Case 1:13-cv-00712-CCC Document 1 Filed 03/18/13 Page 1 of 7 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA SHELDON STEPHENS, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. KEVIN CLASH, Defendant. CASE NO. JURY TRIAL REQUESTED COMPLAINT Plaintiff, SHELDON STEPHENS, by and through his undersigned counsel, hereby files this Complaint against Defendant, KEVIN CLASH, and states as follows: PARTIES 1. SHELDON STEPHENS ("SHELDON") is an adult male and citizen and resident of the Commonwealth of Pennsylvania. 2. Defendant, KEVIN CLASH ("CLASH") is a citizen and resident of the State of New York. At all relevant times, CLASH was an internationally-known puppeteer and voice actor for children's programming whose characters included the instantly recognizable falsettovoiced Elmo. Elmo is a character on the television show Sesame Street. 3. CLASH had a sexual relationship with SHELDON which began when SHELDON was a teenager and continued into SHELDON's adulthood. Throughout the course of the underage sexual contact, SHELDON was a compliant victim unaware that CLASH's actions were injurious or harmful. JURISDICTION AND VENUE 4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. ? 1331 because Plaintiff alleges a claim under the laws of the United States. Case 1:13-cv-00712-CCC Document 1 Filed 03/18/13 Page 2 of 7 5. This Court also has jurisdiction over this claim pursuant to 28 U.S.C. ? 1332 in that the amount in controversy in this claim exceeds $75,000, exclusive of interest and costs, and is between citizens of different states. 6. Defendant CLASH is subject to personal jurisdiction in this judicial district by virtue of having purposefully availed himself of the laws of Pennsylvania by sending chauffeurs to transport Plaintiff from Plaintiff's home in Pennsylvania to New York on multiple occasions for illicit sexual acts. Additionally, a substantial part of the events giving rise to this claim occurred in this District, including the initial encounters of the parties and the subsequent transport of the Plaintiff from his home in Pennsylvania for sex. 7. This Court has venue of this action pursuant to 28 U.S.C. ? ? 1391(a) and 1391(b)(2) in that a substantial part of the events giving rise to this claim occurred in this District. FACTS 8. At all relevant times Defendant CLASH was an adult male living a prominent public life centered around the entertainment of toddlers, while at the same time he was, in secret, preying on teenage boys to satisfy his depraved sexual interests. CLASH was born in 1960. 9. SHELDON was born in July 1988 and raised in Pennsylvania. FIRST MEETING 10. In or about 2004 when SHELDON was 16 years old, SHELDON met CLASH at a social networking event for models and actors. 11. At their first meeting, CLASH told SHELDON he would help SHELDON with his acting career. CLASH told SHELDON to look him up on the internet to find out who he was and to see his credentials. CLASH also asked SHELDON to send him modeling pictures and 2 Case 1:13-cv-00712-CCC Document 1 Filed 03/18/13 Page 3 of 7 information so he could pass it around to people in the industry. CLASH and SHELDON remained in contact by telephone after their first meeting. KEVIN CLASH'S SEXUAL ACTS WITH PLAINTIFF 12. From their earliest conversations, CLASH led SHELDON to believe that he was interested in having a sexual relationship with the teenage SHELDON. CLASH showered SHELDON with attention and affection. 13. During their telephone calls, CLASH lured SHELDON to visit him in New York for sexual encounters. CLASH made arrangements by telephone to send chauffeurs from New York to pick SHELDON up in Harrisburg, Pennsylvania, and transport him to CLASH's apartment in New York. 14. After SHELDON arrived in New York at CLASH's apartment, CLASH had sexual intercourse with SHELDON involving anal penetration, beginning when SHELDON was 16 years old. This pattern of sexual activity between KEVIN CLASH and SHELDON continued over a period of years. CRYSTAL METH SEX PARTY 15. Through his various trips to New York, SHELDON also became acquainted with the chauffeur who transported him to CLASH's apartment. On one occasion, a male chauffeur drove CLASH and SHELDON to the chauffeur's apartment, where they had a crystal meth sex party. While in the apartment, CLASH smoked crystal meth while engaging in sexual activity with SHELDON. CLASH also gave SHELDON "poppers" as a sexual aide. While CLASH had sexual contact with SHELDON, the chauffeur watched and masturbated 16. CLASH used a facility or means of interstate commerce to knowingly persuade, induce or entice JOHN, when he was under the age of 18 years, to engage in sexual activity for which CLASH can be charged with a criminal offense. 3 Case 1:13-cv-00712-CCC Document 1 Filed 03/18/13 Page 4 of 7 17. Although CLASH's sexual activity with SHELDON began in or about 2004, when SHELDON was a minor Plaintiff, he was not immediately aware of his injuries. As a teenage boy, SHELDON was not emotionally or psychologically prepared for a sexual relationship with a grown man. As a compliant victim showered with attention and affection, SHELDON did not become aware that he had suffered adverse psychological and emotional effects from CLASH's sexual acts and conduct until 2011. 18. SHELDON did not become aware of his injuries, nor was he able to make a causal connection between his injuries and the sexual acts of CLASH until 2011. Given Plaintiff's compliance with the sexual relationship and the attention and affection CLASH gave him, SHELDON could not reasonably have been expected to know that he had been injured and that CLASH had caused his injuries at the time of their sexual contact. COUNT I SEXUAL BATTERY FOR CHILDHOOD SEXUAL ABUSE 19. Plaintiff repeats and re-alleges paragraphs 1 through 18 above. 20. CLASH intentionally engaged in unlawful sexual contact, including anal penetration, with SHELDON while SHELDON was a minor.` 21. SHELDON did not have the capacity to consent to sexual contact with CLASH because SHELDON was a minor. 22. CLASH's sexual contacts with SHELDON were intentional and harmful. 23. As a direct and proximate result of CLASH's sexual assault of SHELDON, he has suffered physical, psychological and emotional damages. WHEREFORE, Plaintiff demands judgment against Defendant CLASH for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. 4 Case 1:13-cv-00712-CCC Document 1 Filed 03/18/13 Page 5 of 7 COUNT II TRAVEL WITH INTENT TO ENGAGE IN ILLICIT SEXUAL CONDUCT IN VIOLATION OF 18 U.S.C. ? 2423 24. Plaintiff repeats and re-alleges paragraphs 1 through 18 above. 25. CLASH knowingly arranged, facilitated, and paid for the transportation of SHELDON across state lines from Pennsylvania to New York for the purpose of engaging SHELDON in sexual activity while SHELDON was still a minor. 26. After CLASH transported SHELDON from Pennsylvania to New York, CLASH did engage SHELDON while he was still a minor, in skin-to-skin sexual contact, including sodomy. 27. CLASH's acts and conduct are in violation of 18 U.S.C. ? 2423. 28. Although CLASH's arrangement for SHELDON's interstate travel for the purpose of illicit sexual conduct occurred in or began in approximately 2004, SHELDON was not immediately aware of his injuries. Specifically, SHELDON did not become aware that he had suffered psychological and emotional injuries arising from the acts and conduct of CLASH until approximately 2011. 29. Plaintiff retained Herman Law as his attorneys in this matter, and agreed to pay the firm reasonable attorneys' fees. WHEREFORE, Plaintiff demands judgment against Defendant KEVIN CLASH for all damages available under 18 U.S.C. ? 2255(a), including without limitation, actual and compensatory damages, costs of suit, and attorneys' fees, and such other relief as this Court deems just and proper. 5 Case 1:13-cv-00712-CCC Document 1 Filed 03/18/13 Page 6 of 7 COUNT III COERCION AND ENTICEMENT TO SEXUAL ACTIVITY IN VIOLATION OF 18 U.S.C. ? 2422 30. Plaintiff repeats and re-alleges Paragraphs 1 through 18 above as fully set forth 31. CLASH's acts and conduct are in violation of 18 U.S.C. ? 2422. 32. Although CLASH's telephone calls with SHELDON for the purpose of illicit herein. sexual conduct occurred in or began in approximately 2004, SHELDON was not immediately aware of his injuries. Specifically, SHELDON did not become aware that he had suffered psychological and emotional injuries arising from the acts and conduct of CLASH until approximately 2011. 33. Plaintiff retained Herman Law as his attorneys in this matter, and agreed to pay the firm reasonable attorneys' fees. WHEREFORE, Plaintiff demands judgment against Defendant KEVIN CLASH for all damages available under 18 U.S.C. ? 2255(a) including, without limitation, actual and compensatory damages, costs of suit, and attorneys' fees, and such other relief as this Court deems just and proper. 6 Case 1:13-cv-00712-CCC Document 1 Filed 03/18/13 Page 7 of 7 DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial of his claims by jury. Dated: March 18, 2013 Respectfully submitted, By: /s/ Daniel J. Tann djtannesq@verizon.net LAW OFFICES OF DANIEL J. TANN Local Counsel for Plaintiff, Sheldon Stephens 100 South Broad Street, Suite 1355 Philadelphia, Pennsylvania 19110 Tel: 215-670-0066 Fax: 215-640-8878 and HERMAN LAW Jeff Herman, pending Pro Hac Vice admission jherman@hermanlaw.com Adam D. Horowitz, pending Pro Hac Vice admission ahorowitz@hermanlaw.com Attorneys for Plaintiff Sheldon Stephens 3351 N.W. Boca Raton Boulevard Boca Raton, Florida 33431 Tel: 305-931-2200 Fax: 305-931-0877 ` 7