CAUSE NO: __________
JOHN HS DOE, an individual, by
and through his Guardian Ad Litem,
JANE HK DOE; JOHN HC DOE, an
Individual, by and through his Guardian
Ad Litem, JANE HK DOE
Plaintiffs,

§
§
§
§
§
§
§
v.
§
§
UNITED STATES ALL STAR
§
FEDERATION, INC., VARSITY SPIRIT, §
LLC, CHEER ATHLETICS, INC.,
§
JEREMIAH HARRIS, and DOE
§
DEFENDANTS 1-100
§
Defendants.
§

IN THE DISTRICT COURT OF
TARRANT COUNTY, TEXAS

_______JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES
TO THE HONORABLE COURT:
COMES NOW, Plaintiffs JOHN HS DOE and JOHN HC DOE, by and through their
Guardian Ad Litem, JANE HK DOE (collectively, “Plaintiffs”) complaining of Defendants
UNITED STATES ALL STAR FEDERATION, INC. (“USASF”), VARSITY SPIRIT, LLC
(“Varsity”), CHEER ATHLETICS, INC. (“CAI”), and JEREMIAH HARRIS (“Harris”)
(collectively “Defendants”) and would show unto this Honorable Court the following:
I.
1.1.

DISCOVERY LEVEL

Plaintiffs intend to conduct discovery under LEVEL 3 Discovery as allowed under the

Texas Rules of Civil Procedure.
II.
2.1.

STATEMENT OF RELIEF SOUGHT

Pursuant to Texas Rule of Civil Procedure, Plaintiffs seek monetary relief over

$1,000,000.00, including damages of any kind, penalties, costs, expenses, pre-judgment interest,
and attorney’s fees and judgment for all other relief to which Plaintiffs are justly entitled.
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 1

 Plaintiffs expressly reserve the right to amend this Rule 47 statement of relief if necessary.
III.

PARTIES

PLAINTIFFS
3.1.

Plaintiff JOHN HS DOE is a resident of the State of Texas.

3.2.

Plaintiff JOHN HC DOE is a resident of the State of Texas.

3.3.

Plaintiffs were born on September 28, 2015. As of the date of this Petition, Plaintiffs are

minors and therefore file this Petition, by and through their Guardian Ad Litem, JANE HK DOE.
3.4.

At all times relevant herein, the Plaintiffs were members of USASF, thus, afforded the

protections provided for under the rules of USASF and, as minors, under the supervision of other
USASF members.
3.5.

At all times relevant herein, the Plaintiffs registered, attended and competed in events and

competitions sanctioned and sponsored by Varsity, thus, afforded the protections provided by
Varsity and protections provided for under the rules of Varsity’s events and competitions and, as
minors, under the supervision of Varsity officials, directors, employees, agents and
representatives.
DEFENDANT USASF
3.6.

Defendant USASF, is a Tennessee non-profit mutual benefit corporation, founded in 2003,

with its principal office in Shelby County, Tennessee and may be served by and through its
registered agent, Jim Chadwick, located at 8275 Tournament Dr., Ste. 325, Memphis, TN 38125.
3.7.

According to its Bylaws, the purposes and mission of USASF are: “to establish rules for

sanctioning and providing governance for cheerleading, dance and spirit-related competitions and
events; to provide counseling in the administration of cheerleading, dance and spirit-related
competitions and events; and to provide educational and counseling services in the fields of
cheerleading, dance and spirit-related competition and events.”
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 2

 3.8.

Upon information and belief, USASF was founded in 2003 with the core principle of

making All Star Cheer a safer sport by establishing fair and consistent rules and competition
standards. In essence, USASF is a privately chartered governing body overseeing All-Star Cheer
competition throughout the country.
3.9.

Cheer clubs must be “member clubs” with USASF in order to participate at USASF-

sanctioned events and competitions. Indeed, according to the USASF website, membership is
required for US-based companies or organizations from which one or more team attends USASF
sanctioned events.
3.10.

USASF membership is similarly required for all athletes competing or performing for a

US-based All Star Cheer or Dance Program, including athletes on Novice, Prep Teams, Show and
Exhibition Teams.
3.11.

USASF membership is also required for individuals who are actively coaching All Star

athletes and are associated with an active U.S. All Star Club member.
3.12.

Defendant USASF purposefully conducts substantial, continuous, and purposely conducts

substantial business activities in the State of Texas, routinely holding regional, national and
international events throughout the State of Texas. Upon information and belief, Defendant
USASF has dozens of member clubs in the State of Texas, all of whom were mandated by USASF
policy to adopt and enforce certain SafeSport policies and procedures. Defendant USASF actively
recruits young cheer athletes from the State of Texas and receives a constant flow of funding from
the State of Texas, including funding from membership dues, as well as periodic regional, statewide, and national events held in the State of Texas. Defendant USASF derives substantial
economic benefit from the State of Texas, and enters into repeated and successive transactions of
its business in California.
3.13.

As a governing board for All-Star cheer in the United States, USASF adopted a

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 3

 membership program, whereby individuals register with USASF, undergo training from USASF,
and agree to abide by the USASF rules, in order to compete or otherwise participate in USASFsanctioned events. The general term “member” at USASF includes several classes of membership,
including coaches, clubs and athletes.
3.14.

Defendant USASF is an entity that employs and retains agents, servants, volunteers, and

members that interact directly with minor children as an ordinary course of their responsibilities.
As such, all such employees, agents, volunteers, servants and members at Defendant USASF are
mandated reporters under Texas Family Code section 261.01, et seq. Moreover, under USASF
policy, specifically, members of USASF who suspect sexual or physical abuse or misconduct are
required to report the allegations to law enforcement before they report it to the USASF.
DEFENDANT VARSITY
3.15.

Defendant Varsity, is a Tennessee limited liability company with its principal office in

Shelby County, Tennessee at 6745 Lenox Center Court, Ste. 300, Memphis, TN 38119, and
Varsity may be served by and through its registered agent, Corporate Creations Network, Inc.,
located at 205 Powell Pl., Brentwood, TN 37027. According to its website, Varsity is “all things
spirit, including cheerleading, dance and performing arts” whose mission includes being
“committed to openness and honesty in everything we do.”
5.1.

Varsity —directly and/or through its affiliates, which it wholly owned and/or controlled—

organized, promoted, produced, and/or managed All-Star Competitions throughout the United
States, including in Texas at all times relevant to this Complaint. Varsity owns and operates over
250 regional and local competitions nationwide, sponsoring the majority of USASF-sanctioned
All-Star Competitions, including, but not limited to, American Cheerleaders Association (“ACA”)
Nationals, the National Cheerleaders Association (“NCA”) National Championships, and other
USASF-sanctioned competitions known as summit competitions.
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 4

 DEFENDANT CAI
3.16.

Defendant CAI is a Texas limited liability company with its principal office in Collin

County, Texas and Cheer may be served by and through its registered agent, Joseph K. Melton,
located at 1300 E. Plano Pkwy, Ste. C, Plano, TX 75074-8546. CAI is a subsidiary of its parent
company, CA Brands, which is one of the largest all-star cheerleading programs in the country,
touting nine locations and winning at least 17 All-Star Cheer World Championships.
3.17.

Defendant CAI is an entity that employs and retains agents, servants, volunteers, and

coaches that interact directly with minor children as an ordinary course of their responsibilities.
Moreover, Defendant CAI expressly permits coaching of minor cheer athletes to occur on its
premises and at various competitions and events throughout the country.
3.18.

As an entity that employed USASF members, CAI’s employees were required to follow

USASF policies. Because of this membership, CAI employees, agents, and/or representatives,
such as Harris could be subjected to discipline by USASF if they hired a USASF member whose
membership had been suspended or who had been permanently banned from USASF.
3.19.

Upon information and belief, at all relevant times herein, the employees and coaches of

Defendant CAI, were advertised as, and were in fact, members of Defendant USASF and were
required to abide by Defendant USASF’s policies and procedures in protecting minors, like the
Plaintiffs, from known and foreseeable risks of harm and danger.
3.20.

As a condition for Harris’ employment at CAI and implied through his training and

coaching of cheer athletes, Harris was required to maintain his USASF membership and be in
good-standing with the organization.
3.21.

USASF, Varsity, and CAI shall collectively hereinafter be referred to as “Entity

Defendants.”

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 5

 DEFENDAVT HARRIS

3 22 Upon information and belief, Defendant, JEREMIAH HARRIS, is an individual residing
Nam county, Texas in, mummy, ran."g 
3 23 Upon information and belief, at all times relevant herein, Harris was a coach, trainer,
mentor, representative, and agent of USASF, Varsity, and CA1
3 24 Upon information and belief, Harris was employed by CA1 as a coach, tminer, mentor, and
agent of CA1 through CAI's programs, camps, events, and attending competitions, including
serving in such capacities at regional summits and competitions where CAI competed such as ACA
and NCA
3 25 Upon information and belief, Harris a coach, trainer, mentor, and agent of USASF and
Varsity through USASF and Varsity's programs, camps, events, and competitions, including
serving in such capacities at regional summits and competitions sponsored and/or sanctioned by
USASF and Varsity, such as ACA arid NCA

DOE DEFEVDANTS
3 26 Defendants DOES 1 through 100, inclusive, and each ofthem, are sued herein under said
fictitious names Plaintiffs are ignorant as to the true names and capacities of DOES 1 through
[00, whether individual, corporate, associate, or otherwise, and therefore sue said Defendants by
such fictitious names when their true names and capacities are ascertained, Plaintiffs will request
leave ofCourt to amend this Complaint to state their true names and capacities herein
3 27 Plaintiff are informed and believe, and on that basis allege, that at all times mentioned
herein, Defendants and each of them were the tnistees, partners, servants, joint venturers,
shareholders, contractors, and/or employees of each and every other Defendant, and the acts and
omissions herein alleged were done by them, acting individually, through such capacity and 

the scope oftheir authority, and with the permission and consent ofeach and every other Defendant

 

 

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and that said conduct was thereafter ratified by each and every other Defendant, and that each of
them is jointly and severally liable to Plaintiffs.
IV.
4.1.

JURISDICTION AND VENUE

The Court has jurisdiction over the controversy because damages are within the

jurisdictional limits of the Court.
4.2.

Venue is proper in Tarrant County, Texas under §15.002(a)(1) of the Texas Civil Practices

& Remedies Code, because all or a substantial part of the events or omissions giving rise to the
claim occurred in Tarrant County.

V.

FACTUAL ALLEGATIONS

FACTUAL ALLEGATIONS GENERALLY APPLICABLE TO ALL CLAIMS
5.2.

Defendant USASF institutes a program called SafeSport, which was purportedly intended

to creating a safe and positive environment for its participants' physical, emotional, and social
development and ensuring it promotes an environment free from abuse and misconduct.
5.3.

As part of this program, the USASF has implemented policies addressing certain types of

abuse and misconduct, as well as certain policies intended to reduce, monitor and govern the areas
where potential abuse and misconduct might occur.
5.4.

USASF states that membership in the organization is a privilege and can be withdrawn at

any time when it is determined that a member's conduct is inconsistent with the best interests of
All Star and the athletes we serve. Based on the notifications and general disclosures presented to
members in the USASF Professional Responsibility Code, USASF has the right to deny, suspend
or revoke membership. USASF has reserved the right to publish a list of individuals who have
violated the terms of membership and/or would not meet the qualifications for future membership
as they relate to athlete protection.
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 7

 5.5.

Notwithstanding these “safety measures,” Defendant USASF had a pattern and practice of

failing to adequately supervise, hire, retain, and/or remove sexually abusive members of its
organization, who is represented to parents, minors, and the public as being a safe program.
5.6.

At all times material hereto, Plaintiffs were minor cheer athletes competing within events

and competitions, sanctioned, sponsored, and/or attended by Defendants USASF, Varsity, CAI,
Harris and DOES 1 through 100, and was under their complete control, dominion, and supervision.
5.7.

Defendant Harris worked with Defendants USASF, Varsity, CAI, and DOES 1 through

100 and came into contact with Plaintiff through this agency, employment, servitude and/or
volunteer relationship with Defendants USASF, Varsity, CAI, and DOES 1 through 100.
5.8.

At all times material hereto, Defendant Harris was under the direct supervision,

management, agency and control of Defendants USASF, Varsity, CAI, and DOES 1 through 100,
inclusive.
5.9.

Defendant Harris was a coach, trainer, counselor, and confidant for minor children, while

at Defendants USASF, Varsity, CAI, and DOES 1 through 100. While a mentor, trainer, and/or
coach at and/or within Defendants USASF, Varsity, CAI, and DOES 1 through 100, Defendant
Harris was responsible for the training, conditioning, technique, encouragement, and development
of minor children, including the Plaintiffs, who were being groomed for success at the elite levels
of all-star cheerleading. While performing these duties, Defendant Harris violated his role as a
mentor, trainer, coach, sexually violated the Plaintiffs, and used his position of authority and power
over the Plaintiffs.
5.10.

As a minor athlete at or within Defendants USASF, Varsity, CAI, and DOES 1 through

100, while Defendant Harris was a coach at those facilities, events and competitions, the minor
Plaintiffs were, upon information and belief, under Defendant Harris’ direct supervision, control
and care, which created a special, confidential and fiduciary relationship between Plaintiffs and
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 8

 Defendant Harris. Because of such relationship, Defendant Harris owed Plaintiffs a duty of care.
5.11.

Additionally, as the employers, supervisors, and principals of Harris, with knowledge that

he was in contact with and supervising children, Defendants USASF, Varsity, CAI, and DOES 1
through 100 were also in a special, confidential and fiduciary relationship with Plaintiffs, owing
them a duty of care.
5.12.

By assigning and/or allowing Defendant Harris to serve as a coach, mentor, trainer and

confidant at the Defendants USASF, Varsity, CAI, and DOES 1 through 100, the Defendants
USASF, Varsity, CAI, and DOES 1 through 100 represented to the community that Defendant
Harris was safe, trustworthy, and of high moral and ethical repute, such that parents of minorathletes need not worry about having Defendant Harris interact with, and supervise their minor
children. Defendants USASF, Varsity, CAI, and DOES 1 through 100 did so in order to preserve
their own public image and reputation, so they could retain past minor athletes, recruit new minor
athletes and, thus allowing donations and tuition to continue flowing into their coffers for financial
gain.
5.13.

Plaintiffs are informed and believe, and on that basis allege, that Defendants knew or

should have known that Defendant Harris had engaged in unlawful sexually-related conduct in the
past, and/or was continuing to engage in such conduct. Defendants had a duty to disclose these
facts to Plaintiffs, their parents and others, but negligently and/or intentionally suppressed,
concealed or failed to disclose this information. The duty to disclose this information arose by the
special, trusting, confidential, fiduciary relationship between Defendants and Plaintiffs.
5.14.

Plaintiffs are informed and believe, and on that basis allege, that while Plaintiffs were

minor athletes at or within events and/or competitions sanctioned and/or sponsored by Defendants
USASF, Varsity, CAI, and DOES 1 through 100, Defendants engaged in a pattern and practice of
employing other staff and/or retaining agents and representatives known to be a danger to minors
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 9

 in their care, including Defendant Harris. Upon information and belief, Defendants employed
multiple other professionals, staff, and agents who were known to be sexually abusive and/or were
continuing to be abusive.
5.15.

Defendants knew of Defendant Harris’ propensity and disposition to engage in sexual

misconduct with minors before he sexually abused and molested Plaintiffs, and knew of the
probability that he would molest minors with whom he came into contact, such as Plaintiffs.
5.16.

Defendants failed to implement reasonable safeguards to avoid acts of unlawful sexual

conduct by Defendant Harris in the future, including avoiding placement of Defendant Harris in a
position where contact and interaction with children is an inherent function. Defendants ignored
and suppressed the past sexual misconduct Defendant Harris had engaged in.
5.17.

Plaintiffs are informed and believe and on that basis allege, that Defendants were apprised,

knew or should have known and/or were put on notice of Defendant Harris’ past and ongoing
sexual abuse of children, past claims and/or investigations, and his propensity and disposition to
engage in such unlawful activity and unlawful sexual activity with minor athletes such that
Defendants knew or should have known that Defendant Harris would commit wrongful sexual acts
with these minor athletes, including Plaintiffs.
5.18.

Plaintiffs are informed and believe and on that basis allege that personnel and/or

employment records and other records of Defendants reflect numerous incidents of inappropriate
sexual contact and conduct with minor athletes by Defendant Harris and other professionals,
employees, assistants, agents, supervisors and others, including incidents occurring both on and
off the physical premises of such Defendants. Based on these records, Defendants knew and/or
should have known of Defendant Harris’ history of sexual abuse, past claims and past
investigations, and his propensity and disposition to engage in unlawful activity and unlawful
sexual activity with minor athletes such that Defendants knew or should have known that
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 10

 Defendant Harris would commit wrongful sexual acts with those minor athletes, including
Plaintiffs.
5.19.

Because of the relationship between Plaintiffs and Defendants, Defendants had an

obligation and duty under the law not to hide material facts and information about Defendant
Harris’ past, and his deviant sexual behavior and propensities. Additionally, Defendants had an
affirmative duty to inform, warn, and institute appropriate protective measures to safeguard minors
who were reasonably likely to come in contact with Defendant Harris. Defendants willfully refused
to notify, give adequate warning and implement appropriate safeguards, thereby creating the peril
that ultimately damaged Plaintiffs.
5.20.

Prior to Plaintiffs’ sexual harassment, exploitation and abuse by Defendant Harris,

Defendants engaged in a pattern and practice of employing sexual abusers. Defendants concealed
these facts from athletes, their parents, the cheer community, the public at large, and law
enforcement.
5.21.

As part of Defendants' conspiratorial and fraudulent attempt to hide Defendant Harris’

propensity to sexually abuse children, and prior sexual misconduct with children, from public
scrutiny and criminal investigation, Defendants implemented various measures designed to make
Defendant Harris’ conduct harder to detect and ensure minors with whom he came into contact,
such as Plaintiffs, including:
a. Permitting Defendant Harris to remain in a position of authority and trust after
Defendants knew or had reason to know he was a molester of children;
b. Placing Defendant Harris in a separate and secluded environment, at Defendants’
premises and events, including assigning his to duties that included coaching,
training, and supervising minors and allowing Defendant Harris to physically and
sexually interact with the children, including Plaintiffs;
c. Failing to disclose Defendant Harris’ prior record of sexual abuse, harassment and
molestation and his propensity to commit such acts towards students and/or athletes
in Defendants’ program, the public at large, and law enforcement;
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 11

 d. Allowing Defendant Harris unsupervised and un-controlled access to minors;
e. Holding out Defendant Harris, as recently as September 2, 2020, to Plaintiffs, their
parents, and minors in the Defendants’ programs, as a trustworthy and honest
person of high ethical and moral repute who was capable and worthy of being
granted unsupervised access to the minor athletes of Defendants;
f. Failing to investigate or otherwise confirm or deny such facts about Defendant
Harris, including prior arrests, charges, claims and investigations for sexual abuse;
g. Failing to inform, or concealing from Plaintiffs’ parents and law enforcement
officials the fact that Plaintiffs and others were or may have been sexually abused,
harassed and molested, after Defendants knew or should have known that
Defendant Harris may have sexually abused Plaintiffs or others, thereby enabling
Plaintiffs to continue to be endangered and sexually abused, harassed, molested,
and/or creating the circumstance where Plaintiffs and others were less likely to
receive medical treatment, thus exacerbating the harm to Plaintiffs;
h. Holding out Defendant Harris to Plaintiffs, their parents, and to the community as
being in good standing and trustworthy;
i. Cloaking Defendant Harris’ prior sexual misconduct with children within the
facade of normalcy, thereby disguising the nature of his sexual abuse and contact
with minors;
j. Failing to take reasonable steps and to implement reasonable safeguards to avoid
acts of unlawful sexual conduct by Defendant Harris such as avoiding placement
of Defendant Harris in functions or environments in which his solitary contact with
children was inherent;
k. Failing to put in place a system or procedure to supervise or monitor employees,
volunteers, and agents to insure they do not molest or abuse minors in Defendants'
care.
5.22.

By his position within the Defendants' institutions, Defendant Harris attained a position of

influence over Plaintiffs, and others. Defendants' conduct created a situation of peril that was not
and could not be appreciated by Plaintiffs. By virtue of Defendants' conspiratorial and fraudulent
conduct, and in keeping with their intent to fail to disclose and hide Defendant Harris’ past and
present conduct from the community, the public at large and law enforcement, Defendants allowed
molester Defendant Harris to remain in a position of influence where him unsupervised or
negligently supervised conduct with minor athletes made the molestation and abuse of minor
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 12

 athletes possible.
5.23.

By his position within the Defendants' institutions, Defendants and Defendant Harris

demanded and required that Plaintiffs respect Defendant Harris in his position as a coach, trainer,
and mentor, at Defendants’ programs, events, competitions, and facilities.

FACTS ALLEGATIONS APPLICABLE TO PLAINTIFFS’ SEXUAL ABUSE BY HARRIS
5.24.

This case arises from a systemically exploitative environment that has been bubbling

within the All-Star Cheer community for years.
5.25.

Defendant Harris seized upon this environment and engaged in a pattern of sexual

harassment, exploitation, manipulation, intimidation, and sexual abuse of Plaintiffs, who were left
to be preyed upon without any protection from coaches, administrators, or corporate officials
within Entity Defendants.
5.26.

Harris’ predatory conduct and actions were not unforeseen or unprecedented. Rather, the

entire composition of All-Star Cheer has made it an almost certainty that vulnerable young boys,
especially homosexual boys such as Plaintiffs, will be sexually harassed, exploited and abused by
predators such as Harris.
5.27.

Plaintiffs are identical twins who, at young ages, have already become standouts in their

sport of All-Star Cheer, making a name for themselves and their competitive All-Star Cheer team.
5.28.

Due to their success, Plaintiffs have had the opportunity to compete at the highest level of

All-Star Cheer, including participating in national and world-wide competitions sanctioned and
sponsored by USASF and Varsity.
5.29.

Among these competitions, Plaintiffs have competed at the ACA Nationals, the NCA

National Championships, as well as other regional and national summit competitions throughout
the country.
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 13

 5.30.

As referenced herein, in order to compete with a club at USASF-sanctioned competitions,

such as ACA Nationals and NCA, Cheer clubs and athletes are required to become member-clubs
and member-athletes, respectively. Plaintiffs were no exception, as they were, at all relevant times
herein, required to pay their annual membership dues to the USASF and were similarly mandated
to register for competitions, summits, and events which were sanctioned and sponsored by Varsity.
5.31.

These competitions, summits, and events are often held at large convention halls

throughout the country. ACA Nationals are typically held at the Fort Worth Convention Center,
located at 1201 Houston St., Fort Worth, TX 76102. NCA National Championships are typically
held at the Kay Bailey Hutchison Convention Center in Dallas.
5.32.

Throughout these competitions, summits, and events, including at ACA Nationals,

Plaintiffs have had the opportunity to meet with “stars” from the All-Star Cheer community.
Among these stars is Harris.
5.33.

Upon information and belief, Harris is a 21-year-old former and/or current student at

Navarro College (“Navarro”), who has competed with the Navarro cheer squad, including at
national competitions as well as competing and coaching with CAI, helping CAI to win multiple
national championships.
5.34.

Navarro is a 14-time NCA National Championship winning team. Due to its success in the

collegiate cheer competitions, Navarro became the focus of a Netflix docuseries entitled “Cheer”
which has gained international popularity.
5.35.

Harris, as one of the featured team members of Navarro’s cheer squad within the Cheer

docuseries, became a “household name.”
5.36.

Leading up to, during, and following the distribution of the Cheer docuseries, Harris

exploited his popularity and position of fame with young male cheer athletes. Unfortunately,
Plaintiffs were among those victims preyed upon by Harris.
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 14

 5.37.

More specifically, in 2018, Plaintiffs were only 13 years old and were competing in various

NCA and ACA events, which were sponsored and sanctioned by USASF and Varsity.
5.38.

In or about 2018, Harris was an adult and maintained a highly respected position as a

national champion with Navarro as well as a coach, representative and agent for CAI.
5.39.

It was in 2018 when Harris befriended Plaintiffs at one of the national competitions both

in-person and via social media platforms. Plaintiffs were “star struck,” as Harris was already a
known All-Star Cheer personality, icon and coach within the state and nationally. Utilizing this
position of authority and prominence, Harris asked that Plaintiffs give him their phone numbers
and social media account names.
5.40.

Harris soon began grooming Plaintiffs by texting Plaintiffs and “friending” Plaintiffs on

various social media platforms, including Instagram, Twitter and Snap Chat.
5.41.

Almost immediately, Harris’ messages to Plaintiffs turned sexual in nature, including

demanding that John HC Doe send “booty pics,” which meant that Harris was demanding that
John HC Doe transmit photographs of John HC Doe’s nude buttocks to Harris.
5.42.

Via these electronic platforms and text messages, Harris continually asked Plaintiffs about

their relationships and sexual experiences. Harris would also call Plaintiffs and/or FaceTime with
them, to make them feel special and that he cared for them.
5.43.

When Plaintiffs were only approximately 13-14 years old, Plaintiffs would also see Harris

at various competitions throughout the country, including within the State of Texas. Harris would
attend these competitions in his capacity as a coach, athlete, agent, and/or representative with CAI,
as a member of USASF as well as an agent and representative of Varsity.
5.44.

At these competitions, in plain view of other CAI coaches, Varsity administrators and

USASF officials, Harris would repeatedly hug and hold Plaintiffs.
5.45.

Harris’ grooming, harassment and molestation of Plaintiffs soon progressed, as Harris

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 15

 exploited the fact that Plaintiffs were openly gay.
5.46.

At or about the time that Plaintiffs were 13-14 years of age, Harris began sending sexually

explicit messages to Plaintiffs. Among the messages, Harris would demand that Plaintiffs “send
nudes,” expressly demand that these young boys send Harris child pornography, including pictures
of their naked bodies, penises and buttocks.
5.47.

Harris would manipulate Plaintiffs, demanding that Plaintiffs comply with Harris’

demands for photos to prove that Plaintiffs loved Harris. Harris would further manipulate
Plaintiffs, including among other things, suggesting that Harris could increase Plaintiffs’ social
media presence with a message or a post from Harris on Plaintiffs’ social media, but only in
exchange for Plaintiffs sending nude photos of themselves to Harris.
5.48.

Due to the manipulation and Plaintiffs’ trust in Harris as their mentor, Plaintiffs often

reluctantly complied with Harris’ demands, sending photos of themselves to Harris.
5.49.

Harris would also send sexually explicit photos and videos of himself to Plaintiffs,

including, but not limited to photographs of Harris’ penis and body as well as videos of Harris
masturbating himself.
5.50.

Harris’ messages were not limited to electronic harassment and abuse. Harris often

attempted to make Plaintiffs meet Harris in secluded locations at various competitions, soliciting
sexual conduct with these boys.
5.51.

As just one example, while at a competition, on May 3, 2019, Harris texted John HC Doe:

“Hey btw I found a place for us to do stuff it’s actually pretty good.” See Exhibit A hereto.
5.52.

On other occasions, Harris would expressly ask Plaintiffs if they wanted to engage in sexual

contact with Harris, texting: “Would you ever want to ****.” See Exhibit B hereto.
5.53.

Harris’ attempts to seclude and corner Plaintiffs became a reality.

5.54.

In February of 2019, Plaintiffs were competing at the ACA Nationals Competition, which

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 16

 was held at the Fort Worth Convention Center. During the ACA Nationals and other competitions,
the cheer athletes and coaches congregate between performances in the convention center halls,
often without any supervision by other administrators, officials, or directors from Varsity or
USASF.
5.55.

In February of 2019, while at the ACA Nationals competition at the Fort Worth Convention

Center, Harris seized upon the opportunities to prey upon children, without supervision.
5.56.

Among other sexually harassing and exploitative conduct, Harris told John HC Doe to

follow him to a secluded bathroom away from the other participants within the Fort Worth
Convention Center. John HC Doe reluctantly complied to avoid making a scene in front of other
athletes and coaches.
5.57.

Harris led John HC Doe away from the group, down a deserted hallway to a distant

bathroom. After Harris required that John HC Doe join Harris in the bathroom, Harris closed
himself in a stall with John HC Doe.
5.58.

Harris proceeded to sexually harass and molest John HC Doe and started demanding and

begging that John HC Doe perform oral sex on Harris. Despite John HC Doe refusing to submit to
Harris’ demands, Harris continued to plead with John HC Doe for oral sex.
5.59.

Because they were in the bathroom for a significant period of time, John HC Doe started

getting notifications on his phone from text messages and phone calls from teammates and his twin
brother (John HS Doe), asking where John HC Doe and Harris were.
5.60.

Eventually, because Harris would not stop demand oral sex, John HC Doe ran out of the

bathroom and rejoined the rest of his teammates. Later that day, John HC Doe told his brother
John HS Doe what had happened.
5.61.

Even after this harassing and abusive encounter in Fort Worth, Harris’ sexual messaging

and texting to Plaintiffs continued. Harris would continue to harass and abuse Plaintiffs via social
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 17

 media messages.
5.62.

In April 2020, when Plaintiff John HC Doe was only 14 years old, Plaintiff John HC Doe

posted a photograph on his Snap Chat account depicting John HC Doe engaging in a skillful
flexibility maneuver known as the “needle” pose. Evidencing John HC Doe’s young age and
innocence, clearly shown in the background of the photograph was one of John HC Doe’s stuffed
animals. See Exhibit C hereto.
5.63.

In response to that posting, Harris messaged John HC Doe on Snap Chat and revoltingly

demanded that John HC Doe: “Do it naked and take a video and show me [winking emoticon].”
See Exhibit D hereto.
5.64.

On this same night that Harris sent this exploitative message, Plaintiffs learned that they

were not alone and that Harris has multiple victims of his sexual exploitations throughout the cheer
community.
5.65.

Harris’ sexual harassment, exploitation, abuse of Plaintiffs was ongoing and incessant. In

or around February of 2020, Plaintiffs’ mother discovered various messages on Plaintiffs’ cell
phones and social media, including some of the above-described sexually explicit messages,
images and videos.
5.66.

After learning that Plaintiffs were not the only victims of Harris, Plaintiffs’ mother took

action to report Harris to USASF, Varsity and CAI, including providing evidentiary proof of the
manipulation, sexual harassment and exploitation that her sons had suffered.
5.67.

Upon information and belief, despite those reports and submission of proof, as of the date

of this Petition, Harris continues to have a “green light” to serve as a coach, mentor, representative,
and agent of Entity Defendants and therefore continues to have access to children.
5.68.

Plaintiffs’ mother also took action to report Harris to law enforcement, including reporting

Harris to Fort Worth Police Department on July 10, 2020. Plaintiffs’ mother also filed a report
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 18

 with the Federal Bureau of Investigation (“FBI”) on August 8, 2020. As of the date of this Petition,
Plaintiffs are informed and believe and thereon allege that there exist open police and FBI
investigations of Harris and Entity Defendants.
5.69.

As a result of the above-described conduct, Plaintiffs have suffered and continues to suffer

great pain of mind and body, shock, emotional distress, physical manifestations of emotional
distress including stress, anxiety, embarrassment, loss of self-esteem, disgrace, humiliation, and
loss of enjoyment of life; have suffered and continues to suffer and was prevented and will continue
to be prevented from performing daily activities and obtaining the full enjoyment of life; will
sustain loss of earnings and earning capacity, and/or has incurred and will continue to incur
expenses for medical and psychological treatment, therapy, and counseling.
5.70.

Upon information and belief, USASF, Varsity and CAI knew or should have known that

Harris was communicating with minors, including Plaintiffs, via text messages and various social
media platforms.
5.71.

Upon information and belief, directors, administrators, officials and representatives of

USASF, Varsity and CAI knew or should have known that Harris would repeatedly hug,
inappropriate touch, and hold minors, including Plaintiffs.
5.72.

Upon information and belief, prior to the aforementioned sexually harassment, exploitation

and abuse of Plaintiffs by Harris, USASF, Varsity and CAI knew or should have known of Harris’
prurient interest in children and that Harris had a dangerous propensity to engage in sexual
misconduct with children, including various individuals within the cheer community having
knowledge that Harris had a particular interest in very young male athletes.
5.73.

Upon information and belief, Entity Defendants’ have refused to and/or failed to remove

Harris from having access to children and/or failed to timely report Harris to child protective
agencies in violation of their duties as mandated reporters.
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 19

 5.74.

As a direct result of the sexual harassment, exploitation abuse and molestation of Plaintiffs

by Defendant Harris, Plaintiffs have had difficulty in meaningfully interacting with others,
including those in positions of authority over Plaintiffs including teachers, and supervisors.
Plaintiffs have been limited in their ability to meaningfully interact with others due to the trauma
of childhood sexual abuse. This inability to interact creates conflict with Plaintiffs’ values of trust
and confidence in others, and has caused Plaintiffs substantial emotional distress, anxiety,
nervousness and fear. As a direct result of the sexual harassment, exploitation, abuse and
molestation by Defendant Harris, Plaintiffs have experienced difficulties in their personal and
academic life. Almost immediately following the abuse, Plaintiffs began to withdraw from their
family and friends and Plaintiff's motivation diminished drastically.
5.75.

As a further direct and proximate result of Defendants' wrongful actions, as herein alleged,

Plaintiffs have been hurt in his health, strength and activity. Plaintiffs have sustained permanent
and continuing injuries, which have caused and continue to cause great mental, physical and
nervous pain, suffering, fright, upset, grief, worry and shock in an amount according to proof at
trial but in no event less than the jurisdictional minimum requirements of this Court.
VI.
6.1.

CAUSES OF ACTION

Plaintiffs incorporate and adopt by reference the factual allegations above for all causes

of actions and claims for damages set forth below. Whenever it is alleged herein that Defendants
committed an act or omission, it includes the acts and/or omissions of the agents, servants, and/or
employees of Defendants while engaged in the course and scope of their employment and/or
agency for Defendants.
///
///

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 20

 NEGLIGENCE
[AGAINST ALL DEFENDANTS EXCEPT HARRIS]
6.2.

Plaintiffs re-allege and incorporate by reference herein each and every allegation contained

herein above as though fully set forth and brought in this cause of action.
6.3.

Prior to and after the first incident of Defendant Harris sexual harassment, molestation and

abuse of Plaintiffs, through the present, Defendants, knew or should have known that Defendant
Harris had and was capable of sexually, physically, and mentally abusing, exploiting and harassing
Plaintiffs or other victims.
6.4.

Defendants and each of them had special duties to protect the Plaintiffs and the other minor

athletes, when such minors were entrusted to Defendants' care by their parents. Plaintiffs’ care,
welfare and physical custody was entrusted to Defendants. Defendants voluntarily accepted the
entrusted care of Plaintiffs. As such, Defendants owed Plaintiffs, minor children, a special duty of
care that adults dealing with children owe to protect them from harm as well as a duty to properly
train their employees, agents and representatives. The duty to protect and warn arose from the
special, trusting, confidential, and fiduciary relationship between Defendants and Plaintiffs.
6.5.

Defendants breached their duties of care to the minor Plaintiffs by allowing Defendant

Harris to come into contact with the minor Plaintiffs and other minor athletes, without supervision;
by failing to adequately train their employees, agents, representatives and members; by failing to
adequately hire, supervise and/or retain Defendant Harris who they permitted and enabled to have
access to Plaintiffs; by concealing from Plaintiffs, their family, and law enforcement that
Defendant Harris was sexually harassing, exploiting, molesting and abusing minors; and by
holding Defendant Harris out to Plaintiffs and their family as being of high moral and ethical
repute, in good standing and trustworthy.

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 21

 6.6.

Defendants breached their duties to Plaintiffs by failing to investigate or otherwise confirm

or deny such facts of sexual exploitation, harassment and abuse by Defendant Harris, failing to
reveal such facts to Plaintiffs, their parents, the community and law enforcement agencies, and by
placing Defendant Harris into a position of trust and authority, holding his out to Plaintiffs, their
parents, and the public as being in good standing and trustworthy.
6.7.

Defendants breached their duty to Plaintiffs by failing to adequately monitor and supervise

Defendant Harris and failing to prevent Defendant Harris from committing wrongful sexual acts
with minors including Plaintiffs. Upon information and belief, Defendants’ past records of sexual
misconduct by Defendant Harris caused Defendants to know, or gave them reason to know, of
Defendant Harris’ incapacity to serve as a teacher, counselor, mentor, and coach, charged with
teaching, tutoring, mentoring, and supervising children while with Defendants.
6.8.

Under Texas Mandatory Reporting Laws, Defendants, by and through their employees and

agents, were child care custodians and were under a statutory duty to report known or suspected
incidents of sexual harassment, molestation or abuse of minors to a child protective agency,
pursuant to Texas Family Code section 261.01, et seq., and not to impede the filing of any such
report.
6.9.

Defendants knew or should have known that Defendant Harris, their coach, counselor, and

trainer, agent, and/or representative had sexually molested, harassed, exploited, abused, or caused
touching, battery, harm, and other injuries to minors, including Plaintiffs, giving rise to a duty to
report such conduct under Texas Family Code section 261.01, et seq. Defendants also knew, or
should have known, in the exercise of reasonable diligence, that an undue risk to minors, including
Plaintiffs, existed because Defendants did not comply with Texas’s mandatory reporting
requirements.

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 22

 6.10.

By failing to report the continuing molestations and abuse, and by ignoring the fulfillment

of the mandated compliance with the reporting requirements provided under Texas Family Code
section 261.01, et seq., Defendants created the risk and danger contemplated by the Texas
Mandatory Reporting Laws, and as a result, unreasonably and wrongfully exposed Plaintiffs and
other minors to sexual exploitation, molestation and abuse.
6.11.

Plaintiffs were members of the class of persons for whose protection Texas Family Code

section 261.01, et seq. was specifically adopted to protect.
6.12.

Had Defendants adequately reported the molestation of Plaintiffs and other minors as

required by Texas Family Code section 261.01, et seq., further harm to Plaintiffs and other minors
would have been avoided.
6.13.

As a proximate result of Defendants' failure to abide by their duties and breach thereof, and

Defendants’ failure to follow the mandatory reporting requirements of Texas Family Code section
261.01, et seq., Defendants wrongfully denied Plaintiffs and other minors the intervention of child
protection services. Such public agencies would have changed the then-existing arrangements and
conditions that provided the access and opportunities for the molestation of Plaintiffs by Defendant
Harris.
6.14.

The physical, mental, and emotional damages and injuries resulting from the sexual

harassment, exploitation, and molestation of Plaintiffs by Defendant Harris, were the type of
occurrence and injuries that Texas Mandatory Reporting Law was designed to prevent.
6.15.

As a result, Defendants' failure to comply with the mandatory reporting requirements of

Texas Family Code section 261.01, et seq. also constituted a per se breach of Defendants' duties
to Plaintiffs.
6.16.

As a result of the above-described conduct, Plaintiffs have suffered and continue to suffer

great pain of mind and body, shock, emotional distress, physical manifestations of emotional
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 23

 distress including embarrassment, loss of self-esteem, disgrace, humiliations, and loss of
enjoyment of life; have suffered and continues to suffer and were prevented and will continue to
be prevented from performing daily activities and obtaining the full enjoyment of life; will sustain
loss of earnings and earning capacity, and has incurred and will continue to incur expenses for
medical and psychological treatment, therapy, and counseling.’

NEGLIGENT SUPERVISION
[AGAINST ALL DEFENDANTS EXCEPT HARRIS]
6.17.

Plaintiffs re-allege and incorporate by reference herein each and every allegation contained

herein above as though fully set forth and brought in this cause of action.
6.18.

By virtue of Plaintiffs’ special relationship with Defendants, and Defendants' relation to

Defendant Harris, Defendants owed Plaintiffs a duty to provide reasonable supervision of
Defendant Harris, to use reasonable care in investigating Defendant Harris’ background, and to
provide adequate warning to Plaintiffs, Plaintiffs’ family, and minor athletes of Defendant Harris’
dangerous propensities and unfitness.
6.19.

As representatives of Defendant Harris, where many of the athletes thereof are vulnerable

minors entrusted to Defendant Harris, Defendants’ principals, managing administrators, coaches,
representatives and agents expressly and implicitly represented that their coaches, counselors,
mentors and trainers, including Defendant Harris, were not a sexual threat to children and others
who would fall under Defendant Harris' influence, control, direction, and guidance.
6.20.

Defendants, by and through their respective agents, servants and employees, knew or had

reason to know of Defendant Harris’ dangerous and exploitive propensities and that Defendant
Harris was an unfit agent. Despite such knowledge, Defendants negligently failed to supervise
Defendant Harris in his position of trust and authority as a coach, counselor, trainer, and authority
figure over children, where he was able to commit wrongful acts of sexual misconduct against the
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 24

 Plaintiffs. Defendants failed to provide reasonable supervision of Defendant Harris, failed to use
reasonable care in investigating Defendant Harris, and failed to provide adequate warning to
Plaintiffs and Plaintiffs’ family of Defendant Harris’ dangerous propensities and unfitness.
Defendants further failed to take reasonable steps to ensure the safety of minors, including
Plaintiffs, from sexual harassment, exploitation, molestation and abuse.
6.21.

At no time during the periods of time alleged did Defendants have in place a reasonable

system or procedure to investigate, supervise and monitor coaches, counselors, and trainers,
including Defendant Harris, to prevent pre-sexual grooming and sexual harassment, molestation
and abuse of children, nor did they implement a system or procedure to oversee or monitor conduct
toward minors and others in Defendants' care.
6.22.

Defendants were aware or should have known of how vulnerable children were to sexual

harassment, exploitation, molestation and abuse by members, staff, and other persons of authority
within Defendants’ entities.
6.23.

Defendants were put on notice, knew or should have known that Defendant Harris had

previously engaged and was continuing to engage in unlawful sexual conduct with minors, and
had committed other felonies, for his own personal sexual gratification, and that it was foreseeable
that he was engaging, or would engage in illicit sexual activities with Plaintiffs, and others, under
the cloak of the authority, confidence, and trust, bestowed upon his through Defendants.
6.24.

Defendants were placed on actual or constructive notice that Defendant Harris had

molested other minors and athletes during his employment and/or agency with Defendants.
Defendants were informed of harassment, exploitation, and molestations of minors committed by
Defendant Harris prior to Plaintiffs’ sexual harassment and abuse, and of conduct by Defendant
Harris that would put a reasonable person on notice of such propensity to molest and abuse
children.
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 25

 6.25.

Even though Defendants knew or should have known of these illicit sexual activities by

Defendant Harris, Defendants did not reasonably investigate, supervise or monitor Defendant
Harris to ensure the safety of the minor athletes.
6.26.

Defendants' conduct was a breach of their duties to Plaintiffs.

6.27.

Defendants, and each of them, breached their duty to Plaintiffs by, inter alia, by failing to

adequately monitor and supervise Defendant Harris and stop Defendant Harris from committing
wrongful sexual acts with minors including Plaintiffs.
6.28.

As a result of the above-described conduct, Plaintiffs have suffered and continue to suffer

great pain of mind and body, shock, emotional distress, physical manifestations of emotional
distress including embarrassment, loss of self-esteem, disgrace, humiliations, and loss of
enjoyment of life; have suffered and continue to suffer and were prevented and will continue to be
prevented from performing daily activities and obtaining the full enjoyment of life; will sustain
loss of earnings and earning capacity, and/or have incurred and will continue to incur expenses for
medical and psychological treatment, therapy, and counseling.

NEGLIGENT HIRING/RETENTION
[AGAINST ALL DEFENDANTS EXCEPT HARRIS]
6.29.

Plaintiffs re-allege and incorporate by reference herein each and every allegation contained

herein above as though fully set forth and brought in this cause of action.
6.30.

By virtue of Plaintiffs’ special relationship with Defendants, and Defendants' relation to

Defendant Harris, Defendants owed Plaintiff a duty to not hire or retain Defendant Harris, given
his dangerous and exploitive propensities, which Defendants knew or should have known about
had they engaged in a reasonable, meaningful, and adequate investigation of his background prior
to his hiring or retaining his in subsequent positions of employment and/or agency.

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 26

 6.31.

Defendants expressly and implicitly represented that the coaches, trainers, and mentors,

including Defendant Harris, were not a sexual threat to children and others who would fall under
Defendant Harris’ influence, control, direction, and guidance.
6.32.

At no time during the periods of time alleged did Defendants have in place a reasonable

system or procedure to investigate, supervise and monitor counselors, coaches, mentors,
representatives, agents, and managing administrators, including Defendant Harris, to prevent presexual grooming or sexual harassment, exploitation, molestation and abuse of children, nor did
they implement a system or procedure to oversee or monitor conduct toward minors, athletes and
others in Defendants' care.
6.33.

Defendants were aware or had reason to be aware and understand how vulnerable children

were to sexual harassment, exploitation, molestation and abuse by coaches, mentors, and other
persons of authority within the control of Defendants prior to Plaintiffs’ sexual harassment,
exploitation and abuse by Defendant Harris.
6.34.

Defendants were put on notice, and should have known that Defendant Harris had

previously engaged and continued to engage in unlawful sexual conduct with minors and was
committing other felonies, for his own personal gratification, and that it was, or should have been
foreseeable that he was engaging, or would engage in illicit sexual activities with Plaintiffs, and
others, under the cloak of his authority, confidence, and trust, bestowed upon his through
Defendants.
6.35.

Defendants were placed on actual or constructive notice that Defendant Harris had

molested or was molesting minors and athletes, both before his employment, membership and/or
agency within Defendants, and during that employment, membership and/or agency. Defendants
had knowledge of inappropriate conduct and molestations committed by Defendant Harris before

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 27

 and during his employment, membership and/or agency, yet chose to allow his to remain
unsupervised where he sexually harassed, exploited, and abused Plaintiffs.
6.36.

Even though Defendants knew or should have known of these sexually illicit activities by

Defendant Harris, Defendants failed to use reasonable care in investigating Defendant Harris and
did nothing to stop, remove or terminate Defendant Harris to ensure the safety of the minor
athletes.
6.37.

Defendants' conduct was a breach of their duties to Plaintiffs.

6.38.

As a result of the above-described conduct, Plaintiffs have suffered and continue to suffer

great pain of mind and body, shock, emotional distress, physical manifestations of emotional
distress including embarrassment, loss of self-esteem, disgrace, humiliations, and loss of
enjoyment of life; has suffered and continue to suffer and were prevented and will continue to be
prevented from performing daily activities and obtaining the full enjoyment of life; will sustain
loss of earnings and earning capacity, and/or have incurred and will continue to incur expenses for
medical and psychological treatment, therapy, and counseling.

PREMISES LIABILITY
[AGAINST VARSITY AND USASF AND DOES 1-100]
6.39.

Plaintiffs re-allege and incorporate by reference herein each and every allegation contained

herein above as though fully set forth and brought in this cause of action.
6.40.

At all relevant times herein, Plaintiffs were invitees to the Fort Worth Convention Center,

located at 1201 Houston St., Fort Worth, TX 76102, for the purposes of competing at ACA
Nationals Competition in February of 2019.
6.41.

At all relevant times herein, upon information and belief, Defendants Varsity, USASF and

DOES 1-100 operated, leased, and controlled the property of the Fort Worth Convention Center,

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 28

 where the ACA Nationals Competition was held and, similarly, sponsored and/or sanctioned by
Varsity and USASF.
6.42.

Defendants Varsity and USASF, and each of them, were negligent in the use, maintenance

and management of the Fort Worth Convention Center in that they permitted and allowed a known
dangerous condition and individual, Harris, to have unfettered and unsupervised access to young
children, including Plaintiffs, on said property and allowed Harris to sexually harass, exploit,
molest and abuse Plaintiffs on said property.
6.43.

Plaintiffs were among the class of persons who were foreseeable and to whom a duty was

owed by Defendants Varsity, USASF and DOES 1-100.
6.44.

Based upon their prior knowledge, Defendants and each of them, knew Harris to be a

dangerous condition and risk of said property and presented an unreasonable risk of harm to
minors, including Plaintiffs.
6.45.

Harris was a direct cause of the injuries to Plaintiffs at the subject property.

6.46.

Defendants had a duty to control Harris on the subject property, due to Defendants’ prior

notice and knowledge of Harris’ propensity and disposition to engage in sexual misconduct with
minors before he sexually harassed, exploited, abused and molested Plaintiffs.
6.47.

As a result of the above-described conduct, Plaintiffs have suffered and continue to suffer

great pain of mind and body, shock, emotional distress, physical manifestations of emotional
distress including embarrassment, loss of self-esteem, disgrace, humiliations, and loss of
enjoyment of life; has suffered and continue to suffer and were prevented and will continue to be
prevented from performing daily activities and obtaining the full enjoyment of life; will sustain
loss of earnings and earning capacity, and/or have incurred and will continue to incur expenses for
medical and psychological treatment, therapy, and counseling.

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 29

 NEGLIGENT MISREPRESENTATION
[AGAINST ALL DEFENDANTS EXCEPT HARRIS]
6.48.

Plaintiffs re-allege and incorporate by reference herein each and every allegation contained

herein above as though fully set forth and brought in this cause of action.
6.49.

Plaintiffs are informed and believe, and thereon allege, that the Entity Defendants and

DOES 1-100 each affirmatively represented to Plaintiffs and their family that their facilities,
competitions, events, programs, agents and representatives provided safe environments for
children.
6.50.

Plaintiffs are further informed and believe, and thereon allege, that the Entity Defendants

and DOES 1-100 each affirmatively represented to Plaintiffs and their family that Defendants had
sufficient policies and procedures in place to ensure that children were safe in their facilities,
competitions, events, and programs.
6.51.

Plaintiffs are further informed and believe, and thereon allege, that the Entity Defendants

and DOES 1-100 each affirmatively represented to Plaintiffs and their family that Defendant Harris
did not have a history of abusing, harassing, exploiting and/or molesting children, that the Entity
Defendants did not know or suspect that Defendant Harris had a history of molesting, harassing
and exploiting children and/or that the Entity Defendants did not know that Defendant Harris was
a danger to children.
6.52.

Each representation was material and false.

6.53.

In addition to the representations being made directly to Plaintiffs and their parents, the

Entity Defendants, through their officials, by the very nature of their businesses, made these
representations with knowledge and intent that they would be communicated to the Plaintiffs
through their parents/caregivers’ words and actions.

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 30

 6.54.

The Entity Defendants also had reason to believe that the representations would influence

the amount and type of time Plaintiffs spent in close proximity with Defendant Harris within the
Defendants’ sponsored and/or sanctioned events, competitions, and programs, Defendant Harris’
access to Plaintiffs, and Defendant Harris’ ability to harass, exploit, abuse, and molest Plaintiffs.
6.55.

Based on information and belief, Defendant Harris had a history of harassing, exploiting

and molesting children, and was openly and notoriously grooming and abusing Plaintiffs during
the relevant time frame. Entity Defendants knew and/or should have known that Defendant Harris
had a history of sexually harassing, exploiting and molesting children and/or that he posed an
obvious and ongoing danger to children, specifically Plaintiffs.
6.56.

Plaintiffs

and

their

family

justifiably

relied

upon

the

Entity

Defendants’

misrepresentations, which caused Plaintiffs to suffer harassment, molestation, and sexual abuse by
Defendant Harris, as well as suffer other damages described herein.

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
[AGAINST ALL DEFENDANTS]
6.57.

Plaintiffs re-allege and incorporate by reference herein each and every allegation contained

herein above as though fully set forth and brought in this cause of action.
6.58.

Defendants’ conduct toward Plaintiffs, as described herein, was outrageous and extreme.

6.59.

A reasonable person would not expect or tolerate the sexual harassment, exploitation,

molestation and abuse of Plaintiffs by Harris, and Defendants’ knowledge and callous indifference
thereof.
6.60.

A reasonable person would not expect or tolerate Defendants putting Defendant Harris,

who, upon information and belief, was known to Defendants to have physically and sexually
harassed, exploited and abused other minors, with unfettered and unsupervised access to children,
including Plaintiffs, which enabled Harris so that he could commit wrongful sexual acts, including
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 31

 the conduct described herein, with minors, including Plaintiffs. Plaintiffs had great trust, faith and
confidence in Defendants, which, by virtue of Defendants' wrongful conduct, turned to fear.
6.61.

Further, a reasonable person would not expect or tolerate the Defendants and their agents

to be incapable of supervising and/or stopping members, coaches, agents and representatives of
Defendants, including Defendant Harris, from committing wrongful sexual acts with minors,
including Plaintiffs. Plaintiffs had great trust, faith and confidence in Defendants, which, by virtue
of Defendants' wrongful conduct, turned to fear.
6.62.

Defendants’ conduct toward Plaintiffs, as described herein, was outrageous and extreme.

6.63.

Defendants' conduct described herein was intentional and reckless and done for the purpose

of causing or with the substantial certainty that Plaintiffs would suffer humiliation, mental anguish,
and emotional and physical distress.
6.64.

As a result of the above-described conduct, Plaintiffs have suffered and continue to suffer

great pain of mind and body, shock, severe emotional distress, embarrassment, loss of self-esteem,
disgrace, humiliation, and loss of enjoyment of life; have suffered and continue to suffer and were
prevented and will continue to be prevented from performing daily activities and obtaining the full
enjoyment of life; will sustain loss of earnings and earning capacity, and/or have incurred and will
continue to incur expenses for medical and psychological treatment, therapy, and counseling.
6.65.

Based on the above-described outrageous, malicious, or otherwise morally culpable

conduct by Defendants, Plaintiffs specifically plead for the recovery of exemplary damages under
TEX. CIV. PRAC. & REM. CODE §§41.001(5) and 41.003.
6.66.

Defendants’ actions were done with the specific intent to cause substantial injury or harm

to Plaintiffs. As such, those actions give rise to an award of exemplary and punitive damages
against Defendants, and each of them.

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 32

 SEXUAL HARASSMENT
[AGAINST ALL DEFENDANTS]
6.67.

Plaintiffs re-allege and incorporate by reference herein each and every allegation contained

herein above as though fully set forth and brought in this cause of action.
6.68.

During Plaintiffs’ time as minor athletes at and/or within Defendants Harris, USASF,

Varsity, CAI, and DOES 1 through 100, Defendant Harris intentionally, recklessly and wantonly
made sexual advances, solicitations, requests, demands for sexual compliance of a hostile nature
based on Plaintiffs’ gender that were unwelcome, pervasive and severe, including but not limited
to: Defendant Harris demanding that Plaintiffs comply with Harris’ demands for photos to prove
that Plaintiffs loved Harris; Harris demanding and requiring Plaintiffs send nude photos of
themselves to Harris; and Harris sending sexually explicit photos and videos of himself to
Plaintiffs, including, but not limited to photographs of Harris’ penis and body as well as videos of
Harris masturbating himself, all under the supervision of Defendants, who were acting in the
course and scope of their agency with Defendants and each of them.
6.69.

The incidents of harassment, exploitation and abuse outlined herein above took place while

Plaintiffs were under the control of Defendants, as well as the staff of Defendants USASF, Varsity,
CAI and DOES 1 through 100, in their capacity and position as coaches, trainers, counselors,
supervisors and administrators at Entity Defendants and DOES 1 through 100 and while acting
specifically on behalf of Entity Defendants.
6.70.

During Plaintiffs’ time as minor athletes while Plaintiffs were under the control of

Defendants, as well as the staff of Defendants USASF, Varsity, CAI and DOES 1 through 100,
Defendant Harris intentionally, recklessly and wantonly did acts which resulted in harmful and
offensive conduct that required offensive contact with intimate parts of Plaintiffs’ person,

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 33

 including but not limited to, using his position of authority and age to force Plaintiffs to give into
Defendant Harris’ sexual suggestions.
6.71.

Because of Plaintiffs’ relationship with Defendants USASF, Varsity, CAI and DOES 1

through 100, and Plaintiffs’ young ages as minor athletes, Plaintiffs were unable to easily terminate
the relationship they had with the Defendants.
6.72.

Because of Defendant Harris’ age and position of authority, physical and virtual seclusion

of the Plaintiffs, Plaintiffs’ mental and emotional states, and Plaintiffs’ young ages under the age
of consent, Plaintiffs were unable to, and did not, give meaningful consent to such acts.
6.73.

Even though Defendants knew or should have known of these activities by Defendant

Harris, Defendants did nothing to investigate, supervise or monitor Defendant Harris to ensure the
safety of the minor athletes.
6.74.

Because of Plaintiffs’ relationship with Defendants, as minor athletes training and

competing at events, programs, and competitions with Defendants, and Plaintiffs’ young ages as
minor athletes, Plaintiffs were unable to easily terminate the mentor-athlete relationship they had
with Defendants.
6.75.

Principles of ratification apply when the principal ratifies the agent's originally

unauthorized harassment, as is alleged to have occurred herein.
6.76.

Defendants' conduct (and the conduct of their agents) was a breach of their duties to

Plaintiffs.
6.77.

As a result of the above-described conduct, Plaintiffs have suffered and continue to suffer

great pain of mind and body, shock, emotional distress, physical manifestations of emotional
distress including embarrassment, loss of self-esteem, disgrace, humiliations, and loss of
enjoyment of life; has suffered and continue to suffer and were prevented and will continue to be
prevented from performing daily activities and obtaining the full enjoyment of life; will sustain
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 34

 loss of earnings and earning capacity, and/or have incurred and will continue to incur expenses for
medical and psychological treatment, therapy, and counseling.
6.78.

Based on the above-described outrageous, malicious, or otherwise morally culpable

conduct by Defendants, Plaintiffs specifically plead for the recovery of exemplary damages under
TEX. CIV. PRAC. & REM. CODE §§41.001(5) and 41.003.
6.79.

Defendants’ actions were done with the specific intent to cause substantial injury or harm

to Plaintiffs. As such, those actions give rise to an award of exemplary and punitive damages
against Defendants, and each of them.

CIVIL ASSAULT
[Against Harris Only]
6.80.

Plaintiffs re-allege and incorporate by reference herein each and every allegation contained

herein above as though fully set forth and brought in this cause of action.
6.81.

Harris acted intentionally and knowingly assaulted Plaintiff John HC Doe at ACA

Nationals, including physically secluding Plaintiff John HC Doe, demanding and threatening that
John HC Doe perform oral sex on Harris.
6.82.

In so acting, Harris knew that Plaintiff John HC Doe did not want to be touched, yet Harris

continued to intentionally and knowingly threaten John HC Doe with imminent physical bodily
injury without Plaintiff John HC Doe’s consent.
6.83.

When Harris did so, he knew or reasonably should have believed that John HC Doe would

regard the contact as offensive or provocative. Not only did John HC Doe indicate his desire to
not touch Harris and for Harris not to touch him in any way with words, John HC Doe also
indicated the same with his body language. Moreover, John HC Doe’s response to Harris’ previous
sexual advances, messages, and comments throughout the day made Harris very aware that John
HC Doe did not want any physical touching by or with Harris.
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 35

 6.84.

Despite John HC Doe’s response that he did not want to submit to Harris’ sexual advances,

harassment, messages, and demands for sexual contact, Harris continued to threaten to touch John
HC Doe’s body without John HC Doe’s consent.
6.85.

As a result of the above-described conduct, Plaintiffs have suffered and continue to suffer

great pain of mind and body, shock, emotional distress, physical manifestations of emotional
distress including embarrassment, loss of self-esteem, disgrace, humiliations, and loss of
enjoyment of life; has suffered and continue to suffer and were prevented and will continue to be
prevented from performing daily activities and obtaining the full enjoyment of life; will sustain
loss of earnings and earning capacity, and/or have incurred and will continue to incur expenses for
medical and psychological treatment, therapy, and counseling.
6.86.

Based on the above-described outrageous, malicious, or otherwise morally culpable

conduct by Defendant Harris, Plaintiffs specifically plead for the recovery of exemplary damages
under TEX. CIV. PRAC. & REM. CODE §§41.001(5) and 41.003.
6.87.

Defendants’ actions were done with the specific intent to cause substantial injury or harm

to Plaintiffs. As such, those actions give rise to an award of exemplary and punitive damages
against Defendants, and each of them.

FALSE IMPRISONMENT
[Against Harris Only]
6.88.

Plaintiffs re-allege and incorporate by reference herein each and every allegation contained

herein above as though fully set forth and brought in this cause of action.
6.89.

Harris willfully detained Plaintiff John HC Doe at ACA Nationals, when Harris demanded

that John HC Doe to follow him to a secluded bathroom away from the other participants within
the Fort Worth Convention Center and required that John HC Doe join Harris in the bathroom,
with Harris closed himself in a stall with John HC Doe.
PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

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 6.90.

Harris’ detention of Plaintiff John HC Doe was without authority of law and without John

HC Doe’s lawful consent, as John HC Doe was under the age of 18 and could not lawfully consent
to any detention or sexual conduct.
6.91.

As a result of the above-described conduct, Plaintiffs have suffered and continue to suffer

great pain of mind and body, shock, emotional distress, physical manifestations of emotional
distress including embarrassment, loss of self-esteem, disgrace, humiliations, and loss of
enjoyment of life; has suffered and continue to suffer and were prevented and will continue to be
prevented from performing daily activities and obtaining the full enjoyment of life; will sustain
loss of earnings and earning capacity, and/or have incurred and will continue to incur expenses for
medical and psychological treatment, therapy, and counseling.
6.92.

Based on the above-described outrageous, malicious, or otherwise morally culpable

conduct by Defendant Harris, Plaintiffs specifically plead for the recovery of exemplary damages
under TEX. CIV. PRAC. & REM. CODE §§41.001(5) and 41.003.
6.93.

Defendant Harris’ actions were done with the specific intent to cause substantial injury or

harm to Plaintiffs. As such, those actions give rise to an award of exemplary and punitive damages
against Defendant Harris.
VII. VICARIOUS LIABILITY
7.1.

At all times relevant to this suit, Entity Defendants and DOES 1-100 are liable for the

conduct of Defendant Harris under the doctrine of respondeat superior because Defendant Harris,
at all relevant times, was acting within the course and scope of his employment and/or agency for
Entity Defendants and DOES 1-100.
VIII. DAMAGES
8.1.

As a result of the incident made the basis of this lawsuit described in the preceding

paragraphs, Plaintiff has sustained significant damages.

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

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 8.2.

Plaintiffs respectfully request that the trier of fact determine the amount of their damages

and losses that they have incurred as a result of Defendants’ actions, as well as the monetary value
of these damages, which include, but are not limited to:
a. Mental anguish;
b. Physical pain and suffering;
c. Physical impairment;
d. Humiliation, shame, and fright;
e. Damage to their reputation;
f. Loss of earning capacity;
g. Attorney’s fees;
h. Consequential damages;
i. Exemplary damages;
j. Court costs;
k. Prejudgment and post-judgment interest; and,
l. All other relief, both in law and in equity, to which Plaintiffs may be entitled
8.3.

Because of all the above and foregoing, Plaintiffs have suffered actual damages in excess

of the minimum jurisdictional limits of the Court for which damages Plaintiffs now brings suit.
IV.
9.1.

RULE 193.7 NOTICE

Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiffs hereby gives actual

notice to Defendants that any and all documents produced may be used against the Defendants
producing the document at any pretrial proceeding and/or at the trial of this matter without the
necessity of authenticating the documents.
X.
10.1.

REQUEST FOR DISCLOSURE

Pursuant to Rule 194, request is made that Defendants disclose, within fifty (50) days of

PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

PAGE 38

 service of this request, the information or material described in Texas Rule of Civil Procedure
194.2 (a)-(l). Defendants must serve a written response to these Requests for Disclosure on
Plaintiffs within fifty (50) days after the service of this request. Failure to timely respond shall
constitute an abuse of discovery pursuant to Texas Rule of Civil Procedure 215.
XI.
11.1.

JURY DEMAND

Plaintiffs hereby demand a trial by jury.
XII.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray, that upon final trial and
hearing hereof, that Plaintiffs recover damages in accordance with the evidence, that Plaintiffs
recover costs of court herein expended, that Plaintiffs recover interest to which Plaintiffs are justly
entitled under the law, and for such other further relief, both general and special, both in law and
in equity, to which Plaintiffs may be justly entitled.

Dated: September 14, 2020

Respectfully submitted,
MANLY STEWART & FINALDI

/s/ Morgan A. Stewart_____
MORGAN A. STEWART
Texas State Bar No. 24061337
19100 Von Karman Ave., Ste. 800
Irvine, CA 92612
(949) 252-9990
(949) 252-9991 (facsimile)
mstewart@manlystewart.com
ATTORNEYS FOR PLAINTIFFS

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURES

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 EXHIBIT A

  EXHIBIT B

  EXHIBIT C

  EXHIBIT D