UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

CASE NO.: 10-CV-1960

JOHN DOE NO. 1,

Plaintiff,
vs.

KNIGHTS OF COLUMBUS,

Defendant.
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COMPLAINT

Plaintiff, JOHN DOE NO. 1, brings this Complaint against KNIGHTS OF COLUMBUS, as

follows:

Parties, Jurisdiction and Venue

1. JOHN DOE NO. 1 is an adult male resident of the State of Kansas and is sui juris.

Plaintiff has filed this lawsuit under the pseudonym John Doe No. 1 to protect his identity as victim

of childhood sexual abuse and prevent further psychological harm to the Plaintiff if his name were

publicly disclosed. Plaintiff’s identity will be confidentially disclosed to the Defendant.

2. Defendant KNIGHTS OF COLUMBUS is a specially-chartered corporation

organized and existing under the laws of the State of Connecticut, with a principal place of business

at 1 Columbus Plaza, New Haven, Connecticut, 06519.

3. This is an action for damages in excess of $5 million.

4. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28

U.S.C. §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs;

and (ii) is between citizens of different states.

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 5. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as the Defendant

is headquartered and resides in the District.

Factual Allegations

6. This case arises from the horrific child sexual abuse of JOHN DOE NO. 1 (hereinafter

“JOHN”) by JUAN “JULIAN” RIVERA (hereinafter “RIVERA”), the adult leader appointed by the

KNIGHTS OF COLUMBUS to a position in its youth program, the COLUMBIAN SQUIRES, in

Brownsville, Texas. Between 1978 and 1986, JOHN was groomed and sexually abused at various

locations throughout the United States by RIVERA after JOHN became involved with the

COLUMBIAN SQUIRES.

A. The Knights of Columbus

7. Defendant KNIGHTS OF COLUMBUS is a Catholic fraternal benefit organization

that was created as a social network intended to provide financial assistance to its members and

engage in religious and charitable works. It was at all relevant times headquartered in New Haven,

Connecticut. The President of the KNIGHTS OF COLUMBUS corporation is known as the

Supreme Knight, and it is governed by the Board of Directors, known as the Supreme Council.

8. Membership in the KNIGHTS OF COLUMBUS is open only to Catholic men over

the age of 18 who purportedly are committed to supporting the Roman Catholic Church through

“pro-life and youth activities,” according to its website.

9. Defendant KNIGHTS OF COLUMBUS forms, directs, and operates state and local

councils throughout the United States to carry out its mission. Each council is a direct subordinate

organization under the direction and control of the KNIGHTS OF COLUMBUS headquarters in

Connecticut.

10. Pursuant to its mission of promoting fellowship among Catholics, the KNIGHTS OF

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COLUMBUS Supreme Council created and now operates a national youth program, known as the

COLUMBIAN SQUIRES. The COLUMBIAN SQUIRES are the official youth organization of the

KNIGHTS OF COLUMBUS, created in 1925. The COLUMBIAN SQUIRES recruit Catholic boys

between the ages of 10 and 18 who are committed to developing their leadership qualities and

supporting the Roman Catholic Church. A COLUMBIAN SQUIRES unit must operate within the

structure and regulations of the KNIGHTS OF COLUMBUS. According to the KNIGHTS OF

COLUMBUS’ regulations, each COLUMBIAN SQUIRES unit is overseen and supervised by at least

one adult KNIGHTS OF COLUMBUS member.

B. The Sexual Abuse of John Doe No. 1

11. JOHN was born in 1968. In approximately 1978, when the Plaintiff was

approximately 10 years old, he was introduced to the COLUMBIAN SQUIRES in Brownsville,

Texas, as well as its adult leader, JULIAN RIVERA. RIVERA actively solicited JOHN to join the

COLUMBIAN SQUIRES, telling JOHN and his family that as a SQUIRE, JOHN could do much to

help people, and that his involvement in the SQUIRES would positively affect JOHN’s growth and

development as a person. At RIVERA’s urging, JOHN attended COLUMBIAN SQUIRES’ meetings

and events as a guest. JOHN quickly learned that the other children considered RIVERA to be a

“cool” leader because he frequently gave them alcohol and encouraged them to drink around him.

12. RIVERA often spoke with JOHN’s mother, informing her that he was very active in

the Catholic Church. He told JOHN’s mother that he thought JOHN had great potential, which could

be tapped by becoming a SQUIRE. JOHN’s mother allowed him to join the COLUMBIAN

SQUIRES.

13. During his first two years as a member of the COLUMBIAN SQUIRES, RIVERA

gave JOHN pornography on at least 10 occasions and encouraged him to view it with RIVERA.

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RIVERA first gave JOHN a Playboy magazine, and not long thereafter RIVERA encouraged JOHN

to view magazines with more graphic sexual depictions, including homosexual activity.

14. When JOHN was approximately 12 years old, RIVERA took him on an overnight

trip. The first night of the trip, RIVERA gave JOHN a large amount of whiskey and marijuana.

JOHN became intoxicated and passed out. When he awoke, RIVERA was naked from the waist

down, pulling his pants up from around his ankles.

15. On another night during that same trip, RIVERA gave JOHN alcohol, and instructed

him to take a white pill that RIVERA said would help JOHN “relax.” JOHN did as he was told.

RIVERA then asked JOHN for a massage. JOHN hesitated. RIVERA then pulled a small handgun

out of his pocket and placed it next to him on the ground, and told JOHN there was nothing wrong

with a massage. JOHN began giving RIVERA a massage when RIVERA rolled over, removed his

pants, and demanded that JOHN masturbate him. JOHN was terrified that RIVERA would harm

him, and he complied. Afterward, RIVERA told JOHN that he could never tell anyone what

happened or RIVERA would kill JOHN’s family.

16. For the next six years, RIVERA brutally and horrifically sexually abused young

JOHN. He often told JOHN that if he told anyone what was happening, RIVERA would kill

JOHN’s family, or cut off JOHN’s penis and send it to JOHN’s mother in a jar. JOHN frequently

saw RIVERA carrying a firearm and believed RIVERA’s threats. On at least one occasion, RIVERA

held a gun to JOHN’s head and threatened to kill him if JOHN did not comply with RIVERA’s

demands for sex.

17. The horrible, nightmarish sexual abuse occurred at multiple locations in the United

States on overnight trips, including many local and national events for the COLUMBIAN SQUIRES.

During these trips, RIVERA would give JOHN and the other boys alcohol. When they became

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intoxicated, RIVERA would take JOHN to another hotel room and engage him in sexual contact.

The abuse also occurred in the local KNIGHTS OF COLUMBUS’ hall where the COLUMBIAN

SQUIRES met, as well as RIVERA’s office and apartment.

18. During the years he was sexually abusing JOHN, RIVERA also bought him clothing,

gave him money, took him out to dinners, and allowed him to drive RIVERA’s vehicles. RIVERA

encouraged JOHN to date girls from school in case anyone was suspicious about what RIVERA was

doing to JOHN. He paid for JOHN’s dates with the girls, and allowed JOHN to drive his car on the

dates.

19. RIVERA also “shared” JOHN with at least one other adult leader of the

COLUMBIAN SQUIRES in another city. During a COLUMBIAN SQUIRES event, RIVERA

introduced JOHN to this adult leader. JOHN was subsequently invited by this adult leader to visit

him and attend church with him. JOHN went to visit this adult leader, who plied JOHN with alcohol

and drugs during his visit, and sexually abused him. On another occasion, RIVERA brought JOHN

to visit RIVERA’s brother, who showed RIVERA pornography and sexually abused JOHN.

20. During the period of abuse, RIVERA frequently told JOHN about other boys he had

engaged in sexual contact. RIVERA commented to JOHN that he would “trade [JOHN] in” when he

turned 18 because he would be too old and RIVERA would not want him anymore.

21. For many years preceding the sexual abuse of JOHN, the KNIGHTS OF

COLUMBUS was aware that adult leaders used the COLUMBIAN SQUIRES to gain access to boys

for purposes of pedophilia. In this regard, the KNIGHTS OF COLUMBUS became familiar with the

specific characteristics, patterns of behavior and “red flags” that suggested an adult leader had a

sexual interest in boys. Despite this knowledge, the KNIGHTS OF COLUMBUS allowed and

enabled such persons who posed a grave risk of sexual abuse to boys, including RIVERA, to serve as

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adult leaders of COLUMBIAN SQUIRES.

22. As a direct and proximate result of the KNIGHTS OF COLUMBUS’ acts and

omissions, JOHN suffered severe and permanent physical and psychological injuries, including, but

not limited to, chemical addictions, nightmares, depression, anxiety, suicidal tendencies, lack of

trust, anger, shame, embarrassment, guilt, and low self-esteem.

C. The Knights of Columbus’ Deception in Obtaining John’s Signature

23. In December 2009, JOHN reported his abuse to officials of the KNIGHTS OF

COLUMBUS. He was contacted by the chief legal counsel of the KNIGHTS OF COLUMBUS, the

Supreme Advocate. JOHN was informed that RIVERA is still active as a leader in the

COLUMBIAN SQUIRES. JOHN disclosed his long history of chemical addiction as a result of

RIVERA plying him with drugs and alcohol, and that he wanted to enter a treatment program. JOHN

asked the Supreme Advocate if the KNIGHTS OF COLUMBUS would assist him in paying for

treatment. The Supreme Advocate agreed that the KNIGHTS OF COLUMBUS would pay for

JOHN’s treatment. At no time was there any discussion that the payment was to settle JOHN’s legal

claims against the KNIGHTS OF COLUMBUS. There was no discussion whatsoever of JOHN’s

substantial legal claim against the KNIGHTS OF COLUMBUS.

24. On December 23, 2009, a KNIGHTS OF COLUMBUS agent and his wife met with

JOHN. They told JOHN that they wanted to give him $200 to pay for his travel expenses to the

rehabilitation facility. Before giving him the money, the agent asked JOHN to sign a document

acknowledging receipt of the $200, and JOHN complied. The KNIGHTS OF COLUMBUS agents

then gave JOHN another single piece of paper and asked him to sign it to acknowledge that the

KNIGHTS OF COLUMBUS would pay for his treatment. No other pages were attached to the paper

the agent asked JOHN to sign. JOHN signed the paper as instructed, and the agent’s wife notarized

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the document. The KNIGHTS OF COLUMBUS’ agent then gave JOHN $200 in cash and quickly

left. About a week later, JOHN received a package in the mail with a copy of the document the

signed acknowledging receipt of the $200, along with an eight page document he had never seen

before entitled “Settlement Agreement and Full Release”. Attached to the strange document was the

second signature page that the KNIGHTS OF COLUMBUS’ agent instructed JOHN to sign. That

document, which purports to be a release of JOHN’s claims against the KNIGHTS OF COLUMBUS

arising from his sexual abuse by RIVERA, is attached to this Complaint as Exhibit A. JOHN was

never presented with the release at the time he signed the document, nor was he otherwise informed

that by his signature he would be releasing valuable legal rights.

COUNT I
NEGLIGENCE

25. Plaintiff JOHN DOE NO. 1 repeats and realleges paragraphs 1 through 24 above.

26. At all material times, the KNIGHTS OF COLUMBUS owed a duty to Plaintiff to use

reasonable care to ensure the safety, care, well being and health of the minor JOHN while he was

under the care, custody or in the presence of the KNIGHTS OF COLUMBUS. The KNIGHTS OF

COLUMBUS’s duties encompassed the placement, retention and supervision of RIVERA as an adult

leader, and otherwise providing a safe environment for JOHN.

27. The KNIGHTS OF COLUMBUS breached these duties by failing to protect the

minor JOHN from sexual assault and lewd and lascivious acts committed by RIVERA.

28. At all relevant times, the KNIGHTS OF COLUMBUS knew or in the exercise of

reasonable care should have known that RIVERA had the characteristics and behaviors of a person

who would use the COLUMBIAN SQUIRES as a means to gain access to boys for pedophilia, and

that he was unfit, dangerous, and a threat to the health, safety and welfare of the minors entrusted to

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his counsel, care and protection.

29. With such actual or constructive knowledge, the KNIGHTS OF COLUMBUS

provided RIVERA unfettered access to JOHN and gave him unlimited and uncontrolled privacy.

30. At all relevant times, the KNIGHTS OF COLUMBUS created an environment which

fostered child sexual abuse against children it had a duty to protect, including JOHN.

31. At all relevant times, the KNIGHTS OF COLUMBUS had inadequate policies and

procedures to protect children in the COLUMBIAN SQUIRES it was entrusted to care for and

protect, including JOHN.

32. As a direct and proximate result of the KNIGHTS OF COLUMBUS’ negligence,

JOHN suffered severe and permanent psychological, emotional and physical injuries, shame,

humiliation and the inability to lead a normal life.

33. The KNIGHTS OF COLUMBUS’ conduct shows a reckless or willful disregard for

the safety and well being of JOHN.

WHEREFORE, Plaintiff demands judgment against the KNIGHTS OF COLUMBUS for

compensatory damages, costs and such other and further relief as this Court deems proper.

COUNT II
DECLARATORY RELIEF

34. Plaintiff JOHN DOE NO. 1 repeats and realleges paragraphs 1 through 33 above.

35. There is an actual controversy between the parties as to validity of the “Settlement

Agreement and Full Release,” attached hereto as Exhibit A. This actual controversy concerns the

circumstances surrounding the execution of the signature page appended to the release document by

Defendant.

36. The KNIGHTS OF COLUMBUS procured Plaintiff’s signature on the paper

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subsequently attached to the “Settlement Agreement and Full Release” by means of

misrepresentation and deceit.

37. Defendant misrepresented to Plaintiff that the document he was being asked to sign

pertained only to their agreement regarding treatment, which was false and made as a statement of

fact.

38. The representation made by Defendant regarding the purpose of Plaintiff’s signature

was untrue and known by Defendant to be untrue.

39. Defendant made this false representation to Plaintiff for the purpose and intent of

deceiving him and inducing him to act by signing the document.

40. Plaintiff relied upon the Defendant’s misrepresentation in signing the signature page.

41. Plaintiff JOHN DOE NO. 1 signed the signature page as a result of the Defendant’s

fraud and misrepresentation, which renders the purported agreement voidable.

42. Whether the release is voidable as procured by fraud is an active controversy affecting

the legal claims set forth in Count I herein.

WHEREFORE, Plaintiff JOHN DOE NO. 1 seeks a declaratory judgment that the release

document attached hereto as Exhibit A is void as procured by fraud.

JURY TRIAL DEMAND

Plaintiff demands a jury trial in this action on all claims so triable.

Dated: December 14, 2010

Respectfully submitted,

By: s/ Thomas M. McNamara

Thomas M. McNamara
McNamara & Goodman, LLP
142 Temple Street
New Haven, CT 06510

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Tel: 203-782-9241

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Jeffrey M. Herman (FL Bar No. 521647)

jherman@hermanlaw.com
HERMAN, MERMELSTEIN & HOROWITZ, P.A.
Attorneys for Plaintiff
18205 Biscayne Blvd., Suite 2218
Miami, Florida 33160
Tel: 305-931-2200
Fax: 305-931-0877
(Pending Pro Hac Vice Admission)

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