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    DeOrr Kunz parents sue private investigator.

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    Klein suit

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    DeOrr Kunz parents sue private investigator.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    1K views23 pages

    Klein Suit

    Uploaded by

    Jeff Robinson
    DeOrr Kunz parents sue private investigator.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 23
    ie (Case Assigned to doel E. Tingey Allen H. Browning, ISB#3007 BROWNING LAW. 482 Constution Way, Suite 111 M8 SEP -6 PH [ho Falls, ID 83402 “Telephone: (208) 542-2700 Facsimile: 208) 542-2711 Atom for Pints IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE DeOr Dennis Kunz eOr Vernal Kunz Jessica Mishel Anderson, Pint, cosenoceve FE . ConPLAnT FoR DAMAGES ANDINTUNCTIVE RELI, AND DEMAND FORURY TRIAL Philip RK nd Kia lavesigitons and Constng, is tnvestect, ney ‘and Rc, Defends ‘COMES NOW, the above-named Plaintiffs, DeOrr Dennis Kunz, DeOrr Vermal Kunz and Jessica Mitchell Anderson, by and through their atorey, Allen Browning of Brovming Law, wo ‘complain and allege against the Defendants as follows: 4 Plaintiff DeOrr Dennis Kunz, hereinafter Dennis Kunz, isa residet ofthe County of Bear Lake, Sate of ésho, and has been resident for more than six monthsand isthe grandtiher ofa missing child, Deer Kunz, hereinafter “Little DeOr." Plaintiff DeOrr Vernal Kunz, hereinafter "Vena," isareident ‘ofthe County of Bingham, Stat of Maho and hasbeen a resent for more than six months, ands the ‘COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF, AND DEMAND FORJURY TRIAL Page 1) oie father of Litle DeOr. Plant Jessiea Mitchell Anderson, herenaler "Jessica," sa resident of the County of Bonneville, Stat ofTaho, and as ben resident for moce than six months andisthemesher of Little DeOrr. Defendant PHILLIP R. KLEIN, hereinafter 3 Defendant Klein Investigations & Consulting, hereinafter “Klein Investigations," purports to be "A Divisi ‘of Klein Investments, Inc." Defendant KIC is an als of defendant Kin Investigations 8 ‘The operations ofeach defendant are controlled by Defendant Philip R. Klein, “ [Al ofthe actions of Philip R. Klein, concerning his public satemeatsconcersing the investigation into the dssppearance of Litle DOr andisresponsesto request fo documentation, were done withthe pemnission ofthe other Defendants, and asthe representative ofthe other defendant. % Philip Klein was ectng asthe agent oft oterDefendans wea he made pul statements concerning tbe investigation into the disappearance of Lite DeOerand wen he made responses to ‘requests for documentation by Deanis Kunz and his attomey. ‘COMPLAINT FOR DAMAGES AN IIMTUNCTIVE RELIEF, AND DEMAND FORTURY TRIAL Page? BREACH OF CONTRACT 8 ‘That on of about November 20,2015, Pint? Dennis Kunz hired Defendants to ind his srndson,DeOrr Kunz herein "Litle DsOr;" forte cont ec of 820.000. The express purpose ofthe "CHILD RESCUE CONSULTATION AGREEMENT," esis "ent! was to ".Locete and Rees Family member 2. Locte and Reta Abductor 3. Assist Local Stat and Federal Law Baforeement in extadion of both” 3, ‘That contactisatached hereto as Exhibit “A.” 1. Plants Vera and Jessica wer third-prybenefsaries ofthe contrat withthe defindant a5 ‘ey waned tet son resumed. Father, nding thelr som would cee them of any spicion of being responsible forLitle DeOn’'s disappearance, and Dents Kunz desired to clear ther ames by ing the ofendants 1. ‘The contact, dafed by Klein, expressly stated that “All infomation tht i obtained isthe Property of KIC, anda copy ofall documentation is available othe Clint at any time, Information obtained shal be discussed only with you, yur lgal coun, nd no other peson. Ex. A, 2 ‘Additionally, as a privat investigator in eny tat, Filip Klein hasan tial day to share Jnformation gleaned in the course of private investigation only with his lion and snyone his elit ‘COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIE, AND DEMAND FORJURY TRIAL Page suthries. 1B, -Akitonlly as privet investigator censod in the Stat of Texas Klein hasan tical duty to share information gleaned inthe course of private investigation only wih his lent and anyone his client authorizes M4. ‘Kein breached his contractual and ethic! duties of confidentiality by making public statements authorization conceing the investigation int the disappearance of Lite DeOrt. 15, Despite expres representing he would share infomation gleaned inthe search for Lite DeOrt ‘th ao one but Dennis Kunz or his attorney, Philip Kein has appeared on Idaho television news programs professing to have extensive information conceming the dsppeaance of Ltle DeOr and ving detailed accounts of nfomationobsned pursunt this contact with Denis Kunz. Inedcn, some ofthe information shred was fle and cast Vem Kunz ad Jessica Mitchel in bad ight, ‘contrary to the entre purpose ofthe contact. The Defendans made statements to numerous media ‘ets, insuding Channel 8 News in Ibo Fall, inside Eton andthe Dr. Drew show on CNN Aispacaging Vernal and Jessica and claiming evidence pointing t their being complicit in the disappearance of thi son. In ation, Philp Klein profested pully, on Idaho television station, nutiona television media ott andi statements made online va Kin Investigation and Consung that 1. he believed Vera nd Jessica were is, 2. Jessica had stated she knew her child was dad and Jess knew where the body as; 3. the cid had been murdered and he believed Vel and esa wee complicit inthis ime —————— o_O ‘COMPLAINT FOR DAMAGES AND DEMAND FOR TURY TRIAL Tare And shoul be considered suspects andthe other two persons a the eampground a the tine of Lise _DeOr's disappearance should not be considered suspect, “These statements breached the defendant’ ty of confidently inthe contract, 16, Inedton the defendants, when unabeto ind th chil, took snippets of statement fom Verzal and esiea which dd not match precisely nd presented hese bits infomation tothe genral plc as ‘tei proot at Vera nd Jessica were guy of ether kiling their son or covering up hie dat; hese stetements breached Philip Kl dy of confidently tothe plaints. 1, Klein and Klein Investigations have an online Faccook page for Klein Tnvestgtons and ‘Consulting in which they have violated hee duty of confidential by publishing "updates" onthe Lite _DeOrrinvestgnton wit strtements, videos and document conseing the ivetgton as wells Mi icine opinions tht Jessica sal Ven ave enc or covered up te ease of thelr son's deat, concerning the Investigation. By vtec these harings, hundreds of pesons haveenpresed hed and cvtrage toward Vernal and Jessica, These slatemeats made the defendants have breached the duty of confieatliy toward Dennis Kun, and have absolutely defeated the purpose of the const in an ‘eregious fashion. Mr Klein even eld an online guestion end answa”sessiomonJly 26,2016 a8 the Klein Investigation and Consulting Faebook page sated To All Facebook Followers: ‘Ma. Klein has agreed to answer questions regarding the DeOrr Kunz Case tonight as we hhave him comered in the office, Please post your questions here ~ one line only. He will answer the questions starting at 7 pan. tonight. Any questions received afer 7pm. (centcal standard time) will not be answered. Please do not post your thoughts, felings or theory - please simply ask a one line question to save time. We have not done this for ‘while and itmight help calm some of th excitement ongoing. Try for one question per person in order tobe fair and give everyone a chance. Thank you. ‘COMPLAINT FOR DAMAGES AND DEMAND FORTURY TRIAL ars In this "Question and Answer" session online, Me. Klein repeatedly breached his duty of confidentiality and made defamatory stsemeats about Vernal and Jessica, stating their stores didnot ‘match, that there was blood evidence on Vernal truck that other family members ad been ruled ‘out, and tha the investigators believe (based on all ofthe evidence they have acquired over the course oftheir investigation) Little DeOrr had been murdered by blunt fore rauma. The Facebook ‘pege recorded the outrage expressed by readers from all over the county. 1. Despite expresly aresing to share information gleaned from the Investigation with Dennis Kunz attomey, Defendants havé refused to produce any documentation supporting te outrageous public statements of Ph lip Kein that Jessica and Vera have ied conceraing the disappearance of tir son, ‘ha they lied on polygraphs, that they ar iding infomation from Defendants, aw enforcement andthe ene publ ht Us i iy ed at he de by blunt aun ta ter ld wasnt abducted ot taken by wid animals, that eedever dogs found evidence of ded body a sr campsite, thatthe was ‘ood evidence on Vera's tuck implicating him in sso’ appearance, ‘No ovumentston of any misconduct hasbeen resented to Dennis Kunz’ tiorey, despite is ‘wen demand tha uch evidence be produced. 1. ‘Asa dict and proximate result ofthe aforementioned breaches of Defendants duties under the contrat the entre purpose ofthe contacthas bee deftated and Philip Klein shold frit the $20,000 he was paid to find Litle DeOre 20. ‘Asa directand proximate resultofthe aforementioned breaches of Defendant duties under OO “COMPLAINT FOR DAMAGES AND DEMAND FORTURY TRIAL” Pass ‘he contrac, the Defendants have destroyed the reputations ofthe mother and father of Little DeOr, and Defendants should compensate these plaintiffs forthe humiliation and os of reputation and loss ‘of income and income earing capacity caused by the Defendant, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 21, ‘The Plants incorporate by reference in this paragraph all of the facts stated in the prior penegreps. n. ‘The Defendants through the actions of Phillip Klein, caused the Plaintiff intentional infodon of emotional diss. a Me. Kis conduct was intentional or eeless 4 Ms. Klein's conduct was extzeme and outrageous; 25, Ms. Klein's conduct cased each Paints emotional dsues. 6. ‘The emotional distress Phillip Klein caused each Plaintiff wes severe. —_— ‘COMPLAINT FOR DAMAGES AND DEMAND FORIURY TRIAL Tae? m1, ‘As. direst and proximate result ofthe aforementioned inentonal or reckless actions of ‘the Defendants which caused Plaintiffs severe emotional distress, the Defendants should ‘compensate these Plaintiffs for all ofthe emotional distress the Defendants have caused, LIBEL 2, ‘The Plaintiffs incorporate by reference inthis paragraph ll of the Sct stated in the prior peragrphs, ». ‘The Defendants, through the actions of Pillip Kl ave libeled Jessie and Vern 30. Defends have communicated ils infomation about esca and Vernal ‘which tends to impugatbhonesty, ints, vie reputation of Verma end Jessa nthe alta the action of the Defendants ave exposed Vernal and Jessica publi aed, contempt or iil. aL The Defendants communicated infomation concersing Vel an Jessica to tens of thousand of pesons inthe community and 2 ‘The information impugned the honesty, inte, ve or reputation of esica anu Vernal, nd expose bo of them to public hae, contempt snd rial; and ‘COMPLAINT FOR DAMAGES AND DEMAND FOR TORY TRIAL ae ‘The information was ise; and uM ‘The Defendants nowt was fase, o reasonably shoald have know that twas fis; ant 38, Jessica and Vera safer cnr esmse of the defimato; an Pa ‘The Defendants should have to pay Jsic nd Ver an ppp amount ofeompeasuor damage forever person teased by the statements made by PhilipKlenon cach television station and online outlet though which he communisated his defamatory statements, including but not limite to: Inside Ration the Dr. Dew Show (on CNN), Kaho ‘Channel $ News in Fatem Idaho, other television news show in Eastern Usho, Boise ‘elevsion nev shows, ll ofthe Blogs and Facebook pages ofthe Defendants m. The defrator statements made by the Defendants were of sah amature that the cour can presume asa mater of that they wil tendo disgrace and degrade the person orld hizsup to public haed, contempt rece or exo tem tobe shed and ave ‘The defamatory satements elected on Jess and Vera’ ntepiy, characte, nd good name and standing in th community, and tended to expose them to public hatred, contempt and disgmce. ‘COMPLAINT FOR DAMAGES AND DEMAND FORTURY TRIAL Trend a Some ofthe sstenents wee cousin tems ofopnion. Although statements inthis form are generally xemp fom ability for defumaton,intiscase the Defendants bad noprvilegeto publly expres opinions concemingaleged wrongingofescaor Verna, because ty were contctully and eilly bound by their duty of confidentiaty and were o make no publi satements whatsoever, ». ‘Aiton, the "opinions expressed by Klein on his bbl end on behalf of the other Defendants ato be weted a atments of fit under emer. Rann, 117 Tasho $66 1950, because the negative charateiaions of Ver and Jessica wer coupled with clear but false implication that Philip Klin was privy to private fs ahont Vera and Jessica that ae unknown he general publi (because Klein was ther private invest) which substantiate Klis opinions. In other words, Philip Klein captlized ois ostiones ther private investigator, making he general public Believe ad access confidential fats ‘which plicated his liens in einos cies and wrongdoings, Inthis way he edo build ‘himself up 2s a pivtefnvesigntoe wih sich high sens of ightousnes ke was wiling 0 sellothisowneliens io make the "su" nownto the general public when be uncovered the vl tu a, Infact, Philip Kein dd sell out his own clients to appeat tobe arghteous er ‘COMPLAINT FOR DAMAGES AND DEMAND FORTURY TRIAT Page problem solver, but in the process he published false and misleading information which made snentre nation hate the parents ofa missing child Little DeOrr, and mde most of the mation believe the parents had ether killed the child or been responsible forthe child's disappearance andlor death, a. ‘The actions of Phillip Klein stated above eaused actual losses othe plaintiff, including but ‘not limited to impairment of reputation and standing in the community, personel humiliation, and mental anguishand suffering FRAUD a ‘The Plants incorporate by reference in this paragraph all of the facts stated in the prior paragraphs 8. ‘The Defendants through the ations of and Vernal. ip Klein, have libeled J 4, ‘That the defendants stated a fact to the Dennis Kunz that they were going to keep the results ofthe investigation and atempted reseve of Ltle DeOnr confidential; 45. ‘That statement was false; ‘The statement was material; “COMPLAINT FOR DAMAGES AND DEMAND FOR TURY TRIAL Page a. ‘The defendant knew the satement was false, she was in the habit of making public statements about cases on which he had been employed. He had ected in this ‘way on cases prior to being employed on this contrac, and admited this ina interview ‘on Channel 8 News, 8. Dennis Kuz did not know thatthe statement was false; 4. ‘The defendants intended for Dennis Kunzto rly upon the statement and act ‘upon it ina manner reasonably contemplated, ie, having him ise $20,000 to employ ‘icin Investigations & Consulting to find Lite DeOrr, 50, Dennis Kunz dd rely upon the truth ofthe statement by hiring Defendants to {ind hs grandson and raising $20,000 to hire him; 51. Deans Kunzs reliance was reasonable unde all the circumstances; 2. Dennis Kunz suered damages proximately caused by reliance on the false statement, in that he suffered the humiliation and mental dstres ofhaving hs son and ‘namesake be publiely accused of being complicit inthe blunt insttumental death of is «grandson, Litle DeOrr, by those publicly claiming to have inside information on the investigation into Lite DeOn's disappearance. ‘COMPLAINT FOR DAMAGES AND DEMAND FORTURY TRIAL 5. ‘The actions of Philip Klin, as stated above, caused actual otses to Denis Kunz, including bot not limited to impairment of reputation and standing inthe community, personal ‘humiliation and mentsl anguish and sufering and Defendants shosld be made fil compensate ‘Ms. Kuns forall ois tosses. INJUNCTIVE RELIEF UNDER ILR.CP. RULE 65 54, ‘The Pals incorporate by reference in his paragraph al ofthe fe sated in he prior agra 58. ‘The Defendaats, trough the ations of Philip Klein, continue to violate thee duy of conidetaltyconcemsng thei investigation into the disappearance of Lite DeOr. 56. “The Defendets have been ited, but her contractual duty to sare information conceming the dsappesrance of Little DeOre with noone but Dennis Kuaz en his atomey, ‘Allen Browning remains. sn. ‘The Defendants have been expresly instructed they have no permission to share any information with anyone except Dennis Kunz and ‘COMPLAINT FOR DAMAGES AND DEMAND FOR TORY TRIAL ase 3 58. Despite this th Defendants have, since being fred, epestedly violated tis duty by ‘ving Pip Kein make appearances on national elevsion tabloid shows, news shows and online question/answer sessions as ecetly as one week ago, Mf Klein statements have been

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