Dr.

Archibald

measured

73.

Dr.

Archibald

photographed

74.

Dr.

Archibald

required

Paul

Wagner

Dr.

Archibald's

his

victims

all

to remove

of

exam."

a "physical

Dr.

require

would

and

explicit

sexually

of his

photographs

victims,

including

Petitioners.

and

Wagner,

75.

Rockefeller's

Respondent

76.

Dr.

77.

Upon

were

members

78.

Upon

pornographic

patients

79.
medical"

explaining

the

Archibald

Petitioners'

of

from

in his

place

Mark

Wagner,

explicit

positions.

Wagner,

Caroline

be photographed

could

they

and

office

Dr.

Rockefeller's

information

and

Archibald's

and

information

Archibald

at Respondent
"treatment"

Respondent

80.

took

D.

the

erect.

while

fully

examination

nude.

rooms

at

Dr.

sexual

belief,

Archibald

other

belief,

abuse

was

of

taking

Respondent

he was

Rockefeller

was

his

while

victims

abusing

his

victims.

children.

abusing
aware

his

staff

Rockefeller

time

at the

Respondent

while

equipment

of

the

victims

and

nude

were

still

hospital.

Dr.

care

so that

in sexually

victims

John

Respondent

used

photographs

of the

female

and

facilities.

Archibald

aware

his

flaccid

both

genitals,

Petitioners

to disrobe

abuse

victims'

his

sexually

out

carried

Dr.

Rockefeller.

or obtaining
Rockefeller

abusing

of these

of all

Archibald

informed

had

pediatric

the

acts

consent

authority,

patients,

and

14

14 of 32

under

carried

from

duty

from

the

guise

of "providing

out

these

acts

his

and

taking

without

free

fully

patients.

the

to prevent

ability
nude

and

pornographic

Dr.

 INDEX NO. 154315/2019

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photographs

of pediatric

81.

abusive

behavior,

82.

his

regarding

and

affirmatively

so,

to continue

ignored

for

this

heinous

Dr.

he took,

photos

Archibald's

Dr.

Rockefeller

supervised

reasonably

Rockefeller.

unabated.

Archibald

nude

at Respondent

Respondent

belief,

Dr.

the

and

career

and

and

Rockefeller

conduct

abusive

to occur

disciplined

Respondent

Archibald's

to do

information

or otherwise

Had

failed

abuse

Petitioners'

terminated,

83.

the

allowing

Upon

warned,

him

Rockefeller

Respondent

Dr.

throughout

patients,

never

conduct.

and

Archibald

it would

suspended,

have

investigated

prevented

further

abuse.

84.

Upon

conspired

avoid

tolerance

of child

sexual

and

victims

seeking

from

action

caused

proximately

Esteemed

Child

Doctor,

multitude

of

abuses

knowledge

of such

Archibald's

abuse

B.

6

public

the

have

Subsequent

sexual

the

Sexual

Abuse

committed

since

by

dating

and

assaults

York

Claims

Dr.

Archibald,

back

to the

That

and

for

injuries

of

Other

for

Knowledge

of

Dr.

Archibald's

Investigation

See https:#www.nytimes.com/2018!l0118!nyregion/dr-reginald-archibald-rockefeller-abuse.html.

15

15 of 32

Rockefeller's

news

and

avoid

prevent

that

were

Archibald.

report
Years"6

titled

"An

detailing

Rockefeller's

reports

followed.

Rockefeller's

Dr.

a bombshell

Knew

public

ultimately

as Respondent

1990's.

block

of propriety,

misconduct

published

as well

mid

sense

have

Respondent

of

Respondents

a Hospital

Debevoise

detection,

enforcement

related

Times

and

disclosure

law

the

and

inhibit

a false

preserve

against

New

and

the

including

relief

legal

18, 2018,

avoid

abuse,

authority

Rockefeller

avoid

acts,

publicity,

and

heinous

complaints

Reseendent
and

negative

appropriate

by

wrongful

molestation

by

On October

85.

and

Respondents

belief,

Archibald's

scandal

investigation

the

Dr.

to conceal

disclosure,

and

information

Misconduct

detailing

Dr.

 INDEX NO. 154315/2019

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On October

86.

that

indicating
inappropriate

conduct

87.

[it]

was

informed

of

Protections,

Manhattan

District

Respondent

information

to the

U.S.

U.S.

Attorney's

Archibald

as a part

of

abuse

the

90.

in the

determined

7

Statement

as Exhibit

former

that

that

regardilig
4.

were

it was

U.S.

See

its

review

patients,

located,

likely

Dr. Reginald

the

engaged

of

propriety

the

some

Archibald

the

Statement")7

5th

certain

in

stated

that

certain

of

"[i]n

2004,

Dr.

Office

federal

Medical

legal

Human

of

and

Conduct,

retained

also

still

was

and

Office

offer

against

testify

Resp0ñdêñt

alive)

could

they

Dr.

the

counsel,

of New

had

York.

as part

If it had

could

victims

of a

Rockefeller

(a then

did

notified

not

the

Dr.

living)

have

did

corroborating

Archibald

prosecuted

Archibald's

Rockefeller

additional,

Respondent

belief,

District

Southern

sought

restitution

§ 2259.

of then-available

Respondent

notified

University

information

Dr.

18 U.S.C.

it had

of Professional

and

Attorney's

faculty,

that

[...]

Rockefeller

to the

so that

Attorney

for

that

Archibald

pornography,

prosecution.

with

1990s

child

stated

victims

upon

the

"October

allegations.

Dr.

District

and

and

Following

interviews

(while

Office

Office,

for

the

Additionally,

Attorney's

related

in 2004

potential

Manhattan

Respondent

Office

In addition,

to notify

prosecution.

the

notify

State

to investigate

attempt

Archibald

patient

also

York

in 2004

Reginald

(the

examinations."8

physical

Attorney.

a statement

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a former

by

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the

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any

58'

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Debevoise,

89.

criminal

a report

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released

examinations."

patient

during

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to learn

its October

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Research

make

of

conduct

88.

come

during

part

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Archibald's

not

have

"we

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5, 2018,

information

administrators,

and

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found

of Dr.

Archibald's

from the Rockefeller

16

16 of 32

in 2004,

staff,

certain

behavior

University

and

the

including

from

two

reports

prior

"credible"

allegations

towards

Hospital

made

his

(October

patients

5,

and

was

2018),

attached

 INDEX NO. 154315/2019

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"inappropriate."9

91.

Earlier
had

year

this

not

been

appropriate

and

added

newly

processes

designed

93.

After

believed

that

"credible."

allegations

inappropriate.

2004

patients"

and

Debevoise's

Dr.

of

or what,

and

if any,

when

original

Archibald's

have

had

involved

potentially

to the

were

the

involving
further
then-existing

has

were

2004

investigation,

put

identified

existing

"safeguards

Respondent

Rockefeller

in place.

molestation

of

that

to believe

of Dr.

publicly

not

previously

they

reason

all

and

explain

a

to

[Respondent

behaviors

relating

sexual

predatory

should

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not

matter

[Respondent]

added

did

to make

the

its investigation,

Archibald's

policy

forward

reported

to the Hospital's
patients.N
to protect

was

designed

was,

to protect

A

Rockefeller

policy

Dr.

who

Archibald's,

re--engaged

and
on

of

some

patients

processes

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widespread

was

were

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conduct

that

and

University

Dr.

came

again

authorities

Statement:

of

investigation,

further...Based

of pediatric

safeguards

the

federal

patient

former

2004

the

concluded

patients

protection

what

and

to investigate

Debevoise]

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in the

In response,

5th

October

another

2018],

identified

state

Debevoise

92.

[in

report.

similar

these

Rockefeller's

to Respondent

According

Archibald's

patients

Dr.

were

Archibald's

approximate

9,000

patients.

94.

report

Another

that

engaged

was

and

95.

an agent

for

solely
96.

similar

retained

former

to the

"[S]everal

an agent

Rockefeller's

former

in 2004.

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times

benefit

[...]

and

was

on

during

came

subject
forward"

17

17 of 32

forward

in early

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time,

Rockefeller.

of Respondent

patients

that

to investigate

at all

was,

came

Archibald's

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it remains

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of Dr.

made

report

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ofad

patient

2018

and

made

a

again

Rockefeller

its behalf.

the

2004

and

It acted-and

to Respondent

as a part

of

2018

investigations,

continues

Rockefeller's

Respondent

to act-

control.

Debevoise's

 INDEX NO. 154315/2019

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2018

investigation.

were

credible

that

and

the

As

97.

Respondent

patients

2004

Respondent

conduct

investigation

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career

his

Rockefeller's

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and

to

concluded

again

Debevoise's

to believe

reason

throughout

Debevoise

that

the

reports

"inappropriate."

was

did,

significant

widespread

Respondent

C.

in 2004,

Archibald's

Rockefeller

was

it had

As

that

Dr.

consistent

Petitioners

2018

investigation

gave

Archibald's

sexual

abuse

with

to his

victims.

and

respect

Former

Patients

of

of

young

Dr.

Archibald

98.

Fall

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of

patients

Dr.

Archibald,

Helen

99.

September

Respondent

The

Rockefeller

101.

of any

former

information

be used

102.

will

against

them

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from

in future

September

notwithstanding

letter

that

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be removed

will

September

aforementioned

September

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international

is a prominent

Cantwell

as an attorney,

not

what

2018.

26,

law

nor

does

firm.

The

it identify

firm.

"information"

patients

be segregated

on

to former

does

indicate

its recipients

might

use

Respondent

decide

to "share

to preserve

the

regarding

Archibald."

Dr.

September

information

provide

counsel,

The

Ms.

identify

Rockefeller

of the

with

not

letters

sending

Petitioners

in the

which

Debevoise,

began

to

individually

is mentioned

does

as a law

September

interactions

[their]

letter

make

will

who

at Respondent

Debevoise

100.

out

reaching

Rockefeller

Rockefeller

Respondent

2018,

Cantwell,

is an attorney

letter,

of

the

provide,

future

from

Letter

their

nor

litigation

does

does

not

promise

it indicate

any

information

whether

personal

or whether

their

communications

recipient

to retain

materials,

communications,

whether

confidentiality

they

identifying

may

litigation.

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fact

that

letter

does

Respondents

not

advise

Rockefeller

18

18 of 32

the

and

Debevoise

knew

legal

the

recipients

 INDEX NO. 154315/2019

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have

may

confidential

was

103.

To

Helen

the

it was

between

104.

the

105.

the

Rockefeller

and

recipient,

the

received

letter

that

based

the

upon

Debevoise's

have

investigation

or her

Cantwell

that

steps

to

was

an

she

an attorney-client

the

despite

firm,

took

that

seen

easily

believed

likely

as a result

(and

have

could

Debevoise)

Ms.

and

York's

and

belief,

of

statute

106.

substantial

public

107.

At

was

the

fact

relationship

that

no

such

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barred

any

became

the

would

pass

more

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evident

Respondent

for

the

Child

after

and

to former

letter

that

ensure

former

patients.

Rockefeller

statute

was

of

was

limitations

a substantial

believe

that

a

that

abuse

barred.

mailed

New

York

Victims

the

Act

Legislature

would

during

its upcoming

New

2018

its correspondence,

19

19 of 32

York

state

it knew

take

likely

2019

legislative

up

from

for

legislative

and

New

Rockefeller.

and

victims-would

Archibald's

that

aware

that

aware

Dr.

Upon

Respondent

against

of

patients

Rockefeller

abuse

sexual

of various

Rockefeller

that

in high-profile

confidentiality

of any

letters,

existence

be time

the

claims

Dr.

Respondent

reports

mailed

Respondent

belief,

of the

victim

barred

claims

public-including

time

likely

and

abuse

of victims.

limitations

it sent

and

witness

Rockefeller

time

aware

ago

news

and

of

at the

of the

available

consideration,

Respondent

of sexual

victims

re-traumatization

statute

decades

possible

to preserve

information

portion

occurred

the

limitations

Upon

of the

pains

time

the

New

information

session.

who

would

with

take

prevent

At

Archibald,

publicly

and

firm,

Respondent

same.

or Respondent

recipient

should

disclosures

portion

from

sought

anyone

contrary,

a law

against

compromise

Communications

investigations

York's

remedies

existed.

relationship

such

and/or

Cantwell

and

attorney

and

Debevoise

to defeat

existed

claims

information

designed

identify

that

legal

viable,

gubernatorial

 INDEX NO. 154315/2019

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elections.

108.

window

one-year

109.

even

of the

if the

Child

of

and

aware

that

was

claims

from

the

such

under

that

likely

age

any

In addition,

Rockefeller

a certain

a

barred

a provision.

Respondents

for

abuse,

previously

it was

that

include

statute,

individuals

many

of sexual

were

aware

provided

session

claims

claims

were

would

passed

for

the

2018

the

a lawsuit

Debevoise

stripped

for

from

or whether

ultimately

provision

Act

file

limitations

Rockefeller

Act

Victims

could

petitioner

statute

Victims

look-back

were

new

would

and

under

remain

legislation.

110.

were

other

Child

of the

any

Respondents

Debevoise

the

in which

of any

irrespective

version

versions

Previous

Because

aware

that

sexual

abuse

which

supported

of

was

there

would

its previous

a substantial

result

in the

likelihood

of

gathering

petitioners'

potential

Respondents

investigations,

claims

that

sending
about

information

Respondent

against

Rockefeller

letters

the

the

and

Debevoise

to survivors

sexual

abuse

Rockefeller

of

Dr.

of

child

Archibald

in advance

of any

litigation

111.

and

that

Despite

its letter

Respondents

the

letter,

actively

journals;

Neither

and

laboratory

complaints

law

tests

public

all

and

and

sent

on

relevant

the

alleged

nor

research;

Debevoise

and

notes;

misconduct

to Petitioners

and

other

significant

victims

distress,

anyway.

Respondent

agency

letter

of recipients

letters

electronic

or regulatory

any

number

Rockefeller

updates

its

sending

a significant

results;

enforcement

concerning

it was

Debevoise

Respondents

any

preserving

cause

likely

or in subsequent

memoranda;

and

would

Rockefeller

I12.

that

its awareness

have

given

Rockefeller's

physical

photographs;

patient

internal

against

Dr.

Archibald

medical

files;

investigations-public

20 of 32

that

website,

reports;

20

indication

any

either

it was

records;

investigative

or private,

and

any

memoranda

or

in

is

 INDEX NO. 154315/2019

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associated

and

documents

113.

for

114.

115.

other

of Dr.

therefore

for

were

information

were

and

the

first

of protected

"a

health

face-to-face

of

many

September

Dr.

did

of the

abuse

who

patients

of the

of

possibility

Letter.

not

"obtain

for

an authorization

the

and

or a promotional

communication

abuse.

Letter.

former

learned

best

sexual

reminded

Rockefeller

were,

marketing,"

for

information

national

childhood

were

Archibald's

Rockefeller

Rockefeller

with

comply

abuse,

as Petitioners

September

Respondent

Additionally,

not

in the

the

not

relevant

Rockefeller.

pervasive

sexual

by

molested

did

especially

Archibald's

other

as all

at Respondent

Letter

abuse,

belief,

similarly
time

employment

re-traumatized

and

as well

summaries;

September

as victims

victims

C.F.R.

Rockefeller's

Petitioners,

letter

was

Archibald's

sexual

the

or disclosure

Letter

to Dr.

and

pervasive

Upon

116.

interviews

investigating

and

suffered,

received

related

data

Respondent

practices

they

employee

therewith;

gift

September

of

use

any

Rockefeller
value."

nominal

See 45

§ 164.508(3)(i).
117.

The

September

diagnosis

evaluation,

or treatment

"Marketing"

118.

communication

about

purchase

the

or use

1 19.

Respondent

firm's

The

Rockefeller

under

a product

product

Debevoise's

by

service."

investigation,

sent

Rule

Privacy
that

45

Rockefeller

not

pursuant

to any

current

medical

its recipients.

HIPAA

or service

or

September

sought

the

was

Letter

encourages

C.F.R.

Letter

as the

making

recipients

of the

communication

of "a

to

§ 164.501.

was

a communication

encouraged

which

is defined

the

letter's

about

a service,

recipients

namely

to use the

law

services.

120.

informed,

By

less

sending

sophisticated

the

letters,

and

Respondents

unrepresented

Rockefeller

survivors

21

21 of 32

by

and

having

Debevoise

them

manipulated

contact

a large

less

and

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prominent

law

and

compromise

121.

mid

assert

122.

Rockefeller

and

influence

But

for

exploitation

D.

of

his

years

Seeking

Rockefeller

University

125.

Mark

change

anyone

prestige

in the

of

notice

of

and

was

diagnosed

Mark's

mother

("Mark")

opinion

and

and

liability

to

Dr.

Dr.

Respondents

law,

Archibald's

predatory

heinous

Archibald's

power.

with

Alopecia

at the

age

of

eight

subjected

genitals.

126.

Dr.

Archibald

took

nude

127.

Mark

continued

John

John

come

patients

D.

their

Wagner

in for

with

D.

to

see

Wagner,

D."),

"examinations,"

diseases

like

and

Dr.

sexually

took

so that

explicit

Wagner,

a patient

Caroline

of

Wagner

Dr.

in which

until

Archibald

Caroline

became

brother

("John

exams"

to "physical

his

After

care,

to see

him

Dr.

Archibald

Hospital.

measured

128.

of

its legal

in the

survivors.

knowledge

their

started

Allegations

Wagner

expert

was

Petitioners

each

Mark

to minimize

passed

given

have

University's

and

manipulated,

that

the

now

investigation

Rockefeller's

other

to

old.

124.

E.

of

Wagner's

Petitioner

and

anticipated,

and

Mark

and

designed

ultimately

victims.

"investigating"

notwithstanding

victims

his

of the

Respondeñt

only

never

investigation

claims

Petitioners

would

patients,

Petitioner

123.

then

Debevoise

of

abuse

is now

over

the

legal

in 2007.

died

institution

the

and

in a self-serving

potential

the

Archibald

and

control

sexual

defeat

Dr.

1990's,

to participate

firm

Dr.

he Dr.

photographs

1972

and

and

Paul

Mark's.

22

22 of 32

of

was

could

and

study

abused

Dr.

Paul

touched,

Mark.

Wagner's

Archibald's,

("Caroline"),

Archibald

Archibald

at each

visit.

Allegations

Archibald

Wagner

commonalities

requested

("Paul")

of

siblings

at

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129.

abused

Dr.

by

the

D.

131.

Paul

was

similarly

132.

Paul

was

photographed

133.

Caroline

was

inappropriately

134.

Caroline

was

photographed

nude

and

photographed

in the

he was

sexually

nude.
exams"

to "physical

subjected

nude

and

nude

and

in which

he was

abused

sexually

Upon

of the

Upon

of

Upon

141.

possession

the

of

the

Petitioners'

and

Petitioners'

and

Petitioners'

nude

and

of

and

information

information

pornographic

information

pornographic

information

pornographic

Dr.

Dr.

and

Dr.

Respondent

belief,

Dr.

and

of

of

Archibald.

nude.

and

of

photographs

Dr.

by

Petitioners

information

photographs

nude

all

information

Petitioners'

nude

in the

photographs

pornographic

nude.

examined

photographs

Petitioners'

pornographic

140.

possession

pornographic

in the

information

Petitioners'

Upon

139.

passession

pornographic

Upon

and

Across

Petitioners'

Upon

138.

nude

was

Allegations

Upon

137.

the

in which

examination

Archibald.

136.

the

to physical

subjected

similarly

John

135.

of

was

Archibald.

Common

F.

D.,

130.

Dr.

by

John

Archibald's

Archibald's

Respondent

belief,

Archibald's

and

Respondent

and

Respondent

of

Dr.

JHU

of

Dr.

of

is in possession

is in possession

of

of

23

23 of 32

Dr.

Archibald's

University

is in

victims.

Kinsey

Archibald's

Respondent

belief,

Indiana

Archibald's

Respondent

belief,

photographs

MSBC

victims.

belief,

photographs

of

victims.

belief,

photographs

is in possession

Debevoise

victims.

Archibald's

and

victims.

Respondent

belief,

is in possession

Rockefeller

Institute

is in

victims.

Ruth

Archibald

victims.

is in

the

 INDEX NO. 154315/2019

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possession

Upon

is in possession

information

and

currently

contained

patient

files

that

patients

patient

files

at one

of

Dr.

Evelyn

records

and

had

of

Reginald

Archibald

victims.

pornographic

photographs

as Respondent

as well

Rockefeller.

Rockefeller

victims.

Archibald's

nude

is in

Archibald

Estate

Dr.

is in

Archibald

victims.

Archibald's

of

the

belief,

Respondent

from

Archibald's

Respondent

belief,

medical

Lawrence

Respondent

belief,

and

Respondent

then

Dr.

photographs

Petitioners'

request

can

time,

and

information

in

of

photographs

pomographic

Petitioners'

Upon

and

information

nude

Respondent

belief,

photographs

pornographic

and

the

and

pornographic

Petitioners

of

145.

and

nude

of the

144.

information

Petitioners'

Upon

possession

not

nude

of the

143.

are

Petitioners'

Upon

142.

If they

Rockefeller

were

contained

access

contemporaneous

in

to those

photographs.

146.

Respondent

147.

contain

Petitioners

and

148.

pictures

legitimate

of

medical

149.

of

many

All

Dr.

distress

of

has

late

1940's

to suffer

boys

access

and

and

to produce

at least

common

in the

original

patient

files

published

by

1950's.'2

early

belief,

the

two

stance

of

under

the

articles

palms

out,

Dr.

as described

by

victims.

acts

at Respondent

Archibald

and

naked

Archibald's

care

still

information

his

Dr.

Petitioners

emotional

in the

created

Petitioners'

Upon

Archibald

causing

were

many

considering

Rockefeller

used

his

a variety

related

physical

were

conducted

pretext

of providing

Rockefeller.

position

of

of

injuries

trust

and

including

manifestations

confidence

but

thereof,

not

in an abusive

limited

to shock,

embarrassment,

loss

manner

humiliation,

of

self-

__
12 Respondent
responsibility"
medical

record

The Rockefeller

data"
maintaining"
that "[flastidiously
of its patients "is the
the "vital
of Respondent
In this regard, Respondent
has boasted that it "has every
Rockefeller.
Rockefeller
copy."
on every patient ever seen at the hospital,
saved on microfiche,
or in original
hard
microfilm,

Rockefeller

has acknowledged

Hospital,
University
https://www.rucares.org/assets/file/newsletter

Update

Fall 2004,availableat
archive/newsletterfall2004.1097785566.1129312828.pdf.

24

24 of 32

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150.

and

Despite

allegations

was

sexual

abuse

Petitioners

to relive

of the

Letter

of

and

over,

Rockefeller

Dr.

Archibald

over

OF

prior

paragraphs

as if

154.

Dr.

155.

Upon

victims

dates

156.

back

Dr.

stated

fully

Archibald's

and

information

to the

Archibald

and

All

in a

Petitioners

had

no

contact

Petitioners'

back

forefront

of

his

traumatic

It has

mind.

forced

I
C.P.L.R.

4 3102(c)

Respondents)

incorporate

in this

sexual

and

procedures

ACTIONI3

under

Discovery

re-allege

concerns

again.

(Against

Petitioners

brought

to the

COUNT

153.

and

letter,

immediately

CAUSES

Pre-action

victims'

representatives,

policies

reporting

life.

1972.

Rockefeller

abuse

of

his

on

Rockefeller's

September

about

hands

impacts

indifferent.

deliberately

at the

the

negative

and

in violation

since

September

experiences

life

to Respondent

receipt

Rockefeller

The

152.

and

to their

Respondent

of

unaddressed

reckless

Prior

151.

enjoyment

of

complaints

went

that

manner

with

loss

disgrace,

by

reference

the

allegations

in all

contained

Count.

abuse

belief,

of

Petitioners

Dr.

Archibald's

occurred

sexual

between

abuse

1967

of

and

thousands

1972.

of

other

1940s.

has

been

dead

since

2007.

¤ Petitionen;

language of
are currently
between the age of 59 and 63 years of age and believe that the unambiguous
Petitioñêrs
2 of the Child Victims
Act permits them to bring individualized
However,
claims, immediately.
"revive[s]"
acknowledges
that Section 3 of the Child Victims
date of
Act
claims that were "barred as of the effective
section."
While Petitioners
to seek dismissal
this
do not expect Respcadcats
of any claims made timely by virtue of
Act is signed
the Child Victims
Act, they have chosen to wait six months from the date on which the Child Victims
section

claims against the Respondent
into law to bring individüã!ized
Rockefeller
and the Estate of Reginald Archibald,
by
for: (1) Sexual Abuse; (2) Assault; (3) Battery; (4) Fraud; (5) False Imprisonment;
(6) Medical
way of amendment,
and
and Retention;
Liability;
Malpractice;
Hiring,
(8) Vicarious
(9) Gross Negligence;
(8) Supervision
(7) Negligent
Punitive
Damages.
(10)

25

25 of 32

 INDEX NO. 154315/2019

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157.

of

prosecution

Upon

and

Negligent

and

160.

fact

of

parties

the

that

of

identity

are

material

danger

in significant

the

belief,

to assert

the

Negligent

other

claims

sexual

Fraud;

(4)

False

(5)

in this

assault

Supervision

these

of

Petitioners'

to

unavailable.

becoming
is in the

witnesses

exclusive

within

Court

described

provided

including:

herein,

Imprisonment;

(6)

Medical

and

(8)

Vicarious

Retention;

time

the

Sexual

(1)

the

by

Malpractice;

Abuse;

(7)

Liability;

Gross

(9)

Damages.

with

along

six-month

frame

adequately

relevant

period

waiting

require

Petitioners

information,

witnesses,

and

investigation

intend

Punitive

(10)

Among

relevant

expiration

(8)

witnesses

or are

become

and

concerning

Hiring,

other

belief,

Respondents.

Battery;

(3)

Negligence;

of

of

Act

Assault;

(2)

have

Petitioners

Victims

and

information

control

159.

Child

claims

their

158.

custody

information

Upon

their

the

names

documentation,

under

the

Child

and

sufficiently
Victims

forthcoming

complaint

information

to seek

last-known

addresses

in advance

of

to conduct

Act

name

(e.g.,

their

of the

all

the

appropriate

as respondents).

161.

witnesses

Petitioners

as soon

also

require

as possible

and

that

to ensure

that

depositions

of

witnesses

do

fact

additional

surviving
not

fact

become

unavailable.

162.

Child

Pre-action

Act

Victims

163.

their

Thus,

164.

period,

and

Petitioners

for

provides

Petitioners

claims,

forthcoming

limitations

only

is particularly

discovery

are

their

frame

to preserve

thus

seek

a one-year

entitled

in this

appropriate

renewed

statute

to pre-action

ensure

pleadings,

of

because

proceeding
limitations

discovery

to aid

compliance

with

period.

in the

the

the

prosecution

short

statute

information.

an order

under

C.P.L.R.

26

26 of 32

§ 3102(c),

compelling

pre-action

of

of

 INDEX NO. 154315/2019

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NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 04/26/2019

discovery

telephone

address,

telephone

Archibald

and

and

at Rockefeller,

documents

in their

not

including

but

research,

notes,

agency

reports,

against

Dr.

to as the

or control-in

medical

investigative

investigations

(public

or private),

and

memoranda

any

as all

other

records,

and

documents

data

Related

165.

Petitioners

166.

Respondents

memoranda,

associated

and

alleged

(c)

results,

or regulatory

misconduct

and

interviews

and

(b)

relevant

referred

collectively

in this

stated

fully

the

Court

to preserve

and

all

relevant

and

journals,

law

formats,

tests

laboratory
enforcement

concerning

therewith,

electronic

any

and

employee

reference

the

equitable

inherent

documents

but

including

results,

in their

not

research,

agency

allegations

contained

and

summaries,

27

27 of 32

Dr.

in all

to patient

and

as all

medical

internal

(public

investigations

as well

files,

any

other

all
or control-

possession,

photographs,

Archibald

to order

powers

custody,

limited

notes,

reports,

against

misconduct

interviews

Relief

Respondcats)

by

its

use

or regulatory
alleged

All

Count.

request

log

H

Injunctive

incorporate

Petitioners

physical

records,

and

re-allege

as if

paragraphs

complaints

enforcement

any

Dr.

formats,

tests

employee

((a),

all

(c)

name,

"Information").

(Against

in both

JHU,

of

electronic

concerning

therewith,

COUNT

prior

law

to the

co-workers

and

name,

at

limited

laboratory

memoranda,

complaints

not

and

journals,

to the

Archibald

and

physical

both

associated

relevant

but

Institute,

Kinsey

limited

Reginald

Dr.

subordinates

University,

files,

by

including

supervisors,

internal

Archibald

treated

not

but

including

or identities,

photographs,

as well

summaries,

Indiana

to patient

patients

of all

possession,

limited

all

identity

email,

MSBC,

custody,

of

the

(b)

or identities,

identity

email,

JHU,

number,

the

(a)

and

number,

MSBC

Rockefeller,

address,

of:

Respondents

by

investigative

or private),

memoranda

relevant

 INDEX NO. 154315/2019

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and

documents

167.

possession

Archibald

ever

of said

its

and

seen

possession

at the

170.

Upon

possession

and

its

Upon

of

mutual

possession

said

of

said

Rockefeller

173.

possession

Respondent

its

Rockefeller

is still

record

medical

in

Dr.

of employing

relationship

"...every

on

patient

every

virtue

to Respondent

and

of

its

Petitioners'

of

virtue

and

with

and

its

records

Dr.

Petitioners'

and

belief,

and

Debevoise

relationship

of

is still

in

Dr.

investigating

of

to the

and

of acting

of

is still

as a referral

in possession

agency

sending

Archibald.

JHU

Respondent

Respondent

Dr.

is still

in possession

of

Archibald.

Indiana

its relationship

Rockefeller

belief,

virtue

by

MSBC

Respondent

of employing

belief,

virtue

by

Archibald

records

Dr.

relationship

information

documents

its

relationship
and

information

documents

belief,

Rockefeller

information

by

of

Respondent

Rockefeller.

by

Petitioners'

belief,

virtue

by

information

records

records

and

records

Respondent

connection

Upon

and

Petitioners'

and

172.

to the

of

and

patients

171.

of

maintaining

information

documents

documents

documents

virtue

by

of

policy

Petitioners'

Upon

prospective

said

records

belief,

hospital...."

behalf

169.

and

self-professed

Upon

on

and

information

documents

of said

Archibald

said

Petitioners'

Upon

168.

of

data.

is still

University
the

with

in

Institute

Kinsey

Foundation.

Respondent

its mutual

Institute

Kinsey
connection

is still

Dr.

with

in

Archibald

foundation.

Upon

of said

relationship

as the

174.

Upon

Petitioners'

information

documents,

daughter
Petitioners'

records,

of

Dr.

and

personal

belief,

effects,

Respondent

and

property,

Ruth

by

is still

Archibald

virtue

of

in

her

Archibald.

information

and

belief,

28

28 of 32

Respondent

Lawrence

Archibald

is still

 INDEX NO. 154315/2019

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in possession

of

said

relationship

as the

175.

Upon

of

possession

176.

is still

Dr.

as the

legal

as the

Petitioners

177.

an independent

of

Dr.

documents,

virtue

by

his

of

and

by

all

virtue

Estate

and

effects,

for

Archibald

of

Representative

Respondent

belief,

place

property,

Personal

personal

resting

Evelyn

relevant

his

Reginald

property,

by

in

her

of

of

records

is still

Estate.

Archibald

virtue

of

its

the

constituting

Estate.

request

further

Appointed

Court

as the

and

records,

and

and

effects,

Archibald

information

custodian

Archibald's

decedent-Dr.

property,

Respondent

belief,

personal

records,

wife

said

of

and

information

Petitioners'

in possession

and

effects,

Archibald.

documents,

Upon

relationship

of

Petitioners'

said

both

relationship

son

personal

records,

documents,

Court

the

Master

its

use

to oversee

such

inherent

equitable

document

to use

powers

and

preservation

such

logging

compliance.

Petitioners

178.

report

on

custody,

limited

further

preservation

document

to patient

files,

medical

photographs,

internal

investigative

investigations

(public

or private),

and

well

as all

other

from

or control-in

possession,

Archibald

request

any

memoranda

relevant

the

both

journals,

complaints

associated

and

Petitioners

request

all

tests

any

employee

powers

relevant

formats,

enforcement

concerning

therewith,

equitable

electronic

laboratory
law

and

to order

documents

including

but

results,

research,

or regulatory

agency

alleged

misconduct

against

and

summaries,

interviews

data.

RELIEF

WHEREFORE,

inherent

concerning

and

physical

memoranda,

documents

its

use

Respondents

all

records,

Court

REQUESTED

that

judgment

ordering:

29

29 of 32

be entered

against

Respondents,

a

in their

not

notes,

reports,

Dr.

as

 INDEX NO. 154315/2019

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NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 04/26/2019

A.

Respondents

to produce

the

B.

Respondents

to preserve

and

or control-in

possession,

limited

to patient

research,

notes,

or regulatory

associated

relevant

C.

D.

An

documents

preservation

of

Respondents

to prepare

Respondents

F.

All

New
April-tJ,

and

Master

the

aforementioned

Dated:

employee

therewith,

independent

E.

York,

relief

New

York

the

against

and

interviews

be appõiñted

aforementioned

law

results,

enforcement

complaints

and

any

as well

summaries,

to oversee

and

on

and

the

ensure

and

documents

a report

Petitioners'

Court

Archibald

Dr.

and

not

memoranda

as all

other

data;

documents

pay

other

misconduct

tests

or private),

but

including

memoranda,

(public

§ 3102(c);

custody,

formats,

laboratory

investigative

investigations

C.P.L.R

in their

electronic

journals,

internal

under

documents

and

records,

reports,

alleged

any

concerning

relevant

physical

medical

photographs,

agency

all

log

both

files,

to Petitioners

Information

compliance

with

the

records;

preservation

and

of

logging

the

records;

reasonable

deems

just,

attomeys'

and

costs

and

necessary

fees;

and

equitable.

2019

LAW

OFFICES

&

KOPPEL

A

OF

G.

OLIVER

IATE

By:
G.

O

Counsel
D.

er
for

Wagner,

op

1

Petitioners
Paul

Wagner

Mark
and

Wagner
99

30

30 of 32

Park

Avenue,

Suite

1100

Wagner,
Caroline

John

 INDEX NO. 154315/2019

FILED: NEW YORK COUNTY CLERK 04/26/2019 10:12 AM
NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 04/26/2019

New

York,

Telephone:
Facsimile:

31

31 of 32

NY

10016

(212)

867-3838

(212)

681-0810

 INDEX NO. 154315/2019

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NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 04/26/2019

ATTORNEY
G.

State

Oliver

of New

1.

Koppell,

York,

I am counsel

Caroline

2.

Plaintiffs,

Wagner,

in the

I have

read

to my

knowledge,

The

New
April

York,

g

the

the

the

I am making

County

of New

in the

of the

Courts

D.

Paul

Wagner,

Wagner

and

proceeding.

and

as to the

this

law

to practice

John

Wagner,

Petition

and

admitted

following:

within

except

belief,

duly

Mark

foregoing

and

reason

outside

Dated:

affirms

for

information

3.

an attorney

Esq.,

hereby

VERIFICATION

that

matters

the

where

contents

stated

therein

as to those

verification

York

know

I maintain

of

and

be alleged

to

I believe

matters

instead

thereof

is that

my offices.

NY
2019

.

32 of 32

hver

Kop

same

is true

upon

to be true.

them

Plaintiffs

the

11,

Plaintiffs

reside