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Case 3:12-cv-00684-LRH-WGC Document 1 2 Filed 01/02/13 Page 3 of 19
Case No. VV-\"2.-\. \ \ L.\ -:t-
DeptNo. 0\
2012 NOV 21 Ptl 3: 59
LINDA
WHITE PI"' ' '""''
BY--!<:
IN THE SEVENTH )UDJCIAL DISTRICT COURT
STAT!': OF NEVADA, COUNTY OP WHITE PINE
MARK AND NJCOLB P66T, &L_ ___ ....J
PLAlNTIPFS,
C!VIJ, COMI'I.AINT
10 vs.
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l'IIIRCONON FRBSH START: RAINBOW CANYON RETR.6AT,
11 RAIN80W CANYON R6COV6RY, AHD
DOES I X, AND DOSS, INC. 1-10
12 DEPeNDANT.
1 13 P::s:::er -:,-:a:n:dLI;: _=_ =_ =_ -_ -_ '.JI by and through their attorney of record,

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Richard W. Sears, of SEARS LAw FI RM, LTD. and as and for cause of action against said Defendants
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complain and allege as follows:
16 1. At all times mentioned herein, Plaintiffs are residents of Broom County, State of New
17 York.
18 2. At all times mentioned herein, Defendant's business is located in Lincoln County, State
19 of Nevada .
. 20 3. The true names of Defendants DOES f through X Inclusive, whether individual.
21 corporate, associate, or otherwise are unknown to the Plaintiff, who therefore sues each
22 Defendant by fictitious names. The Plaintiff Is Informed and thereupon alleges that each of the
23 defendants designated herein as DOE Is in some way responsible for the damages claimed by the
2 4 Plaintiff herein. The Plaintiffs (hereinafter referred to as "MARK ANON ICOLE".I I OR
Case 3:1 2-cv-00684-LRH-WGC Document 1 2 Filed 01/02/13 Page 4 of 19
1 PLAINTIFFS .. ) wlll ask leave of this court to this complaint to Insert the true names and
2 capacities of Defendants DOES I through X, inclusive (hereinafter referred to as "NARCONON" or
3 "DEFENDANTS"), then the identities havo been ascortained, to formulate appropriate allegations
4 and to joint such Defendants In this action.
5 4. Upon Information and belief, at all times relevant hereto, each of the Defendants set
6 forth herein was the principal, agent. employee, employer or co-conspirator of each other, and at
7 all relevant times were acting within the course and scope of such relationship.
8 5. At all times mentioned herein, Defendants' business address is Narconon Nevada, Post
9 Office Box 970, Caliente, Nevada 89008.
10 6. At all times mentioned herein, Narconon was doing business on the premises In Llncolr
11 County, Nevada, at the Rainbow Canyon Retreat, 17095 S. Route 317, Caliente, Nevada 89008.
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7. On March 8, 2012, Mark and Nicole's 15-yearold son,LI ___ .Jl moved Into the


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13 facUlty at the Rainbow Canyon Retreat located In Lincoln County, Nevada, at 17095 S. Route 317,

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H Caliente, Nevada.
15 8. On March 22, 2012, Mark and Nicole paid ttlelr last payment of $13,500 to Narconon,
16 maldnga total of$39,000 that they paid to Narconon forLI __ .Jts treatment.
17 9. Prior to March 8, 2012, Mark and Nicole had numerous conversations with
18 Administrative Staff at the Rainbow Cnnyon Retreat. During those discussions. they were assure
19 that personalized therapy, drug education, constructive group therapy, and access to medical sta
20 24 hours per day were some of the exceptional benefits offered by Narconon at the Rainbow
21 Canyon Retreat. Mark and Nicole were consoled by promises by the Narconon admitting staff
2.2 tllatLI ----'1 would be safe, happy, and secure at the Rainbow Canyon Retreat duMng his
2 3 rehabllillltlon.
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Case 3:1 2-cv-00684-LRH-WGC Document 1 2 Filed 01/02/13 Page 5 of 19
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10. On an ongoing basis from the dateJ.__-'1 resided at the Rainbow Canyon Retreat. h
2 was subjected to bullying and harrassment by older residents.
3 11. Thr.e d'lys followin1 his admlnlon to the Rainbow Canyon Retreat. on or about
4 March 11. 2012,LI _ _,lwas permanently branded. While he was sleeping, several other
S residents branded his ann with a piecr. of metal from a bedspring. WhenL I _ _,I awakened In
6 pain. they forcibly held him down until he sustained a dlsftgurfng wound.
7 12. OnApril7, 2012,._ 1 _ __,I was on the porch smoking a cigarette. A 27-year-old male
8 approached ._I _ __,land slapped the ctgarettt out ofL I _ _,rs mouth. A light ensued, and
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__ _,1 sustained a laceratlon on his neck and a bloody Up. Mark and Nicole were never notified
10 ofLI --'rslnfurtes.
11 13. Three weeks ;lfterL. I _ _,I entered the Rainbow Canyon program, two of his
12 teenaged roommates graduated. Another 27-year-old male was placed ln._l _ __,rs room. Due
13 the age difference,._! _ __,I was very uncomfortable with this arrangement ._I _ __,I called Mark
14' and Nicole and asked them to contact the facility and have the 27-yearold removed from the
15 room. Mark and Nicole did so, pointing out to Narconon staff that they had been assured that
16 only male teenagers would be rooming w1thL.I - - ' ~ Mark spoke with Patty, the Rainbow
17 canyon representative. Patty agreed to remove the 27-yearold male from._l _ __,rs room;
18 however, this was never done. The 27year-old only left after he graduated from the program.
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14. Approximately one week after L. l _ __,rs admission to the Rainbow Canyon Retreat,
20 llr---,1 was started on a sauna program. ! jwas forced to endure saunas for five hours a
21 a time with only short breaks. L.l _ _,I endured twenty four (24) consecutive days of saunas that
22 lasted three hours and forty minutes apiece. Ll _ _,!sustained dally scalding from the heat.
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Case 3:1 2-cv-00684-LRH-WGC Document 1 2 Filed 01/02/13 Page 6 of 19
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15. On eachdayLi_-lwas forced to take a sauna, he was also forced to take Niacin. He
2 was started on 100 mg. per day and was worked up to 1000 mg. per day. He was forced to take
3 the Niacin In spite of the fact that the Niacin caused a severe reaction in.LI __ rs body.
4 16. On an ongoing basis from March 8, 2012 throllgh Aprtl 16, 2012, students regularly
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5 played what they referred to as a game, which Involved choking each other until one lost
6 consciousness.
7 17. During the first month o ~ L _ _ _ _ ~ I s residence at the Rainbow Canyon Retreat, he was
8 battered by a 27 -yearold resident On the following da,y, after assaultingL I __ I the same
9 student was carrying a knife around, threatening other$.
10 18. When.LI_-Iand his roommate left the Narconon Rainbow Canyon Retreat at 10
11 p.m. on or about the evenlngofApri116, 2012 In order to escape the_ harassment, Mark was not
12 notified that.L I __ I was missing until days later. Ll __ lwas mlss1ng for several hours before
13 the staff noticed.
14 19. On April 30, 2012, Narconon emailed Mark an "addendum, telling him that they had
15 forgotten to have them sign some paper work. This paperwork stated that minors were NOT In
16 fact allowed to return to the program In the event or a relapse. The maJn reason that Mark and
1? Nicole chose Nareonon was because they were told that Narconon would take I I back
18 within six months if he relapsed, at no additional cost Mark and Nicole did not sign the
19 addendum.
20 20. On May 11, :Z012,,LI __ lflllnted at one o'clock In the morning while at the Rainbow
21 Canyon fllcllity. At some point. he was taken to the hospital. Mark and Nicole were not contacted
22 until the next morning. Mark requested a followup phone call to keep him apprlsecl ofl rs
23 condition. He was never called by any Narconon representative.
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Case 3:1 2-cv-00684-LRH-WGC Document 1 2 Filed 01/02/13 Page 7 of 19
1 21. Rule No. 23 of the Narconon handbook states, "No sel(ual activity of any kind will be
2 permitted by students or between students and staff." Male students regularly had intercourse in
3 girls' bedrooms at the Canyon Retreat.
4 22. Rule No.2 ofthe Narconon handbool< states, 'l agree NOT to buy, sell, possess, use, or
5 bring any illegal/prescription drugs and/or alcohol to the facility or anywhere else while I am
6 Involved with the Narconon Program: Rule No.3 states, "l agree NOT to buy, sell, possess, or use
7 illegal drugs and/or alcohol while I am involved with the Narconon Ptogram, nor will I influence
8 any other people involved with the program to do so: Around or about the middle of April, 2011
9 whUe Richard Provence, an "intern, was supervising Internet time for __ ..Ji was on
10 Facebook asking friends to send him drugs. Richard Instructed L l _ __JI on how to have drugs
11 sen tin shampoo bottles, etc. Richard gaveLI __ I $40 cash to send to a friend so that the friend
12 could mall Opana to Narconon without being discovered. Narconon failed to maintain control of
13 Its employees and their agents.
14 23. Every Satttrd:zy, there was a trip to town. Students stole Coracedin cough and cold
15 and cough syrup, then took It back to the facility for their pleasure. Students brought drugs into
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16 the Rainbow Canyon Retreat, Including Heroin, marijuana, Roxy, and Oxycodone. Drugs were
17 sent through the mail in shampoo bottles and by other means.
18 24. Around or about the end of April, 2011, L I _ __Jiwent Into another patient's room to
19 visit. He wimessed a patient named Brian shooting Heroin up in the bathroom. Ll _ __JI was
20 offered Heroin consistently by other patients thereafter, and subsequently gave ln. I J shot
21 up heroin for the first time while at the Rainbow Canyon Retreat
22 25. Minors were permitted to smoke cigarettes In their rooms. The mattresses were
23 pockmarked with cigarette bums.
24 26. Ll __ .Jts (Pod was stolen at the Rainbow Canyon Retreat.
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Case 3:1 2-cv-00684-LRH-WGC Document 12 Filed 01/02/13 Page 8 of 19
1 27. Rule No. 17 states, "No food or drinks of any kind (except water) are permitted in
2 student rooms or the TV lounge. Mountain Dew and other carbonated beverages were present
3 consistently in.LI __ rs room. Narconon fatted properly to supervise and enforce the rules.
4 28. During the pre-admission process, staff assured Mark and Nicole that no
5 brainwashing or attempts to convertLI __ I to the philosophical teachings of L. Ron Hubbard
6 would occur. An L. Ron Hubbard book was placed __ s nlghtstand,andLI _
1 forced to attend "classes that involved staring at oth students for hours at a time.
8 29. Because of the failure to supetvlse the ad t students at the Narconon Rainbow
9 Canyon Retreat, because of the overt, continuing drug abuse thriving under Narconon
10 supervision, because of the lack ofprotettion afforde 15-year-oldLI __ Iand his property In
11 addition to the Utany of other violations of the Narco n manual, Mark and Nicole respectfully
12 demanded full reimbursement of the $40,000 fee cha ed to them uponLI _ admission Into
13 the Narconon program. This demand was made on Ju e 12, 2012. Mark and Nicole's request was
14 reftlsed by Narconon.
15 30. During the course ofLI _ __Jis short stay t the Rainbow CaQyon Retreat, Naroonon's
16 own rules and regulations were blatantly disregarded and/or broken by Its staff and their
17 supervisors. The vefY RrstStudent Rule states: No IREATS OR ACTS OF VIOLENCE. We are
18 not to hurt anyone or anything In the faclllty .. .Assault on another student or staffls considered
19 grounds for Immediate dismiual from the program. Is also Includes emotional threats,
2.0 confrontations, insults, antagonism, etc. From the in 'dents of bullying to the permanent
21 brandlngL I _ __JI suffered at the hands offellow resi ents of the Rainbow Canyon Retreat,
22 I has suffered the consequences of both intent onal and non-Intentional lack of
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23 supervision at that Narconon facility in excess ofTen r housand Dollars ($10,000).
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Case 3:12-cv-00684-LRH-WGC Document 1 2 Filed 01/02/13 Page 9 of 19
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31. L l _ __,I has suffered permanent emotional, psychological, and physical damage as a
2 direct result of the lack of supervision and contract violation.s by Narconon's Rainbow Canyon
3 Retreat In exceu ofTen Thousand Dollars ($10,000).
4 32. As a direct result of the abuse Ll _ __,I suffered while at the Rainbow Canyon Retreat,
5 attempted to commit suicide on September 5, 2012.
6 33. As a result of Narconon's negligence and deliberate lack of supervision. Mark and
7 Nicole Peet have Incurred medical bills in a sum in excess ofTen Thousand Dollars ($10,000).
8 34. As a result of the negligence and deliberate actions of Narconon, .._ ___ _, has
9 Incurred pain and suffering, and wiU incur fu.ture pain and suffering in a sum in excess ofTen
10 Thousand Dollars ($10,000.00) .
35. Mark and Nicole paid a total of$39,000 to Narconon Presh Start fori Is
treatment for 5 to 6 months at the Rainbow Canyon Retreat
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36. Mark and Nicole Peet were required to retain legal counsel in order to prosecute the
within action and are entitled to reasonable attorney's fees, together with costs of suit
a 15 FIRST CAust OP ACTION
16 BREACII OF CON'm.ACT
17 37. Plaintiff incorporates, reasserts and realleges the facts set forth in the foregoing
18 paragraphs numbered t through 36 In this claim.
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38. Plaintiff entered Into a contract with Defendants fo r valuable consideration whereby
zo Defendants would house, train, educate, supervise, diagnose, treat. and cureLI __ .Ji from his
21 drug dependency on marijuana and prescription medications.
22 39. Plaintiff paid Defendants $39,000 for a one year rehabilitation and treatment regime
23 fori I
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40. Defendants were paid to care for LI __ .Ji in Defendants' facilities for his c a r ~ .
2 treatment, training, education, supervision, diagnosis, treatment and rehabilitation.
3 41. Defendants failed safely to house, train, supervise, diagnose, treat or rehabilitate
4 I as contracted and breached their agreement with Plaintiffs.
5 42. Ll ---'1 was not provided rehabiltwttve care for the full term of the contract.
6 43. Plaintiffs were injured in excess ofTen Thousand Dollars ($10,000) In an amount to
7 be proven at trial .
8 44. Plaintiffs have been required to obtain the services of counsel in this matter and are
9 entitled to reasonable attorney's fees :;md costs of suit
10 SECOND CAUSE OF ACTION
11 N!!GLIGEIIT HIRING
45. Plaintiff incorporates, reasserts and rea lieges the facts set forth In the foregoing
13 paragraphs numbered 1 through 44 in this claim.
46. Defendants owed a duty of care to Plaintiffs who pald substantial sums to Defendant
15 for the care and rehabilitation ofL I _ _..Jiwho was housed twenty four hours per day at
16 Defendants rehabilitation fad lity.
17 47. Defendants promised Plaintiffs they had trained staff to perform rehabll lwtlve
18 services on Ll _ _..Jiwho would supervise all of the drug addicts at the facility and ensure
19 fs safety from the older addicts.
20 48. Defendants negligently hired, supervised, trained and retained swffwho were not
21 competent to perform the services Plaintiffs contracted to receive and Defendants promised to
2Z provide.
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49. L I __ ...Ji was injured in his person by addicts who should have been screened away
24 from Ll _ _..Jiin his living space ..
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50. Ll ___ l was struck and required medical attention by addicts who were
2 unsupervised by Defendants' staff.
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51. Ll ___ lvias taught to smuggle drugs Into the facil ity by staff instead of being
4 rehabilitated by Defendants' staff.
5 52. Defendants hired employees and failed to background chec.k the hired employees wh
6 were ongoing drug abusers, not employees dedicated to rehabilitation. while working at the
7 facility.
8 53. After,_ l __ l was injured by a battery at the facil ity, the Defendants failed to take an
9 action to fi re the staff who failed to supervise the older addicts and to keep such addicts away
10 from a teenage boy.
11 54. The Injuries caused by stairs negligence were caused in the course and scope of their
12 employment duties that Included the supervision of addicts who were admitted to the facility for
13 rehabilitation.
14 55. At no time were Defendants warned that the injuries Inflicted onLI __ .Jiwere. part o
15 the rehab!!itation regimen.
16 56. At no time were Defendants advised that LI __ ...Ji mtght be Injured by other addicts in
17 their care because such persons were not supervised by Defendants.
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57. Plaintiffs were advised by Defendants thatL I ---'I would be safe in their facility and
19 they had the necessary staff to supervise admittei1S and to perform the duties necessary to
20 ensure rehabilitation ofLI _ __.Jiand the other admittees in their care.
21 THIRIJ CAUSB OP ACTION
22 (JIITSNTIONAL lNFUCTION OF EMOTIONAL DtsTRBSS
23 58. Plaintiff incorporates, reasserts and realleges the facts sot forth in the foregoing
24 paragraphs numbered 1 through 57 in this claim.
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Case 3:12 cv006B4 LRH WGC Document 1 2 Fi led 01/02/13 Page 12 ol19
1 59. Defendants' employees allowed, encouraged, counseled or permitted admittees at
2 Narconon to use a heated piece 9fwlre to burn a mark into ,_I --'ts arm.
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60. ,_ I _ __,!was in his room, In his bed, asleep when this Incident occurred.
4 61. 1 I never felt safe In his room again knowing that he was at risk of further
S assaults from the same admittees who branded him.
6 62 Ll _ _)I reported the branding to Narconon officials but they took no action to remed
7 the situation.
8 63. This left:,_l _ _JI in a position where he did not know whether th.e staff was
9 cooperating with those persons who had assaulted him since by taking no action against them
10 Narconon staff approved of the branding.
11 64. Prom that day forward,,_ ! --'1 was In constant state of distress because the
12 Narconon staff could not be trusted to protect him from the assaults and batteries committed by
the other admittees against him.
14 65. When ,_I --'1 was punched In the face, the battery reinforced his constant fears of
15 battery because there was no action by staff members to protect ,_I --'1 from other, older,
16 admittees.
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66. By falling to protect,_! _ _Jifrom the second assault. Narconon staff approved of
18 bullying behavior that had been committed on ,_I --'1 and Intentionally allowed the criminal
19 behavior to continue.
20 67. Plaintiffs have been required to retain counsel to prosecute this suit and are entitled
21 to reasonable attorneys fees and costsohuit.
2 2 68. Plaintiffs are entitled to damages for past, present and future medical and health
23 related bills and pain and suffering In a sum in excess of $10,000.
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Case 3:12 cv006B4 LRH WGC Document 1 2 Fi led 01/02/13 Page 13 ol19
1 69. Plaintiffs are entitled to punitive damages for Defendants Intentional injury to
2 lin an amount to be proven at trial.
3 FOURTH C..USS ACTION
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5 70. Plaintiff incorporates, reasserts and realleges the facts set forth In the foregoing
6 paragraphs numbered 1 through 69 in this claim.
7 71. Defendants, and their employees by virtue of the legal doctrine of Respondeat
8 Superior, battered ._ I _ _,I on two separate occasions.
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72. On the first occaslon,._l __ .Ji was branded on hJs arm because Narconon employees
failed to supervise other admittees to the facility, when they heated a piece of. wire and branded
'---'rs arm.
73. Narconon employees are tasked with supervising the persons admitted to the facOit,y
for treatment and rehabilitation for drug addiction problems.
74. Drug use In the State of Nevada Is felonious criminal activity.
75. Narconon knew that admittees to the facility had engaged in felonious criminal
activity prior to admission to the facility.
76. Narconon knew that persons with felonious drug addiction problems were liable to
commit other crimes while in their care and custody.
77. Narconon employees, In the course and scope of their supervision duties, either
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allowed or faJied to prevent admittees from brandlngl .__ _ _,fs arm With hot wire whlle._l _ _,
21 was asleep in his room.
22 78. Narconon should have known that felons and drug addicted persons require constant
Z3 supervision to ensure that they do not commit other crimes while in Narconon's care, custody
24 and control.
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1 79. Plaintiffs have been required to retain counsel to prosecute this suit and are entitled
2 to reasonable attorneys fees and costs of suit.
3 80. Plaintiffs are entitled to damages for past, pre6cnt and future medical and health
4 related bills and pain and suffering In a sum in excess of $10,000.
5 81. Plaintiffs are entitled to punitive damages fur Defendants' intentional injury to
6 I in an amount to be proven at t rial.
7 FlFTR CAUSE OP ACTION
B BATTnRY
9 82. Plaintiff incorporates, reasserts and ri!alleges the facts set forth In the foreeoing
10 paragraphs numbered 1 through 81 in this claim.
11 83. Defendants, and their employees by virtue of the legal doctrine of Respondeat
12 Superior, battered,_ ! _ __,I on two separate occasions.
84. On the second occaslon,,_l _ __,I was was struck In the face severely enough to
14 require a physician's examination because Narconon employees failed to supervise other
15 admittees to the faciUcy, when an admittee struck,_l _ __,I in the face.
16 85. Narconon employees are tasked wtth supervising the persons admitted to the facilitY
17 for treatment and rehabilitation for drug addiction problems.
18 86. Drug use In the State of Nevada Is felonious criminal actlvlcy.
19 87. Nartonon knew tl)at admlttees to the facUlty had engaged In felonious criminal
20 activity prlor to admission to the facilicy.
21 88. Narconon knew that persons with felonious drug addiction problems were liable to
22 commit other crimes while in their care and custody.
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1 89. Narconon employees, in the course and scope of their supervision duties, either
2 allowed or failed to prevent admittees from branding ,_l __ l's arm with hot wire while.LI __ J
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3 was asleep in his room.
4 90. Narconon should have known that felons and drug addicted persons require constant
5 supervision to ensure that they do not commit other crimes while In Narconon's care, custody
6 and control.
7 91. Plalntl!Ts have been required to retain counsel to prosecute this suit and are entitled
8 to reasonable attorneys fees and costs of suit
9 92. Plaintiffs are entitled to damages for past, present n.nd future medical and health
10 related bills and pain and suffering in a sum In excess of $10,000.
11 93. Plaintiffs are entitled to exemplary and punitive damages for Defendants Intentional
12 Injury to ,_I _ __.JI In an amo11nt to be proven at trial.
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WHEREFORE, Mark and Nicole pray for damages against Narconon Fresh Start as follows:
1. Damages for past, present, and future medical and health related bills in a sum
In excess $10,000 on each cause of action recited above
2. Damages for past, present, and future pain and suffering In a sum in excess of
Ten Thousand Dollars ($10,000.00) on each cause of action recited above
3. Reimbursement of the entire sum of$39,000 paid to Narconon Fresh Start.
4. Reasonable attorney's fees, together with cost of s11it on each count set forth
above.
s. I' or exemplary and punitive damages against Defendants for the battery inj11rle
and for intentional infliction of emotional distress.
6. That for SIICh other and further relief as the Court deems proper In the
premises.
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Date: November 21, 2012
<:? _Q ~ ~ ) k 1 ~ = ~
Rlch.lrd W. ses: 5489
1330 Aultman Blvd,
Ely. Nevada 89301
(775) 2893366
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