Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 1 of 13

Craig K. Vernon (USB No. 16737)
James, Vernon & Weeks, P.A.
1626 Lincoln Way
Coeur d’Alene, ID 83814
Phone: (208) 667-0683
Fax: (208) 664-1684
Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTAL DIVISION

KRISTY JOHNSON,

Case No.

2:18-cv-00511-BCW

Plaintiff,
COMPLAINT AND REQUEST FOR
JURY TRIAL

vs.
DR. MELVIN KAY JOHNSON,
Defendant.

Judge: Brooke C. Wells, Magistrate

COMES NOW the Plaintiff, KRISTY JOHNSON, and through her undersigned counsel
brings this Complaint and Request for Jury Trial (“Complaint”) against Defendant DR. MELVIN
KAY JOHNSON, an individual, based upon information and belief available at the time of the
filing.
I. PARTIES, JURISDICTION AND VENUE
1.

Plaintiff, Kristy Johnson, is a citizen of the State of California, residing in La Habra,

California.
2.

Defendant, Dr. Melvin Kay Johnson, is a citizen of the State of Utah, residing in

Lehi, Utah.

COMPLAINT AND REQUEST FOR JURY TRIAL - 1

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 2 of 13

3.

Plaintiff brings her Complaint under federal diversity jurisdiction, 28 U.S.C.

§ 1332, as the parties are completely diverse in citizenship and the amount in controversy exceeds
$75,000.00 USD.
4.

Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(2).
II. FACTUAL ALLEGATIONS

5.

Defendant Dr. Melvin Kay Johnson (“Johnson” or “Father”) has been a lifelong

member of the Church of Jesus Christ of Latter-Day Saints (“the Church”), and raised his children,
including Plaintiff Kristy Johnson (“Kristy”) in the Church. The Church is also known as the
Mormon Church or the LDS Church.
6.

A key tenant of the Mormon faith is indoctrinating the youth through religious

education. The Church Education System (“CES”) is the educational arm of the Church that serves
to fulfill this goal. As part of this educational program, the youth of the Church are taught to
strictly trust and obey men in positions of power in the Church.
7.

At all relevant times, Defendant Johnson was an employee of the LDS Church,

specifically, the CES.
8.

Beginning in 1969, when Kristy was six years old, Johnson would regularly enter

Kristy’s room at night and make unwanted sexual contact with her. Johnson would leave the room
shortly thereafter. These incidents would happen frequently.
9.

In addition to the sexual abuse, Johnson would frequently force Kristy to get naked

before repeatedly striking her over her back, bottom and genital area. Johnson would then return
and apply ointment to her genital area in order to “soothe” her. No ointment would be applied on
her legs, back or bottom.

COMPLAINT AND REQUEST FOR JURY TRIAL - 2

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 3 of 13

10.

When Kristy was approximately six years old, her mother discovered these sexual

crimes against her daughter and reported the ongoing sexual abuse to their local bishop. In
accordance with church policy, this crime was handled as a matter of sin, only, and the police were
not called. Following this disclosure to the local bishop, the family was moved to a new home and
Johnson was given a new position in the CES at an LDS seminary building in Ogden, Utah.
Johnson took Kristy to this building after school and, while there, sexually molested her on
numerous occasions.
11.

In approximately 1970, while living in Ogden, Utah, Kristy’s mother again reported

the abuse to her local bishop, Bishop Ellis McAllister. This again was treated as an ecclesiastical
matter, not a crime. Following this disclosure, the family was again relocated by Johnson’s
employer, the Church, for so-called work reasons. They moved to Provo, Utah, where Johnson
began working as a professor in the Religion Department of Brigham Young University.
12.

While on the BYU campus, Johnson isolated Kristy in the confines of his office

and sexually abused her on multiple occasions. These and other actions provoked another report
of the abuse to the Church (and again these crimes went unreported to police). Following this
disclosure in approximately 1973, the family was moved to California where Johnson began a new
leadership position within the Church’s CES program.
13.

In California, Johnson’s criminal actions escalated. Johnson isolated Kristy from

the rest of the family, told her sexual jokes, and then forced her to perform oral sex on him,
appearing to derive pleasure from her discomfort. Kristy recalls developing incontinence during
these years.
14.

In an effort to protect her sisters (who were also now being sexually abused by

COMPLAINT AND REQUEST FOR JURY TRIAL - 3

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 4 of 13

Father), Kristy moved their shared bed against the wall of their bedroom and positioned the lamp
table on her side of the bed so that only she would be vulnerable. Kristy frequently lost sleep
staying awake to prevent her Father from entering her room and molesting her again. Many times,
when Kristy inevitably fell asleep, she would wake to find her Father’s hands under her pajamas,
fondling her nipples or stomach, or his fingers inserted in her genitalia. Johnson was frequently
breathing heavily and would move Kristy’s hand to hold his genitalia.
15.

The sexual assaults continued unabated. However, there was also severe physical

abuse. For example, when Kristy was 15, her Father entered her room and beat her with a rod,
causing extensive and severe bruising.
16.

At 16, Johnson gave Kristy her own room, ostensibly as a gift. Kristy was not

allowed to have a lock on the door. Once secluded in her own room, the night appearances by her
Father became more frequent. Kristy was now forced to bring Johnson to climax before he would
leave her alone. In an attempt to get her Father to stop the pattern of behavior, Kristy gained 40
pounds in a matter of months. The pattern of abuse stopped briefly, then resumed. Kristy was
physically sick and unable to sleep at night as a result.
17.

This pattern of behavior only ceased when Kristy left the family home. At 21,

Kristy went on her LDS mission, ending the sexual assaults, rapes and other crimes being
committed against her. While finally free from the sexual assaults etc., the devastating impacts
have continued to plague her to this day.
18.

Kristy was forced to return early from her mission trip after discovering that she

had developed cysts on her ovaries. Upon her return, Kristy and her siblings reported Defendant
Johnson’s sexual assaults to the police. Johnson was not arrested; instead, he moved out of the

COMPLAINT AND REQUEST FOR JURY TRIAL - 4

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 5 of 13

house. Kristy, on the other hand, was summoned to appear in front of her local stake president
and chastised for involving the police in a “church matter”.
III. FIRST CAUSE OF ACTION
SEXUAL ASSAULT AND BATTERY
19.

Plaintiff Kristy Johnson incorporates by reference all paragraphs of this Complaint

as if fully set forth herein.
20.

From the time Kristy was six until the time she went on her LDS mission, she was

repeatedly groped, fondled, molested, sexually assaulted, forced to perform sexual acts and raped
by Defendant DR. KELVIN KAY JOHNSON in her family home, in the LDS seminary building,
in Defendant Johnson’s office on the Brigham Young University campus and other places.
21.

Johnson committed these acts intentionally and with the knowledge that his sexual

and physical contact was unwanted, harmful and damaging to Kristy.
22.

This conduct was a direct and proximate cause of severe emotional distress to

23.

As a result of the above-described conduct, Kristy has suffered, and continues to

Kristy.

suffer, great pain of mind and body, shock, severe and extreme emotional distress, physical
manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation,
and loss of enjoyment of life; has suffered and continues to suffer spiritually; was prevented and
will continue to be prevented from performing her daily activities and obtaining the full enjoyment
of life; has sustained and will continue to sustain loss of earnings and earning capacity; and has
incurred and will continue to incur expenses for medical and psychological treatment, therapy, and
counseling.

COMPLAINT AND REQUEST FOR JURY TRIAL - 5

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 6 of 13

IV. SECOND CAUSE OF ACTION
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
24.

Plaintiff Kristy Johnson incorporates all paragraphs of this Complaint as if fully set

forth herein.
25.

Since 1969, when Defendant Johnson began abusing Kristy at the age of six,

Johnson, by his actions and inactions that followed, caused Kristy severe emotional distress. This
emotional distress has been ongoing. Kristy’s emotional distress has been, and is, triggered by
Johnson’s efforts to blame and shame Kristy and her mother for reporting his abusive conduct
throughout the years.
26.

Johnson actively concealed his crimes and by utilizing his relationships with local

LDS Church leaders and hiding behind Church policy which promoted the handling of these
crimes as ecclesiastical matters to be handled internally, was able to avoid any police investigation
or prosecution.
27.

Johnson was negligent in his actions, blame and shame practices, courses of

conduct, and omissions as described hereinabove.
28.

Johnson knew or should have known that emotional distress, with physical

manifestations, was the likely or foreseeable result of his actions, blame and shame practices,
courses of conduct, and omissions as described hereinabove.
29.

Johnson’s actions, including his blame and shame practices, courses of conduct,

and omissions were the direct and proximate cause of Kristy’s severe emotional distress with
physical manifestations.
30.

The emotional distress sustained by Kristy was of such nature that a reasonable

person in her situation would have likely suffered similar emotional distress, with physical

COMPLAINT AND REQUEST FOR JURY TRIAL - 6

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 7 of 13

manifestations.
31.

As a result of the above-described conduct, Kristy has suffered, and continues to

suffer, great pain of mind and body, shock, emotional distress, physical manifestations of
emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of
enjoyment of life; has suffered and continues to suffer spiritually; was prevented and will continue
to be prevented from performing her daily activities and obtaining the full enjoyment of life; has
sustained and will continue to sustain loss of earnings and earning capacity; and has incurred and
will continue to incur expenses for medical and psychological treatment, therapy, and counseling.
V. THIRD CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
32.

Plaintiff Kristy Johnson incorporates by reference all paragraphs of this Complaint

as if fully set forth herein.
33.

While Kristy was a teenager, Defendant Johnson frequently entered her room at

night where he sexually assaulted and raped her and forced her to use her hand to bring him to
completion.
34.

As a result of these nightly visits, Kristy would lose sleep attempting to stay awake

to prevent Johnson from touching her. When she failed to stay awake, she would frequently
awaken to Johnson breathing heavily above her and putting his hands inside her pajamas to touch
her genitals, grope her breasts, or worse.
35.

Johnson’s conduct, as described above, was extreme, intolerable, and outrageous,

exceeding all bounds usually tolerated by decent society.
36.

Johnson’s conduct, as described above, was of the kind designed to cause severe

emotional distress.
COMPLAINT AND REQUEST FOR JURY TRIAL - 7

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 8 of 13

37.

Johnson’s actions directly and proximately caused Kristy to suffer severe emotional

distress and Johnson inflicted this distress intentionally and/or with reckless disregard of the
probability of causing such distress.
38.

As a result of the above-described conduct, Kristy has suffered, and continues to

suffer, great pain of mind and body, shock, severe and extreme emotional distress, physical
manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation,
and loss of enjoyment of life; has suffered and continues to suffer spiritually; was prevented and
will continue to be prevented from performing her daily activities and obtaining the full enjoyment
of life; has sustained and will continue to sustain loss of earnings and earning capacity; and has
incurred and will continue to incur expenses for medical and psychological treatment, therapy, and
counseling.
VI. FOURTH CAUSE OF ACTION:
SEXUAL ABUSE OF A CHILD
39.

Plaintiff Kristy Johnson incorporates all paragraphs of this Complaint as if fully set

forth herein.
40.

From 1969 to 1981, while Kristy resided in her family home, Defendant Johnson

made repeated sexual and physical contact with Kristy’s breasts, vagina and anus, and forced
Kristy to make oral contact with his genitalia.
41.

Johnson’s actions were intentional, and when confronted about his actions by

family members, Defendant blamed and shamed them into not reporting his actions.
42.

Johnson, by his wrongful actions, proximately caused Kristy to suffer severe and

permanent emotional and mental injuries.
43.

As a result of the above-described conduct, Kristy has suffered, and continues to

COMPLAINT AND REQUEST FOR JURY TRIAL - 8

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 9 of 13

suffer, great pain of mind and body, shock, emotional distress, physical manifestations of
emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of
enjoyment of life; has suffered and continues to suffer spiritually; was prevented and will continue
to be prevented from performing her daily activities and obtaining the full enjoyment of life; has
sustained and will continue to sustain loss of earnings and earning capacity; and has incurred and
will continue to incur expenses for medical and psychological treatment, therapy, and counseling.
VII. EQUITABLE RELIEF
44.

Equitable relief from this Court for retributive redress and the protection of Kristy

and other similarly situated members of the public by ordering Johnson to devote significant time
and resources to campaign for and influence POLICY CHANGE within the Church, as follows:
a.

To campaign for and use his influence and efforts to cause that the Church change
its current corporate policies regarding reporting suspected sexual assault or abuse.
Upon information and belief, the current policy is set forth in 2010 Handbook 2:
Administering the Church, Section 13.6.18, which provides that “[i]f a leader
becomes aware of physical, sexual or emotional abuse of someone during a church
activity, he or she should contact the bishop immediately.” Instructions for bishops
are provided in Handbook 1:17.3.2, which provides in pertinent part, “[i]n the
United States and Canada, the Church has established a help line to assist stake
presidents and bishops in cases of abuse. . . When calling the help line, leaders will
be able to consult with professional counselors and legal specialists who can help
answer questions and formulate steps to take. . . Leaders can obtain information
about local reporting requirements through the help line. Where reporting is

COMPLAINT AND REQUEST FOR JURY TRIAL - 9

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 10 of 13

required by law, the leader encourages the member to secure qualified legal advice.
To avoid implicating the Church in legal matters to which it is not a party, church
leaders should avoid testifying in civil or criminal cases or other proceedings
involving abuse.” Handbook 1, State Presidents and Bishops 2010, Section 17.3.2.
b.

EDUCATE OTHERS AND CLARIFY DOUBLE-SPEAK
i.

To educate the public on how the Church handles sexual abuse, and
advocate for changes to the Church’s handbook. On March 23, 2018 the
Church again set forth its policy for church leaders who learn of sexual
abuse. “We continue to urge our leaders to take reports of abuse very
seriously. Leaders should call the Church's abuse helpline, which has been
established to assure that victims are cared for and that abuse reporting laws
are strictly obeyed.” 1

ii.

Despite the specific instructions to its high-level leaders in Handbook 1, the
Church constantly makes public statements that “[t]he Church has a zerotolerance policy when it comes to abuse. . . We cooperate with law
enforcement to report and investigate abuse.” How the Church Approaches
Abuse, NEWSROOM (accessed on May 17, 2016). Public statements like this
contradict the internal policies set forth in the Church’s Handbook 1 and
mislead members of the Church about what will happen after they report

1

The Church of Jesus Christ of Latter-Day Saints, Church Statement About Alleged Sexual
Assault by Former Mission President, THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
(last updated Mar. 23, 2018), https://www.mormonnewsroom.org/article/statement-formermission-president-alleged-abuse-joseph-l-bishop-march-2018
COMPLAINT AND REQUEST FOR JURY TRIAL - 10

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 11 of 13

sexual abuse to their bishop or stake president. Indeed, this language may
lead members to believe that their bishop or stake president will report
sexual abuse to the police. Handbook 1 does not, in fact, ever instruct these
leaders to report abuse to police; rather, it directs church leaders to do the
opposite.
iii.

Specifically, the Church’s public claim that it “cooperate[s] with law
enforcement to report and investigate abuse” is contradicted by the
instructions in Handbook 1:17.3.2, which advises the Church leaders, “[t]o
avoid implicating the Church in legal matters to which it is not a party, [by
not] testifying in civil or criminal cases or other proceedings involving
abuse.” Id.

c.

ADVOCATE FOR THE FOLLOWING POLICY CHANGES RE SEXUAL
ABUSE
i.

Because the current policies do not adequately protect sexual assault victims
but rather aim to protect the Church, Kristy requests that Johnson be ordered
to advocate for these policies to be changed and include the following:

ii.

Where a charge of sexual assault or abuse has been made against any agent,
leader, or member of the Church, he or she shall be immediately removed
from exposure to potential victims and all appropriate safeguards shall be
made to keep him or her away from potential victims pending investigation.

iii.

Whenever any leader or member in the Church has reasonable suspicion of
sexual assault, whether the assault happened during a “church activity” or
not, this leader or member shall report the assault first to the police.

COMPLAINT AND REQUEST FOR JURY TRIAL - 11

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 12 of 13

iv.

Every church member should be taught that if there is a reasonable belief
that sexual abuse or sexual assault is occurring, such conduct should first be
reported to the police before reporting it to a bishop or stake president.

v.

Because this culture of secrecy has been such a long-standing policy of the
Church, even victims of rape, sexual assault or sexual abuse have been
taught and conditioned to keep such crimes within the Church. That the
Church consider forming a committee to explore the best method for
teaching victims, survivors, and members about the new policy and cultural
change.

vi.

That the Church bring its publicized policies on assault and abuse into
conformity with its Handbooks (and vice versa), eliminating any
contradictions and doublespeak.

vii.

Instead of directing its leaders to not cooperate with civil or criminal
authorities (if the Church could in any way be implicated) in situations
involving assault or abuse, there shall be an affirmative statement in both
Handbook 1 and Handbook 2 that leaders and members shall cooperate with
civil and criminal authorities in cases involving sexual assault and abuse;
this includes truthfully testifying at depositions, hearings, trials and other
proceedings, regardless of whether such testimony would implicate the
Church.

viii.

That the Church never seek to direct, pay, or hire any agent or employee or
third party to retract, oppose, or challenge the constitutionality or legitimacy

COMPLAINT AND REQUEST FOR JURY TRIAL - 12

 Case 2:18-cv-00511-TS Document 2 Filed 06/27/18 Page 13 of 13

of any reform of a civil or criminal statute of limitations, mandatory abuse
reporting clergy exemptions, or repeal of the clergy-penitent privilege or
other laws which serve to shield sexual abusers from investigation,
apprehension, prosecution, and conviction in Utah or similar legislation or
law in any other state or jurisdiction.
VIII. PRAYER FOR RELIEF
WHEREFORE, Plaintiff KRISTY JOHNSON prays for judgment against Defendant DR.
MELVIN KAY JOHNSON, as follows:
1.

Non-economic damages as set forth above, in an amount to be determined by the

jury at the time of trial;
2.

Economic damages for loss of earnings and earning capacity, and medical expenses

for psychological treatment, therapy, and counseling, in an amount to be determined by the jury at
the time of trial;
3.

For Plaintiff’s reasonable attorney’s fees, costs and disbursements to the extent

permitted by law;
4.

Statutory/civil penalties according to law; and

5.

For any other relief this Court deems just and equitable.

DATED this _____
27th day of June, 2018.
JAMES, VERNON & WEEKS, P.A.
Attorney for Plaintiff Kristy Johnson

By:
Craig K. Vernon

COMPLAINT AND REQUEST FOR JURY TRIAL - 13