Doe v. Boy Scouts of America and Chicago Area

ELECTRONICALLY FILED
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2012-L-013569
CALENDAR: F
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CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
LAW DIVISION
COUNTY DEPARTMENT, LAW DIVISION
CLERK DOROTHY BROWN
JOHN DOE 2, JOHN DOE 3,
JOHN DOE 7, JOHN DOE 8, JOHN DOE 9,
JOHN DOE 16, JOHN DOE 17, and JOHN DOE 18,
)
)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
THOMAS HACKER,
)
BOY SCOUTS OF AMERICA, a congressionally
)
chartered corporation, authorized to do business in Illinois, )
CHICAGO AREA COUNCIL, INC. BOY SCOUTS
)
OF AMERICA, and
)
CHICAGO AREA COUNCIL, BOY SCOUTS OF
)
AMERICA, INC.,
)
)
Defendants.
)
2012 L 013569
TRIAL BY JURY
DEMANDED
NOTICE OF FILING
TO:
John J. Walsh, Pretzel & Stouffer,One South Wacker Drive Suite 2500, Chicago, IL
60606; Dana Crowley, Dana Crowley & Associates, 112 Wool Street, Suite 200
Barrington, IL 60010
Please take notice that on May 28, 2015, we filed with the Clerk of the Court of Cook County,
Illinois, the Plaintiffs Third Amended Complaint at Law.
/s/Evan M. Smola
Evan M. Smola
One of the Attorneys for the Plaintiff
I, Julia Keinath, certify that a copy of the above mentioned pleading has been served upon the
attorneys of record by placing a copy of the same into an envelope properly addressed, to the best of the
undersigned's knowledge, and depositing the envelope so addressed, sealed and with requisite postage
prepaid into the U.S. mail on May 28, 2015.
/s/Julia Keinath
Julia Keinath
HURLEY McKENNA & MERTZ
Attorneys for the Plaintiff
33 N. Dearborn Street, Suite 1430
Chicago, Illinois 60602
(312) 553-4900
Atty. No. 41267

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)
)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
THOMAS HACKER,
)
)
)
OF AMERICA, and
)
)
AMERICA, INC.,
)
)
Defendants.
)
2012 L 013569
TRIAL BY JURY
DEMANDED
THIRD AMENDED COMPLAINT AT LAW

NOW COME the Plaintiffs, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, JOHN DOE 6,
JOHN DOE 7, JOHN DOE 8, JOHN DOE 9, JOHN DOE 10, JOHN DOE 11, JOHN DOE 12,
JOHN DOE 13, JOHN DOE 14, JOHN DOE 15, JOHN DOE 16, JOHN DOE 17, and JOHN
DOE 18 (hereinafter sometimes referred to collectively as JOHN DOE JOHN DOE 18), by and
through their attorneys in this regard, HURLEY McKENNA & MERTZ, and as their Third
Amended Complaint against defendants, THOMAS HACKER, BOY SCOUTS OF AMERICA,
CHICAGO AREA COUNCIL, INC. BOY SCOUTS OF AMERICA, and CHICAGO AREA
COUNCIL, BOY SCOUTS OF AMERICA, INC. (hereinafter sometimes referred to as
CHICAGO AREA COUNCIL), they states as follows:
COUNT I NEGLIGENCE
THOMAS HACKER
1.
Defendant THOMAS HACKER was, at various times material hereto, up to and
including approximately 1988, an employee, servant, officer, volunteer, Scoutmaster, agent and/or
apparent agent of co-defendant Boy Scouts of America (hereinafter BSA) and various Councils of
the Boy Scouts of America.
2.
Defendant HACKER was at various times material hereto, up to and including
1988, an employee, servant, officer, paid executive, volunteer, Scoutmaster, agent and/or apparent
agent of co-defendants CHICAGO AREA COUNCIL, INC. BOY SCOUTS OF AMERICA,
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CHICAGO AREA COUNCIL, BOY SCOUTS OF AMERICA, INC. (hereinafter collectively

referred to as Chicago Area Council).
3.
Defendant HACKER performed duties for BSA and the Chicago Area Council in
various counties throughout Illinois, including Cook County.

4.
During his work with BSA and the Chicago Area Council, Defendant HACKER
was a pedophile and sexual predator of adolescent and pre-adolescent boys. HACKER posed a
constant threat to boys.
5.
For the purpose of furthering his duties as a BSA and Chicago Area Council
Scoutmaster, HACKER sought and gained Plaintiffs trust, friendship, admiration and obedience.
As a result, Plaintiffs were conditioned to comply with HACKERS direction and to look to him
as an authority figure.
6.
Using the power, authority, and trust of his positions as a BSA leader and availing
himself of Defendants' representations to parents and scouts that the BSA was a moral and safe
place for boys, Hacker enticed, induced, directed, coerced, and forced JOHN DOE JOHN DOE
16 to engage in deviant sexual acts with him between 1987 and 1988.
2
7.
Hacker physically, mentally, and sexually abused JOHN DOE between 1987 and
8.
1988.
place for boys, Hacker enticed, induced, directed, coerced, and forced JOHN DOE 2 to engage in
deviant sexual acts with him between 1983 and 1986.
9.
Hacker physically, mentally, and sexually abused JOHN DOE 2 between 1983
and 1986.
10.
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11.
and 1986.
12.
13.
and 1986.
14.
15.
and 1985.
16.
17.
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and 1986.
18.
deviant sexual acts with him between 1980 or 1981 and 1982.
19.
Hacker physically, mentally, and sexually abused JOHN DOE 7 between 1980 or
1981 and 1982.

20.
21.
and 1987.
22.
23.
and 1987.
24.
place for boys, Hacker enticed, induced, directed, coerced, and forced JOHN DOE 10 to engage
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in deviant sexual acts with him between 1984 and 1987.

25.
and 1987.
26.
27.
and 1983.
28.
29.
and 1987.
30.
31.
and 1987.
32.
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33.
and 1982.
34.
35.
and 1986.
36.
37.
and 1987.
38.
39.
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and 1986.
40.
41.
and 1983.
42.
JOHN DOE JOHN DOE 18 were all registered scouts during the time frames of
abuse outlined in paragraphs 6 41.

43.
As the direct supervisor, scout leader, and mentor of the Plaintiffs, HACKER
owed a duty to refrain from partaking in any inappropriate conduct with the Plaintiffs. Scout
leaders are in a unique position to provide competent, safe, and morally grounded supervision to
vulnerable and easily influenced boys and young men. As such, HACKER owed a duty to
refrain from inappropriate physical touching of the Plaintiffs.
44.
Defendant HACKER was negligent in one or more of the following ways:

a. Was routinely alone with Plaintiffs for hours;
b. Used his BSA position to spend time alone with Plaintiffs for the purpose
of sexually abusing them;
c. Engaged in oral sex with the Plaintiffs during their minority;
d. Engaged in anal sex with certain Plaintiffs during their minority;
e. Forced Plaintiffs to engage in group sex; and
f. Sexually abused the Plaintiffs.
45.
As a direct and proximate result of the aforementioned actions by the
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Defendant, Plaintiffs have suffered permanent injuries of a personal and pecuniary nature,
and have been psychologically damaged and continue to be damaged psychologically and to
experience mental anguish, humiliation and emotional and physical pain, suffering and distress.
46.
Further, as a result of the aforementioned sexual abuse and breach of trust,
Plaintiffs have suffered and will continue to suffer physical and emotional pain and
dysfunction, and both economic and noneconomic damages in an amount to be proved at
trial.
47.
Because this abuse occurred when Plaintiffs were minors, the Plaintiffs
suppressed the memories of this abuse.

48.
It was not until October of 2012 when the release of Ineligible Volunteer Files
became widely publicized that Plaintiffs discovered that they were repressing the memories of
Hackers abuse, discovered their injuries, and became aware of their cause of action against
Defendants.
WHEREFORE, Plaintiffs, JOHN DOE, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4,
8
JOHN DOE 11, JOHN DOE 12, JOHN DOE 13, JOHN DOE 14, JOHN DOE 15, JOHN DOE
16, JOHN DOE 17, and JOHN DOE 18 by and through Plaintiffs attorneys, HURLEY
McKENNA & MERTZ pray for damages against defendant THOMAS HACKER in a sum in
excess of $50,000.00, plus the costs of suit, and all other relief permitted by law.
COUNT II CIVIL BATTERY
THOMAS HACKER
1-43. Plaintiffs reassert and re-allege paragraphs 1 through 43 of Count I of this
Complaint at law as and for paragraphs 1 through 43 of Count II of this Complaint at Law.
44.
Defendant HACKER knew or should have known that his intentional physical
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contact with the Plaintiffs was unwanted, unwelcomed, harmful, and damaging.
45.
Defendant HACKER knew or should have known that his intentional sexual
contact with the Plaintiffs was unwanted, unwelcomed, harmful, and/or damaging to the
Plaintiff.
46.
Defendant HACKER sexually and physically battered Plaintiffs during the time
frames outlined in Paragraphs 6 41.

47.
Defendant HACKER sexually and physically battered Plaintiffs during the time
frames outlined in Paragraphs 6 41.

48.
Defendant HACKER knew or should have known that his intentional physical
and sexual contact with Plaintiffs would cause both permanent emotional harm and permanent
physical harm to Plaintiffs.
49.
All physical and sexual contact made by HACKER was done without the consent
of Plaintiffs, who were minors at the time.

50.
defendants, Plaintiffs have suffered permanent injuries of a personal and pecuniary nature,
9
experience mental anguish, humiliation and emotional and physical distress. Further, as a result
of the aforementioned sexual abuse and breach of trust, Plaintiffs have suffered and will
continue to suffer physical and emotional pain and dysfunction, and both economic and
non-economic damages in an amount to be proved at trial.
51.
Because this abuse occurred when Plaintiffs were minors, Plaintiffs suppressed
the memories of this abuse.

52.
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their abuse, discovered their injuries, and became aware of their causes of action against
Defendants.
COUNT III INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
THOMAS HACKER
1-52. Plaintiff reasserts and realleges paragraphs 1 through 52 of Count II of Plaintiffs
First Amended Complaint as and for paragraphs 1 through 52 of Count III of Plaintiffs First
Amended Complaint.
53.
Defendants sexual abuse of Plaintiffs constitutes extreme and outrageous conduct.
10
54.
Defendant knew or should have known that there was a high probability that the
sexual molestation of minor children would result in emotional distress to those minors.
55.
defendant, Plaintiffs have suffered permanent injuries of a personal and pecuniary nature,
experience mental anguish, humiliation and emotional and physical distress. Further, as a result
of the aforementioned sexual abuse and breach of trust, Plaintiffs have suffered and will
continue to suffer physical and emotional pain and dysfunction, and both economic and
non-economic damages in an amount to be proved at trial.
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56.
Because this abuse occurred when Plaintiffs were minors, Plaintiffs suppressed
the memories of this abuse.

57.
their abuse, discovered their injuries, and became aware of their causes of action against
Defendants.
11
ALLEGATIONS AGAINST BOY SCOUTS OF AMERICA COMMON TO ALL

DOE PLAINTIFFS
1.
The BOY SCOUTS OF AMERICA (hereinafter "BSA") is the largest youth
organization in the United States with approximately five million members. BSA was chartered
in 1910 by an act of Congress. An estimated 20% of American boys have had contact with
scouting either as members or by attending Scout functions.
2.
Throughout its one hundred and three year history, the BSA has consistently held
itself out to the public as a "moral and safe" environment for boys to participate in healthy
outdoor activities and to be given proper guidance and instruction. Millions of parents and scouts
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have placed their trust in the BSA.

3.
Paradoxically, the BSA promotes the wholesomeness of its programs while
knowing that since the 1940s it has been secretly removing scoutmasters for child sexual abuse
at an alarming rate, which in the 1970s, reached an average of one every three days. Its own
records demonstrate that it has long known that Scouting attracts pedophiles in large numbers
and that scouts, far from being safe, are at heightened risk of sexual abuse by child molesters.
4.
Defendant, BOY SCOUTS OF AMERICA is a congressionally chartered
corporation, authorized to do business in Illinois.

5.
Co-Defendant, Chicago Area Council is an Illinois not-for-profit corporation that
organizes scouting events and maintains scouting troops in Cook County. The Chicago Area
Council headquarters is located in the City of Chicago in Cook County, Illinois.
6.
Since approximately 1919, BOY SCOUTS OF AMERICA has maintained a
group of files known variously as the red files, perversion files, or ineligible volunteer files (IV
Files).
12
7.
The claimed purpose of the BOY SCOUTS OF AMERICAS maintenance of the
files is to keep sexual predators out of Scouting.

8.
Co-Defendant Thomas Hacker was first placed in the IV files in 1970.
Boy Scouts of Americas Notice of Hackers Predatory Tendencies.

9.
On July 7, 1961, authorities in Indianapolis, Indiana arrested Hacker for molesting
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boys during a scout camp out.

10.
After this arrest, Hacker was removed as Scoutmaster of his troop in Indianapolis.
11.
Hacker subsequently joined another troop in Indianapolis.
12.
Hacker was either asked to leave that troop or resigned.
13.
Hacker joined a third troop in Indianapolis in October of 1968.
14.
Between October of 1968 and February 26, 1970, Hacker served as Scoutmaster
of his third troop in Indianapolis.

15.
On and prior to February 26, 1970, Thomas Hacker served as a Scoutmaster in a
troop affiliated with the Central Indiana Council of the BOY SCOUTS OF AMERICA.
16.
On February 26, 1970, Frank Chase, a Scout Executive with the Central Indiana
Council, notified BOY SCOUTS OF AMERICA that local authorities were conducting an
investigation into Thomas Hacker.
17.
On February 26, 1970, Frank Chase wrote a letter to Earl Krall of the BOY
SCOUTS OF AMERICA.
18.
At the time of the letter, Earl Krall served as Director of Registration and
Fulfillment Services of BOY SCOUTS OF AMERICA.

19.
On March 18, 1970, Earl Krall acknowledged receipt of Frank Chases letter.
13
20.
On March 18, 1970, Earl Krall stated in response to Mr. Chases letter that we
have placed this information in our file and have taken steps to have these names deleted from
our records.
21.
On March 30, 1970, Indianapolis authorities arrested Hacker and charged him
with assault and battery with intent to gratify sexual desires.

22.
The March 30, 1970 arrest led to an investigation in Indianapolis, made part of the
public record, in which authorities identified 51 boys that were molested by Hacker.
23.
In the February 26, 1970 letter to Earl Krall, director of Registration &
Fulfillment Services with the Boy Scouts of America, Frank Chase stated that Hacker should
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not be allowed to register with the Boy Scouts of America at any time or any place.
24.
In its March 18, 1970 response letter, BSA requested the Central Indiana Council
fill out and return confidential record sheets that would enable BOY SCOUTS OF AMERICA to
identify Mr. Hacker if he attempted to register in the future.
25.
The Central Indiana Council completed a Confidential Record Sheet on or
about June 8, 1970.

26.
The Central Indiana Council returned the Confidential Record Sheet to the
BOY SCOUTS OF AMERICA.

27.
The Confidential Record Sheet indicates that Mr. Hacker was arrested for
homosexual activity with many boys both in Scouting and through the school in which he was
teaching.
28.
On June 8, 1970, Defendant BSA placed Hacker on the ineligible volunteer list
for his arrest for homosexual activity with many boys in Scouting and through the school in
which he was teaching.
14
29.
On June 15, 1970, in a letter to Frank Chase, BSAs Earl Krall acknowledged that
he placed Hackers information in the ineligible volunteer file.

30.
BSA knew that Hacker was a pedophile and predator that posed a threat to Scouts,
as of February 26, 1970.

31.
On October 18, 1971, Hacker was arrested for a third time for sexual misconduct.
32.
On or about October 18, 1971, Hacker was arrested in Cook County for taking
indecent liberties with a child.

33.
At the time of his October 18, 1971 arrest, Hacker was volunteering in a troop
associated with the Northwest Suburban Council of the Boy Scouts of America.
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34.
On October 27, 1971, Arthur Allen, Scout Executive of the Northwest Suburban
Council of the Boy Scouts of America, wrote a letter to Paul Ernst.

35.
At the time the aforementioned letter was written, Paul Ernst was Director of
Registration and Membership of the Boy Scouts of America.

36.
Allens October 27, 1971 letter informed BOY SCOUTS OF AMERICA that
Hacker had been arrested and, at the time of his arrest, had re-registered with the BOY SCOUTS
OF AMERICA under a different name: Thomas Edwards.
37.
The October 27, 1971 letter clarified that Thomas Hacker and Thomas Edwards
were the same person.

38.
Correspondence from Northwest Suburban Council of the Boy Scouts of America
to Boy Scouts of America stated that Mr. Hacker was arrested on charges of taking indecent
liberties with a child.
39.
Correspondence from Northwest Suburban Council of the BOY SCOUTS OF
AMERICA enclosed a newspaper clipping outlining the charges against Thomas Hacker.
15
40.
Correspondence also indicated that the Council learned that Mr. Hacker was
previously active in scouting in Central Indiana.

41.
On November 2, 1971, BSAs Paul Ernst acknowledged receipt of the letter from
Northwest Suburban Council of the BOY SCOUTS OF AMERICA and wrote back to the
Council.
42.
In his November 2, 1971 letter, BSAs Paul Ernst indicated that under no
circumstances do we want [Mr. Hacker] registered in Scouting.

43.
BSA was, again, warned of the dangers posed to children by Thomas Hacker via
the October 27, 1971 letter from the Northwest Suburban Council of the Boy Scouts of America.
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44.
In addition to being deemed an Ineligible Volunteer, Thomas Hacker was also
discharged from Chicago Public Schools for molesting children in the late 1970s or early 1980s.
45.
Despite being in the ineligible volunteer files, despite being arrested three times
for child molestation, and despite being discharged from Chicago Public Schools for molesting a
child, Mr. Hacker became active in the Chicago Area Council of Boy Scouts of America
beginning in approximately 1981 or 1982.
46.
In a short time after volunteering for the Chicago Area Councils troop 1600,
Hacker began acting as a merit badge counselor and later became the de facto scoutmaster and
committee chairman.
47.
BOY SCOUTS OF AMERICA did not conduct a background check on Mr.
Hacker at the time he began volunteering with the Chicago Area Council of the Boy Scouts of
America.
16
48.
BSA did not perform any due diligence in investigating Hackers references,
background, criminal history, or qualifications to work with children either before or after he was
formally listed as a committee member.
49.
If BSA had conducted a background check when Hacker volunteered in the
1980s, the background check would have confirmed a felony conviction in approximately 1970
on charges involving sexual abuse and/or assault of a child.
50.
Beginning in 1984, Hacker was registered with the Chicago Area Council of the
Boy Scouts of America.

51.
Through his position with the Chicago Area Council of the Boy Scouts of
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America, Mr. Hacker gained access to many young boys and began molesting children within the
Council.
52.
Mr. Hacker met and gained access to all of the Plaintiffs through Hackers role as
merit badge counselor, committee chairman and de facto scoutmaster with the Chicago Area
Council.
53.
Defendant Hacker was, at various times material hereto, an employee, servant,
volunteer, agent and/or apparent agent of Defendant BOY SCOUTS OF AMERICA.

54.
Between 1981 and 1988, Hacker routinely and repeatedly molested the Plaintiffs
during various scouting events, including campouts, trips, and troop meetings.
55.
In February of 1988, Thomas Hacker was arrested, charged and later convicted of
five counts of aggravated criminal sexual assault against three scouts.

56.
On April 15, 1988, The Illinois Department of Children and Family Services
informed the BOY SCOUTS OF AMERICA that at least 34 boys were victims of child abuse at
17
the hands of Thomas Hacker. BOY SCOUTS OF AMERICA made no effort to locate and
identify Hackers victims.
BSAs Knowledge of Pedophiles in Scouting
57.
Defendant BSA knew that Scouting was being used and exploited by child
molesters to gain access to and gain the trust of Scouts, including Plaintiffs. Yet, Defendant
BSA did nothing to alter its Scouting program to effectively ameliorate the sexual abuse problem
or to warn Scouts, Scouts parents, other troop-level leaders or prospective Scouts and their
parents prior to or during the time of Plaintiffs abuse.
58.
Not later than 1965, Defendant BSA knew that Scouting posed a danger to minor
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boys because it had actual knowledge that there had been a concrete, longstanding, consistent,
and widespread problem of adult Scout leaders sexually abusing minor Scouts.
59.
IV Files that reflect child sexual abuse allegations against adult BSA volunteers
are categorized by BSA as Perversion files.

60.
On information and belief, the BSA Perversion IV Files have predominantly
constituted a majority or plurality of the total IV Files.

61.
Between 1920 and 1935, at least 1,000 child molestersbetween 5060 per
yearwere discovered and subsequently excluded from Scouting. At least 1,200 Perversion
files were created by BSA between 1965 and 1985. However, the number of IV Perversion Files
currently available significantly underrepresents the actual number of adult BSA volunteers that
molested Scouts because Defendant BSA has destroyed IV Files for a variety of reasons, and
more significantly because Scouts who have been abused, like many children do not report the
fact that they were sexually abused.
18
62.
In Illinois alone, at least 70 Scout leaders were placed in BSAs Perversion Files
between 1965 and 1985. These Scout leaders operated in various councils in Illinois; at least 23
of them were from Chicago.
63.
Prior to and during the pendency of Plaintiffs abuse, by and through the
Perversion Files, Defendant BSA possessed a very detailed knowledge base concerning the
circumstances under which Scouts were sexually abused. To wit, the details of the sexual abuse
of Scouts were contained in the Perversion Files that gave the BSA specific information about
the ways in which the abuse occurred, how the sexual abuse was accomplished and that
previously banned leaders would attempt to get back into Scouting to abuse other Scouts.
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64.
Based upon this knowledge prior to and during Plaintiffs abuse, Defendants
knew with certainty that at least some significant number of Scoutsincluding Scouts such as
Plaintiffswould be molested by BSA scouting volunteers each and every year.
BSAs Knowledge of Pedophiles Changing Their Names and Regaining Access to Children
65.
In addition to documenting numerous instances of childhood sexual abuse
perpetrated by Scout leaders, the IV Files demonstrate BSAs historic knowledge and notice of
pedophiles being barred from scouting, but later re-entering under another name.
66.
For example, on November 4, 1965, the Clinton Valley Council of BSA, located
in Pontiac, Michigan, reported to BSAs national headquarters that David Earl Clark, a
volunteer, had been accused of molesting many scouts within the troop. BSA apparently placed
David Earl Clark in its IV Files.
67.
Thereafter, Clark simply registered with a different last name as David Johnson
and was able to re-register with the Scouts.

68.
David Earl Clark regained access to scouting and subsequently molested scouts,
19
long after he was already a part of the IV files.

69.
BSA knew or should have known of the risk posed by volunteers changing their
names on registration applications in order to avoid being detected.

BSAs Knowledge of Pedophiles Avoiding Registration to Gain Access to Children
70.
BSA knew or should have known the previously reported pedophiles would
attempt to regain membership by avoiding registering with the local council or national
organization.
71.
BSA had knowledge prior to Hackers molestation of the Plaintiffs in the 1980s,
that other pedophiles that had been banned from scouting had successfully re-infiltrated the
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organization by simply avoiding registration.

BSAs Knowledge of Pedophiles Re-entering Scouting After Being Reported to BSA
72.
The IV Files also document multiple instances of child molesters volunteering
with scouting, molesting a child, being reported to BSA, but then re-gaining entry into scouting.
73.
For example, on June 11, 1971, the Scout Executive of the Boy Scouts of
America, Crescent Bay Council, reported to BSA that leader Stephen D. Field should not be
permitted to work with children due to his improper behavior with scouts behavior which
included playing strip poker with boys.
74.
Yet, despite this notice, BSA allowed Stephen D. Field to participate as a
volunteer with the Ventura County Council in the 1980s. Mr. Field was subsequently charged
with molesting a scout.
75.
BSA knew or should have known that its IV File system inadequately protected
scouts and that previously known pedophiles routinely re-entered scouting.
20
BSAs Knowledge of Convicted Pedophiles Registering with Scouting

76.
In addition to knowing that pedophiles would either change their names, re-enter
scouting, or avoid registration with scouting altogether, BSA knew that, historically, convicted
pedophiles were able to register with scouting.
77.
For example, Eugene Fred Burnett, served as Scoutmaster with the Delaware-
Maryland-Virginia Council in the 1960s and early 1970s.

78.
Mr. Burnett had previous convictions and arrests for sexual abuse of children in
1957, 1958, 1959, and 1965.

79.
Mr. Burnett and numerous other scout leaders were able to register with BSA
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despite having past criminal convictions for sexual abuse of minors.

80.
These volunteers were able to register in scouting because BSA failed to conduct
any form of background checks on volunteers.

BSAs Knowledge of Specific Targeting of Scout Troops for the Purpose of Molesting
Children
81.
BSA also knew that its organizations, local councils, and most importantly, its
troops, were specifically targeted by pedophiles in order to gain access to children.

82.
For example, in 1976, years before Hacker gained access to the Plaintiffs, three
men joined the New Orleans Area Council and created a BSA Troop. The men then routinely
sexually abused the Scouts within the Troop.
83.
On November 24, 1976, the local council notified BSA national of the abuse.
84.
BSA's own internal "Ineligible Volunteer Files" records it collected and
maintained in secrecy for seventy years, reveal that Scouting is a pedophile "magnet" and that
removed pedophiles were often able to re-enter scouting in other locations. These files were
maintained concerning paid executives as well as "volunteers."
21
85.
BSA was aware that Scouting attracted pedophiles and that the distinct
characteristics of scouting render scouts particularly susceptible to pedophiles.

86.
BSA knew or should have known that Scouting attracts pedophiles, in part,
because: a) Scouting provides the pedophile access to boys alone and away from their parents in
secluded settings like camp-outs and overnight hikes; b) Scouting provides opportunities for the
pedophile to seduce a boy by getting him in situations where the boy has to change clothing or
spend the night with him; c) the pedophile scout leader can, depending on the pedophile's age
preference, volunteer for and be sure to have access only to boys of a certain age; d) BSA
conditions boys to the concept of strict obedience to the Scout Leader, a bonding mechanism that
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pedophiles crave; e) BSA promotes the idea of secret ceremonies, rituals and loyalty oaths, all of
which help facilitate the pedophile's efforts to keep his victims silent and compliant; f) At the
time of the abuse, BSA conducted no criminal background checks on any of its volunteers.
87.
Despite knowing that: 1) banned members would try and re-register under
different names; 2) banned members would attempt to avoid registration; 3) banned members
easily re-entered scouting; 4) convicted pedophiles were able to enter scouting; and 5) scouting
organizations were specifically targeted by pedophiles, BSA did nothing to protect scouts
between 1981 and 1988.
Special Relationship
88.
BSA stands in a special, fiduciary relationship with scouts, including the
Plaintiffs.
89.
BSA promotes itself as a wholesome, moral organization filled with wholesome,
moral adult volunteers.

90.
BSA encourages emotionally intimate relationships between its youth and its
22
adult leaders of youth.

91.
Specifically, during the time frame in which the Plaintiffs were molested, BSA
encouraged adult leaders to counsel scouts in private.

92.
BSA required such counseling sessions in order for scouts to advance in ranking.
93.
Scouting literature, promoted, sold, and authored by BSA, encourages Scouts to
be loyal to their scout leaders and their Scoutmaster.

94.
BSA likewise encourages Scoutmasters to build supportive, trusting
relationship[s] with troop members.

95.
Hacker used the intimate relationship, encouraged, promoted, and fostered by
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BSA, to gain the trust of the Plaintiffs and molest the Plaintiffs.
96.
As an organization promoting counseling of troops and loyalty to leaders, BSA
stood in a special and fiduciary relationship with the Plaintiffs.

97.
As an organization that knew boys would be loyal to their leaders, BSA stood in a
special and fiduciary relationship with the Plaintiffs.

Punitive Damages
98.
At all times relevant to this Complaint, as detailed above, BSA knew of the
serious problem of adult volunteers, leaders, and scouts sexually abusing minor Scouts.
99.
In the years leading up to the abuse of Plaintiffs, BSA received thousands of
reports around the country of adult leaders sexually abusing minor scouts.
100.
In response to those reports and complaints, BSA employed a public relations
department to handle negative media exposure.

101.
Instead of addressing the problem by informing parents and scouts of the issue, or
by implementing safety programs to prevent abuse, BSA instead concealed the problem by
23
employing a public relations department to combat negative stories about sexual abuse in
Scouting.
102.
BSA employed a number of individuals in its public relations department,
including Barclay Bollas.

103.
BSA failed to inform its own public relations department, including Bollas, of the
seriousness of the problem and, instead, concealed the issue from all but a select few highranking employees.
104.
At the time Barclay Bollas worked as head of public relations, he knew very little
of the Ineligible Volunteer Files, had never seen a file, and knew nothing about the scope of the
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files.
105.
Nevertheless, Bollas actively worked to counter negative publicity when reports
of sexual abuse of Scouts arose throughout the country.

106.
When negative publicity arose involving the sexual abuse of Scouts, Bollas would
author and issue a News Alert memorandum that included the following caption:
107.
The continued public relations effort to hide the problem of child molestation in
Scouting successfully concealed the existence of the problem from parents and Scouts, including
Plaintiffs.
108.
By February of 1984, BSA knew or should have known that Thomas Hacker a
dangerous pedophile that had twice been reported to BSA had registered as an adult volunteer
with Troop 1600 in Burbank, Illinois.
24
109.
BSA has admitted that it received a Charter Renewal Overflow page from Boy
Scout Troop 1600 by February of 1984.

110.
BSA has further admitted that the Charter Renewal Overflow page identified an
adult member as Tom Hacker.

111.
BSA has admitted that it did not cross check the name Tom Hacker against its
list of ineligible volunteers a list which contained an ineligible volunteer file for Thomas
Hacker.
112.
Paul Ernst, executive of the registration and subscription department of the Boy
Scouts of America, was in charge of maintaining the ineligible volunteer files between 1971 and
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approximately 1993.
113.
During his time as executive of the registration and subscription department of the
Boy Scouts of America, Ernst and BSA had a policy to forego checking multiple registers.
114.
BSA and Ernst maintained this policy despite knowledge that people did cheat
and register as multiple registers to avoid detection.

115.
BSA claims that it did not check multiple registers because it did not have the
people and resources necessary to check multiple registers.

116.
Upon information and belief, at the time the abuse in this case occurred, BSA had
vast resources such that BSA could have devoted sufficient resources to cross-checking adult
volunteer names with those names on the list of ineligible volunteers.
117.
Instead of devoting any of its vast resources to cross-checking volunteer
registrants with its list of ineligible volunteers, BSA devoted extensive resources to other
departments including public relations, marketing, and executive salaries.
118.
Upon information and belief, BSA is a non-profit organization currently holding
25
more than $1 billion in assets.

119.
At the time of the abuse, contrary to Defendants claims, BSA also had extensive
resources.
120.
BSA had sufficient assets to devote towards cross-checking adult volunteers with
its list of ineligible volunteers but instead devoted those assets to Public Relations, Marketing,
and executive salaries.
121.
The aforementioned facts, including BSAs efforts to conceal the nature of the
problem through the efforts of its Public Relations department, rise to the level of willful and
malicious disregard for the safety of Scouts around the country including Plaintiffs.
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122.
The aforementioned facts, including BSAs failure to devote resources to
addressing the serious problem of childhood sexual abuse of Scouts, constitutes a reckless
indifferences for the safety of BSAs minor-members.
123.
The above-mentioned facts warrant an award of punitive damages against BSA.
ALLEGATIONS AGAINST CHICAGO AREA COUNCIL, BOY SCOUTS OF

AMERICA, INC. COMMON TO ALL DOE PLAINTIFFS
1.
Co-Defendant BOY SCOUTS OF AMERICA (hereinafter "BSA") is the largest
youth organization in the United States with approximately five million members. BSA was
chartered in 1910 by an act of Congress. An estimated 20% of American boys have had contact
with scouting either as members or by attending Scout functions.
2.
Throughout its one hundred and three year history, the BSA has consistently held
itself out to the public as a "moral and safe" environment for boys to participate in healthy
outdoor activities and to be given proper guidance and instruction. Millions of parents and scouts
have placed their trust in the BSA.
26
3.
Paradoxically, the BSA promotes the wholesomeness of its programs while
knowing that since the 1940s it has been secretly removing scoutmasters for child sexual abuse
at an alarming rate, which in the 1970s, reached an average of one every three days. Its own
records demonstrate that it has long known that Scouting attracts pedophiles in large numbers
and that scouts, far from being safe, are at heightened risk of sexual abuse by child molesters.
4.
Co-Defendant BSA is a congressionally chartered corporation, authorized to do
business in Illinois.
5.
Defendants CHICAGO AREA COUNCIL, INC. BOY SCOUTS OF AMERICA
and CHICAGO AREA COUNCIL, BOY SCOUTS OF AMERICA, INC. (hereinafter Chicago
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Area Council) is an Illinois not-for-profit corporation that organizes scouting events and maintains
Scouting troops in Cook County. The CHICAGO AREA COUNCIL headquarters is located in the
City of Chicago in Cook County, Illinois.
6.
Since approximately 1919, BOY SCOUTS OF AMERICA has maintained a
group of files known variously as the red files, perversion files, or ineligible volunteer files (IV
Files).
7.
The claimed purpose of the BOY SCOUTS OF AMERICAS maintenance of the
files is to keep sexual predators out of Scouting.

8.
Co-Defendant Thomas Hacker was first placed in the IV files in 1970.
Chicago Area Councils Notice of Hackers Predatory Tendencies.

9.
On July 7, 1961, authorities in Indianapolis, Indiana arrested Hacker for molesting
boys during a scout camp out.

10.
After this arrest, Hacker was removed as Scoutmaster of his troop in Indianapolis.
11.
Hacker subsequently joined another troop in Indianapolis.
27
12.
Hacker was either asked to leave that troop or resigned.
13.
Hacker joined a third troop in Indianapolis in October of 1968.
14.
Between October of 1968 and February 26, 1970, Hacker served as Scoutmaster
of his third troop in Indianapolis.

15.
On and prior to February 26, 1970, Thomas Hacker served as a Scoutmaster in a
troop affiliated with the Central Indiana Council of the BOY SCOUTS OF AMERICA.
16.
On February 26, 1970, Frank Chase, a Scout Executive with the Central Indiana
Council, notified BOY SCOUTS OF AMERICA that local authorities were conducting an
investigation into Thomas Hacker.
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17.
On February 26, 1970, Frank Chase wrote a letter to Earl Krall of the BOY
SCOUTS OF AMERICA.
18.
At the time of the letter, Earl Krall served as Director of Registration and
Fulfillment Services of BOY SCOUTS OF AMERICA.

19.
On March 18, 1970, Earl Krall acknowledged receipt of Frank Chases letter.
20.
On March 18, 1970, Earl Krall stated in response to Mr. Chases letter that we
have placed this information in our file and have taken steps to have these names deleted from
our records.
21.
On March 30, 1970, Indianapolis authorities arrested Hacker and charged him
with assault and battery with intent to gratify sexual desires.

22.
The March 30, 1970 arrest led to an investigation in Indianapolis, made part of the
public record, in which authorities identified 51 boys that were molested by Hacker.
28
23.
In the February 26, 1970 letter to Earl Krall, director of Registration &
Fulfillment Services with the Boy Scouts of America, Frank Chase stated that Hacker should
not be allowed to register with the Boy Scouts of America at any time or any place.
24.
In its March 18, 1970 response letter, BSA requested the Central Indiana Council
fill out and return confidential record sheets that would enable BOY SCOUTS OF AMERICA to
identify Mr. Hacker if he attempted to register in the future.
25.
The Central Indiana Council completed a Confidential Record Sheet on or
about June 8, 1970.

26.
The Central Indiana Council returned the Confidential Record Sheet to the
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27.
The Confidential Record Sheet indicates that Mr. Hacker was arrested for
homosexual activity with many boys both in Scouting and through the school in which he was
teaching.
28.
On June 8, 1970, Defendant BSA placed Hacker on the ineligible volunteer list
for his arrest for homosexual activity with many boys in Scouting and through the school in
which he was teaching.
29.
On June 15, 1970, in a letter to Frank Chase, BSAs Earl Krall acknowledged that
he placed Hackers information in the ineligible volunteer file.

30.
BSA knew that Hacker was a pedophile and predator that posed a threat to Scouts,
as of February 26, 1970.

31.
On October 18, 1971, Hacker was arrested for a third time for sexual misconduct.
32.
On or about October 18, 1971, Hacker was arrested in Cook County for taking
indecent liberties with a child.
29
33.
At the time of his October 18, 1971 arrest, Hacker was volunteering in a troop
associated with the Northwest Suburban Council of the Boy Scouts of America.
34.
On October 27, 1971, Arthur Allen, Scout Executive of the Northwest Suburban
Council of the Boy Scouts of America, wrote a letter to Paul Ernst.

35.
At the time the aforementioned letter was written, Paul Ernst was Director of
Registration and Membership of the Boy Scouts of America.

36.
Allens October 27, 1971 letter informed BOY SCOUTS OF AMERICA that
Hacker had been arrested and, at the time of his arrest, had re-registered with the BOY SCOUTS
OF AMERICA under a different name: Thomas Edwards.
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37.
The October 27, 1971 letter clarified that Thomas Hacker and Thomas Edwards
were the same person.

38.
Correspondence from Northwest Suburban Council of the Boy Scouts of America
to Boy Scouts of America stated that Mr. Hacker was arrested on charges of taking indecent
liberties with a child.
39.
Correspondence from Northwest Suburban Council of the BOY SCOUTS OF
AMERICA enclosed a newspaper clipping outlining the charges against Thomas Hacker.
40.
Correspondence also indicated that the Council learned that Mr. Hacker was
previously active in scouting in Central Indiana.

41.
On November 2, 1971, BSAs Paul Ernst acknowledged receipt of the letter from
Northwest Suburban Council of the BOY SCOUTS OF AMERICA and wrote back to the
Council.
42.
In his November 2, 1971 letter, BSAs Paul Ernst indicated that under no
circumstances do we want [Mr. Hacker] registered in Scouting.
30
43.
BSA was, again, warned of the dangers posed to children by Thomas Hacker via
the October 27, 1971 letter from the Northwest Suburban Council of the Boy Scouts of America.
44.
In addition to being deemed an Ineligible Volunteer, Thomas Hacker was also
discharged from Chicago Public Schools for molesting children in the late 1970s or early 1980s.
45.
Despite being in the ineligible volunteer files, despite being arrested three times
for child molestation, and despite being discharged from Chicago Public Schools for molesting a
child, Mr. Hacker became active in the CHICAGO AREA COUNCIL beginning in
approximately 1981 or 1982.
46.
In a short time after volunteering for the CHICAGO AREA COUNCILs troop
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1600, Hacker began acting as a merit badge counselor and later became the de facto scoutmaster
and committee chairman.
47.
CHICAGO AREA COUNCIL did not conduct a background check on Mr.
Hacker at the time he began volunteering with the CHICAGO AREA COUNCIL of the Boy
Scouts of America.
48.
CHICAGO AREA COUNCIL did not perform any due diligence in investigating
Hackers references, background, criminal history, or qualifications to work with children either
before or after he was formally listed as a committee member.
49.
If CHICAGO AREA COUNCIL had conducted a background check when Hacker
volunteered in the 1980s, the background check would have confirmed a felony conviction in
approximately 1970 on charges involving sexual abuse and/or assault of a child.
50.
Beginning in 1984, Hacker was registered with the CHICAGO AREA
COUNCIL.
31
51.
Through his position with the CHICAGO AREA COUNCIL, Mr. Hacker gained
access to many young boys and began molesting children within the Council.
52.
Mr. Hacker met and gained access to all of the Plaintiffs through Hackers role as
merit badge counselor, committee chairman and de facto scoutmaster with the CHICAGO
AREA COUNCIL.
53.
Defendant Hacker was, at various times material hereto, an employee, servant,
volunteer, agent and/or apparent agent of Defendant CHICAGO AREA COUNCIL.

54.
Between 1981 and 1988, Hacker routinely and repeatedly molested the Plaintiffs
during various scouting events, including campouts, trips, and troop meetings.
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55.
At all times relevant to this Complaint, CHICAGO AREA COUNCIL owned a
camp located in Twin Lake, Michigan, commonly known as Camp Owasippe or the
Owasippe Scout Reservation.
56.
Much of the molestation perpetrated by Hacker occurred at Camp Owasippe.
57.
In February of 1988, Thomas Hacker was arrested, charged and later convicted of
five counts of aggravated criminal sexual assault against three scouts.

58.
On April 15, 1988, The Illinois Department of Children and Family Services
informed the BOY SCOUTS OF AMERICA that at least 34 boys were victims of child abuse at
the hands of Thomas Hacker.
59.
BOY SCOUTS OF AMERICA made no effort to locate and identify Hackers
victims.
32
Chicago Area Councils Knowledge of Pedophiles in Scouting

60.
Prior to Mr. Hackers 1988 arrest, BSA and its local councils, including the
CHICAGO AREA COUNCIL, knew for decades that sexual predators of boys had infiltrated
scouting.
61.
The CHICAGO AREA COUNCIL knew or should have known the danger that
pedophiles presented to boy scouts and either knew or should have known the danger that
Hacker presented, but instead CHICAGO AREA COUNCIL ignored that danger and permitted
Hacker and other pedophiles in scouting to prey upon young boys, including Plaintiff.
62.
The CHICAGO AREA COUNCIL knew that BOY SCOUTS OF AMERICA
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maintained files known as the Ineligible Volunteer Files.

63.
The CHICAGO AREA COUNCIL likewise knew that BOY SCOUTS OF
AMERICA maintained the Ineligible Volunteer Files for the purpose of documenting childabusers and keeping said abusers out of Scouting.
64.
The CHICAGO AREA COUNCIL likewise knew that BOY SCOUTS OF
AMERICA had a problem preventing pedophiles and predators from infiltrating the ranks of the
Scouts.
65.
For those reasons, the CHICAGO AREA COUNCIL knew that any potential
employees, volunteers, adult leaders, agents, or Scoutmasters needed to be cross-checked and

vetted by BOY SCOUTS OF AMERICA to determine whether or not they were qualified to
work with youth.
66.
BSA's own internal "Ineligible Volunteer Files" records it collected and
maintained in secrecy for seventy years, reveal that Scouting is a pedophile "magnet" and that
33
removed pedophiles were often able to re-enter Scouting in other locations. These files were
maintained concerning paid executives as well as "volunteers."
67.
CHICAGO AREA COUNCIL was aware that Scouting attracted pedophiles and
that the distinct characteristics of Scouting render scouts particularly susceptible to pedophiles.
68.
BSAs Ineligible Volunteer Files contained a file for Mr. Hacker opened in
1970, yet the CHICAGO AREA COUNCIL permitted Mr. Hacker to register as a volunteer
and/or employee in the 1980s and, thereafter, participate as an active leader in Scouting.
69.
CHICAGO AREA COUNCIL knew or should have known that Scouting attracts
pedophiles, in part, because: a) Scouting provides the pedophile access to boys alone and away
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from their parents in secluded settings like camp-outs and overnight hikes; b) Scouting provides
opportunities for the pedophile to seduce a boy by getting him in situations where the boy has to
change clothing or spend the night with him; c) the pedophile scout leader can, depending on the
pedophile's age preference, volunteer for and be sure to have access only to boys of a certain age;
d) CHICAGO AREA COUNCIL and BSA conditions boys to the concept of strict obedience to
the Scout Leader, a bonding mechanism that pedophiles crave; e) CHICAGO AREA COUNCIL
and BSA promote the idea of secret ceremonies, rituals and loyalty oaths, all of which help
facilitate the pedophile's efforts to keep his victims silent and compliant; f) At the time of the
abuse, neither CHICAGO AREA COUNCIL nor BSA conducted a criminal background check on
Hacker.
Special Relationship
70.
CHICAGO AREA COUNCIL stands in a special, fiduciary relationship with
scouts, including the Plaintiffs.

71.
CHICAGO AREA COUNCIL promotes itself as a wholesome, moral
34
organization filled with wholesome, moral adult volunteers.

72.
Likewise, CHICAGO AREA COUNCIL promotes the ideals of its parent
organization, BSA.
73.
CHICAGO AREA COUNCIL encourages emotionally intimate relationships
between its youth and its youth leaders.

74.
Specifically, during the time frame in which the Plaintiffs were molested,
CHICAGO AREA COUNCIL encouraged adult leaders to counsel scouts in private.

75.
CHICAGO AREA COUNCIL required such counseling sessions in order for
scouts to advance in ranking.
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76.
Scouting literature, promoted, sold, and authored by CHICAGO AREA
COUNCIL, encourages Scouts to be loyal to their scout leaders and their Scoutmaster.
77.
CHICAGO AREA COUNCIL likewise encourages Scoutmasters to build
supportive, trusting relationship[s] with troop members.

78.
Hacker used the intimate relationship, encouraged, promoted, and fostered by
CHICAGO AREA COUNCIL, to gain the trust of the Plaintiffs and molest the Plaintiffs.
79.
As an organization promoting counseling of troops and loyalty to leaders,
CHICAGO AREA COUNCIL stood in a special and fiduciary relationship with the Plaintiffs.
80.
As an organization that knew boys would be loyal to their leaders, CHICAGO
AREA COUNCIL stood in a special and fiduciary relationship with the Plaintiffs.
COUNT IV JOHN DOE 2 v. BOY SCOUTS OF AMERICA NEGLIGENCE
1-123. Plaintiff reasserts and realleges paragraphs 1 through 123 of the section of this
Third Amended Complaint captioned Allegations Against Boy Scouts of America Common to
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count IV of this Third Amended Complaint at
35
Law.
124.
1970, yet he was able and permitted by BSA to register with the Chicago Area Council in the
1980s and was able to participate in Scouting.
125.
BSA knew or should have known that its "ineligible volunteers" system of
keeping track of pedophiles infiltrating its ranks and attempting to eliminate them did not
function as it was intended, was flawed, and in many cases ineffective. Despite that knowledge,
BSA did nothing to educate its Scouts and their parents of the ineffectiveness of the screening
and tracking system and process. BSA did nothing to educate or inform Scouts and their parents
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of the enormity of the pedophile problem, nor did BSA take action to correct its screening and/or
education system.
126.
At all times, Hacker was under certain direction, supervision and control of
Defendant BSA and was otherwise its employee, servant, volunteer, Scoutmaster, agent and/or
apparent agent.
127.
At all times, co-defendant Chicago Area Council was under the direction,
supervision, and control of Defendant BSA and was otherwise its servant, agent and/or apparent
agent.
128.
Hackers work and duties for defendants BSA and Chicago Area Council
included duties and activities in Cook County, Illinois.

129.
Prior to 1981, BSA ignored repeated warnings that Hacker was a pedophile.
130.
36
131.
and 1986.
132.
JOHN DOE 2 was a registered scout during the time frames of abuse outlined in
Paragraphs 130 and 131.

133.
Based upon BSAs knowledge of previous incidents involving pedophiles and its
knowledge and information regarding pedophiles within its organization, BSA could reasonably
foresee future incidents involving pedophile Scout leaders, volunteers, employees, agents, and/or
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apparent agents, including Hacker.

134.
Defendant BSA owed a duty to Plaintiff JOHN DOE 2 to prevent known child
molesters from serving as Scout leaders with access to children.

135.
Defendant, BSA was negligent in the manner that it screened, supervised, retained
as a volunteer, and allowed Hacker to register as an adult volunteer, when BSA knew or should
have known that Hacker posed a threat of sexual abuse to children, and was negligent in one or
more of the following ways:
a. Allowed Hacker to routinely be alone with Plaintiff JOHN DOE 2 for
hours;
b. Failed to conduct a background check on Hacker when he registered with
the Chicago Area Council;
c. Failed to timely adopt policies and procedures to protect children;
d. Failed to advise parents of statistical data available to BSA from the
Ineligible Volunteer Files;
e. Failed to advise parents that the Ineligible Volunteer File system of
ejection of paid executives and volunteers, as the primary method of
protecting Scouts from pedophiles, was ineffective;
37
f. Carelessly or negligently maintained, reviewed, and updated the Ineligible

Volunteer Files;
g. Carelessly or negligently warned and/or failed to warn parents of
information regarding adult Scoutmasters and their propensity to engage
in inappropriate behavior with Scouts;
h. Carelessly and/or negligently failed to communicate information regarding
Scoutmasters, employees, volunteers, agents, and/or apparent agents to its
operative branches throughout the United States;
i. Allowed Hacker to register with the Chicago Area Council despite his
history of child abuse and despite previously classifying him as an
ineligible volunteer;
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j. Allowed Hacker to continue in his position as merit badge counselor,

committee member, committee chairman, and de facto Scoutmaster;
k. Allowed Hacker to continue as a Scouting volunteer;
l. Failed to require its local councils to submit names of leaders, volunteers
and employees for cross-checking with the Ineligible Volunteer Files;
m. Upon learning of Thomas Hackers criminal acts from the Central Indiana
Council, failed to obtain sufficient information to properly document
Hacker within the Ineligible Volunteer Files and bar him from further
activities with Scouting;
n. Upon learning of Thomas Hackers criminal acts from the Northwest
Suburban Council of the BOY SCOUTS OF AMERICA, failed to obtain
sufficient information to properly document Hacker within the Ineligible
Volunteer Files and bar him from further activities with Scouting;
o. Failed to properly train local councils in the vetting and registering of
scout leaders;
p. Failed to inform local councils of the problem with pedophiles in
Scouting;
q. Hid the problem of pedophiles in scouting from local councils, parents,
scouts, and other scouting leaders;
r. Failed to train troops and sponsoring organizations in the vetting and
registering of scout leaders;
38
s. Failed to require troops and sponsoring organizations to register local

leaders;
t. Failed to inform local councils of the IV Files, the existence of child
molesters within the IV Files, and the importance of registering leaders so
that they could be cross checked against the IV Files;
u. Failed to inform sponsoring organizations of the IV Files, the existence of
child molesters within the IV Files, and the importance of registering
leaders so that they could be cross checked against the IV Files;
v. Failed to implement procedures to guard against pedophiles changing their
names and successfully re-registering in Scouting;
w. Failed to check multiple registers against the IV Files;
x. Failed to check re-registers against the IV Files;
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y. Failed to inform local councils and local troops that they should forward
the names of multiple registers and re-registers to BSA for crosschecking against the IV Files;
z. Failed to supervise Hacker when Hacker was with children;
aa. Voluntarily undertook to protect scouts from child molesters but did so in
a negligent fashion;
bb. Voluntarily undertook to vet and screen volunteers but did so in a
negligent fashion;
cc. Voluntarily undertook to maintain a list of pedophiles and to prevent those
pedophiles from re-entering scouting but did so in a negligent fashion;
dd. Was otherwise careless and/or negligent.
136.
As a direct and proximate result of the aforementioned actions by the Defendant,
Plaintiff JOHN DOE 2 has suffered permanent injuries of a personal and pecuniary nature, and
has been psychologically damaged and continues to be damaged psychologically and to
137.
Plaintiff JOHN DOE 2 has suffered and will continue to suffer physical and emotional pain and
39
dysfunction, and both economic and non-economic damages in an amount to be proved at trial.
Repressed Memory
138.
Because this abuse began when Plaintiff JOHN DOE 2 was a minor, Plaintiff
JOHN DOE 2 has repressed the memories of this abuse.

139.
became widely publicized that Plaintiff JOHN DOE 2 discovered that he were repressing the
memories of abuse, discovered his injuries, and became aware of his cause of action against
Defendants.
140.
Plaintiff JOHN DOE 2 therefore did not discover that BSA acted negligently until
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October of 2012.
141.
Likewise, the nature of the injuries mental and emotional damages caused by
sexual abuse at a young age are such that said injuries are not discovered until later in life.
142.
In this instance, the Plaintiff JOHN DOE 2 did not discover his injuries until
October of 2012.
143.
The nature of childhood sexual abuse makes disclosure of abuse less likely and
more difficult. It is an event over which most survivors feel great embarrassment, shame, and
guilt.
144.
Feeling responsible for your own abuse is a common reaction of abuse survivors
and can serve as a protective factor. The social and psychological effects themselves carry
shame, embarrassment, and often occupy the attention and resources of the survivor.
145.
These serve to prevent disclosure and many function to protect the survivor from
full awareness of the impact of the experience of abuse that happened many years previous in
their childhood.
40
146.
Most sexual abuse takes place in the context of an ongoing relationship between
victim and offender where many or even most aspects of the relationship are viewed as positive
to the victim.
147.
Most, but not all, offenders engage children in a "grooming process" whereby the
child is gradually but systematically conditioned into sexual contact; is bribed, threatened or
manipulated into not disclosing the abuse; and is made to feel a participant in his/her own abuse.
148.
Far from being an impulsive act by offenders, sexual abuse of children is most
typically undertaken by individuals who have long histories of practicing their predilections and
identify vulnerable children; take efforts to use their authority, position or relationship with
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adults who would otherwise protect children to lull the adults into believing that their children
are safe with the offender; and by using their position, authority and the relationship with the
child to gain sexual access to the child and maintain secrecy.
149.
People often blame themselves for their personal problems (e.g. health related risk
behaviors such as drinking or risky sexual behaviors) and do not easily make a connection
between a current problem and some event in the past which they have spent years trying to
forget.
150.
The characteristics of the childhood sexual abuse, outlined above, delayed
Plaintiff JOHN DOE 2 from discovering his cause of action and prevented Plaintiff JOHN DOE
2 from discovering his cause of action until October of 2012.
WHEREFORE, Plaintiff JOHN DOE 2, by and through Plaintiffs attorneys, HURLEY
McKENNA & MERTZ prays for both punitive and compensatory damages against defendant
BOY SCOUTS OF AMERICA in a sum in excess of $50,000.00, plus the costs of suit, and all
other relief permitted by law.
41
COUNT V JOHN DOE 2 v. BOY SCOUTS OF AMERICA FRAUDULENT

CONCEALMENT OF CLAIMS
1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count IV of this Third
Amended Complaint as and for Paragraphs 1-137 of Count V of this Third Amended Complaint at
Law.
138.
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139.
and 1986.
140.
After Hacker molested the JOHN DOE 2, BSA hid its culpability by both making
affirmative misrepresentations and by standing by, purposefully silent.

141.
BSA hid its culpability by allowing its local council the Chicago Area Council
of the Boy Scouts of America to make statements BSA knew were false.
142.
Because of the special relationship between BSA and the Plaintiff, BSA owed a
duty to JOHN DOE 2 to disclose to JOHN DOE 2 the truth about how Hacker was able to reenter scouting after having been barred and placed in the IV files repeatedly.
143.
Because of the fiduciary relationship between BSA and JOHN DOE 2, BSA owed
a duty to JOHN DOE 2 to disclose to JOHN DOE 2 its longstanding notice of the pedophilia
problem in scouting.
144.
Because of the fiduciary relationship between BSA and the JOHN DOE 2, BSA
owed a duty to JOHN DOE 2 to disclose the fact that Hacker had previously been placed in the
42
IV Files, but made his way back into Scouting.

145.
a duty to JOHN DOE 2 to disclose the fact that its IV Files were not sufficient to prevent sexual
predators from entering scouting.
146.
At all times relevant to this Complaint, BSA failed to disclose the truth about
Hackers prior history with the scouts to JOHN DOE 2 and therefore breached its fiduciary duty
to JOHN DOE 2.
147.
At all times relevant to this Complaint, instead of disclosing the truth, BSA hid
and covered up its liability by making numerous statements downplaying the problem of child
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molestation in Scouting.
148.
The BOY SCOUTS OF AMERICA, through its employees, scout executives,
scout leaders, agents, officials, attorneys, and members of the Registration Department, had
actual knowledge that Hacker was a predator and pedophile, beginning in approximately March
of 1970, through and including the present.
149.
actual or constructive knowledge that Hacker sexually molested JOHN DOE 2 and other children
throughout the 1980s.
150.
The BOY SCOUTS OF AMERICA hid this knowledge from its scouts and
parents of scouts, including JOHN DOE 2 and his parents, from the time of the assaults up to and
including the present.
151.
After the BOY SCOUTS OF AMERICA learned that Thomas Hacker molested
Chicago Area Council scouts, the BOY SCOUTS OF AMERICA concealed the fact, in the
43
1970s, it had previously identified Hacker as child molester and/or abuser but still allowed him
to register with the Chicago Area Council.
152.
Ken Walters, a director of finance and support services for Chicago Area Council
of the BOY SCOUTS OF AMERICA, actively concealed the fact that Thomas Hackers name
was found within the Ineligible Volunteer Files long before the assaults that began in the early
1980s.
153.
Ken Walters was quoted in the Chicago Tribune as stating that Obviously hes
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(referring to Thomas Hacker) not on that systemit would have come up.
154.
BSA stood by silently, never correcting Walters misrepresentation.
155.
Likewise, Barclay Bollas, a spokesman for the BOY SCOUTS OF AMERICA,
actively concealed the fact that Thomas Hackers name was found within the Ineligible
Volunteer Files long before the assaults that began in the early 1980s.
156.
In response to an inquiry after Hackers arrest, as to whether Thomas Hacker was
found within the Ineligible Volunteer Files, Barclay Bollas stated we consider that list
confidential.
157.
BSA internal memorandum within BSAs possession indicated that, at the time of
his arrest, Hackers primary role was that of Scoutmaster.

158.
Yet, immediately after his arrest and after doing no thorough investigation of how
Hacker re-entered scouts or his role with Troop 1600, BSA and the Chicago Area Council
represented in public that Hacker was not a scoutmaster.
159.
In the years following Hackers arrest, BSA continued to downplay the problem
of sexual predators in scouting.
44
160.
For example, Lea Sneath, national spokesman for BSA claimed that until
[pedophiles] get caught, there is virtually no way to identify them.

161.
In fact, BSA had already identified Hacker as a pedophile, but let him back into
Scouting.
162.
In 1993, again, national spokesman for BSA Blake Lewis claimed that there
were no significant problems inside the Boy Scouts before 1985.

163.
In each of the years between at least 1971 and the date of the filing of this
complaint, the BOY SCOUTS OF AMERICA has misrepresented and under-reported the true
nature and number of predatory and pedophile scout leaders that have served BOY SCOUTS OF
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AMERICA and its local councils.

164.
The BOY SCOUTS OF AMERICA has had and presently do have a financial
incentive to misrepresent and hide the true nature and scope of this problem of predatory and
pedophile leaders, more particularly described below.
165.
For years, BOY SCOUTS OF AMERICA have carefully protected the Ineligible
Volunteer Files and repeatedly tried to prevent lawyers representing victims from obtaining and
accessing those files.
166.
Defendant BOY SCOUTS OF AMERICA actively misrepresented and concealed
the fact that Thomas Hacker was a known pedophile at the time of his registration with the
Chicago Area Council.
167.
BSA fraudulently concealed its culpability for the molestation of JOHN DOE 2
by:
a.
Claiming that Hacker was not in the files.
b.
Engaging in a media campaign to downplay Hackers role as Scoutmaster;
45
c.
Engaging in a media campaign to downplay the problem of pedophilia in

Scouting;
d.
Failing to disclose the existence of Hackers ineligible volunteer file to the

abused children and their parents;
e.
Failing to disclose to the abused children and their parents, including

JOHN DOE 2 and his parents, the fact that on two prior occasions, BSA
had placed Hacker in the ineligible volunteer files;
f.
Settling claims of other scouts for confidential sums and making said
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settlements subject to confidentiality provisions;

g.
Failing to disclose the magnitude of the pedophile problem in scouting;
h.
Failing to disclose to parents the problems of pedophiles infiltrating

scouting;
i.
168.
Failing to disclose their negligence to the abused children.
If Defendant and its agents had not misrepresented or concealed the true nature of
predatory and pedophile leaders in BOY SCOUTS OF AMERICA and had not specifically
concealed their knowledge of Hacker, JOHN DOE 2 would have discovered earlier, and within
the limitation period (whatever that may be held to in this case); and therefore Plaintiff JOHN
DOE 2 would have filed his cause of action (a) before his 18th birthday; and (b) in less than 2
years after of his 18th birthdays; or (c) earlier than he did and within any applicable Discovery
Rule.
169.
Because of the Defendants misrepresentation and concealment, JOHN DOE 2 (a)
was unaware of his claim when he turned 18; (b) did not know the BOY SCOUTS OF
AMERICA had done something wrong at any time, and because of the misrepresentation and
46
concealment of the BOY SCOUTS OF AMERICA, was otherwise not aware of his injuries or
the cause of his injuries.
Separate Injury Caused by Fraudulent Concealment
170.
In addition to any injuries caused by the childhood sexual abuse, the fraudulent
concealment by the BSA proximately caused separate and distinct injuries to JOHN DOE 2.
171.
By fraudulently concealing its liability, BSA prevented the JOHN DOE 2 from
receiving the mental health care he needed in order to recover from the abuse.
172.
By fraudulently concealing its liability, BSA caused further mental injuries or
exacerbated the mental injuries stemming from the childhood sexual abuse.
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173.
By fraudulently concealing its liability, BSA caused further emotional damages or
exacerbated the emotional damages that stemmed from the childhood sexual abuse.
174.
By fraudulently concealing its liability, BSAs silence caused the JOHN DOE 2 to
withhold disclosing his abuse to friends and family and prevented JOHN DOE 2 from leading a
healthy life.
175.
By fraudulently concealing its liability, BSA caused the Plaintiffs, including
JOHN DOE 2, to shoulder all of the guilt and shame associated with Hackers molestation.
176.
By fraudulently concealing its liability, BSA increased the risk of harm to JOHN
DOE 2 from abuse.

177.
The fraudulent concealment of the BSA caused a lost chance of JOHN DOE 2 to
mitigate his damages from abuse.

178.
The fraudulent concealment by BSA caused additional further suffering by the
JOHN DOE 2.
179.
The fraudulent concealment by BSA prevented JOHN DOE 2 from getting the
47
mental health care required and, in the absence of said care, JOHN DOE 2 engaged in dangerous
behaviors.
180.
Had BSA promptly disclosed its liability, rather than covered-up its liability,
JOHN DOE 2 would not have suffered problems with shame, depression, inability to have
normal relationship and inability to trust.
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COUNT VI JOHN DOE 2 v. BOY SCOUTS OF AMERICA EQUITABLE ESTOPPEL

1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count V of the Third
Amended Complaint at Law as and for Paragraphs 1-169 of Count VI of this Third Amended
Complaint at Law.
170.
As more particularly described in Paragraphs 146 167, including in
subparagraphs (a)-(i) of Paragraph 167, BOY SCOUTS OF AMERICA misrepresented and

concealed material facts about the true nature of predatory and pedophile leaders within the BOY
SCOUTS OF AMERICA.
171.
BOY SCOUTS OF AMERICA knew at the time the representations were made,
and when the concealment occurred, that they were untrue.

172.
At no time did Plaintiff JOHN DOE 2 know that the representations made by the
BOY SCOUTS OF AMERICA were untrue.
48
173.
The BOY SCOUTS OF AMERICA intended and expected the representation to
be acted upon by Plaintiff JOHN DOE 2 and his parents and by other victims of sexual abuse by
a scout leader.
174.
BOY SCOUTS OF AMERICA intended Plaintiff JOHN DOE 2 and his parents to
act upon the misrepresentation because it had financial incentive to induce Plaintiff and his
parents to rely upon the misrepresentation.
175.
Specifically, if the BOY SCOUTS OF AMERICA were to disclose the true extent
of predatory pedophile leaders as described above, collected in the Ineligible Volunteer Files, the
membership in BOY SCOUTS OF AMERICA would drop substantially and the fees collected
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from said membership would significantly diminish.

176.
Similarly, given the BOY SCOUTS OF AMERICA specific knowledge that
Hacker posed a threat to Scouts but was allowed to participate in Scouting, any disclosure of that
information at the time of the 1988 arrest would likely have subjected BOY SCOUTS OF
AMERICA to substantial liability.
177.
Accordingly, instead of disclosing said information and knowledge to parents,
following Hackers arrest, BOY SCOUTS OF AMERICA concealed and hid the information and
made the misrepresentation outlined in Paragraphs 146-167.
178.
Plaintiff JOHN DOE 2 and his parents reasonably relied upon the representations
of the BOY SCOUTS OF AMERICA in good faith and to their detriment.

179.
Specifically, before, during and after 1983 and 1986, Plaintiff JOHN DOE 2 and
his parents detrimentally relied on the false statements and non-disclosures of the BOY SCOUTS
OF AMERICA about predatory and pedophile leaders, including Hacker, serving the BOY
SCOUTS OF AMERICA and Chicago Area Council.
49
180.
If the parents of Plaintiff JOHN DOE 2 were informed by Defendant prior to or
around 1988 that the BOY SCOUTS OF AMERICA knew or reasonably should have known at
that time about pedophile leaders working or volunteering for and/or on behalf of the Defendant,
they would not have permitted Plaintiff JOHN DOE 2, their then minor son, to join or participate
in the BOY SCOUTS OF AMERICA.
181.
At no time before the disclosure of the Ineligible Volunteer Files in October of
2012, did Plaintiff JOHN DOE 2 know, nor reasonably should have known that he was injured in
any way, or that he had been the victims of any wrongful conduct on the part of Defendant BOY
SCOUTS OF AMERICA.
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182.
Plaintiff JOHN DOE 2 has been prejudiced by his reliance on the representations
of the BOY SCOUTS OF AMERICA and fraudulent misrepresentation of the BOY SCOUTS
OF AMERICA described above.
183.
As a result, the BOY SCOUTS OF AMERICA should be equitably estopped from
asserting any statute of limitation defense.

WHEREFORE, Plaintiff JOHN DOE 2 by and through Plaintiffs attorneys, HURLEY
McKENNA & MERTZ, prays for both punitive and compensatory damages against Defendant
COUNT VII JOHN DOE 2 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
AMERICA, INC. NEGLIGENCE
Complaint captioned Allegations Against Chicago Area Council, Boy Scouts of America
50
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count VII of this Third Amended
Complaint at Law.
81.
Defendant CHICAGO AREA COUNCIL and was otherwise its employee, servant, volunteer,
Scoutmaster, agent and/or apparent agent.
82.
Hackers work and duties for defendants CHICAGO AREA COUNCIL included
duties and activities in Cook County, Illinois.

83.
Prior to 1981 and through 1988, CHICAGO AREA COUNCIL ignored repeated
warnings that Hacker was a pedophile.
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84.
Using the power, authority, and trust of his positions as a CHICAGO AREA
COUNCIL leader and availing himself of Defendants' representations to parents and scouts that
the CHICAGO AREA COUNCIL was a moral and safe place for boys, Hacker enticed, induced,
directed, coerced, and forced JOHN DOE 2 to engage in deviant sexual acts with him between
1983 and 1986.
85.
and 1986.
86.
paragraphs 84 and 85.

87.
Based upon CHICAGO AREA COUNCILs knowledge of previous incidents
involving pedophiles and its knowledge and information regarding pedophiles within its
organization and within scouting generally, CHICAGO AREA COUNCIL could reasonably
51
88.
Defendant CHICAGO AREA COUNCIL owed a duty to Plaintiff JOHN DOE 2
to prevent known child molesters from serving as Scout leaders with access to children.
89.
Defendant, CHICAGO AREA COUNCIL was negligent in the manner that it
screened, supervised, retained as a volunteer, and allowed Hacker to register as an adult

volunteer, when CHICAGO AREA COUNCIL knew or should have known that Hacker posed a
threat of sexual abuse to children, and was negligent in one or more of the following ways:
hours;
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d. Failed to advise parents of statistical data available to CHICAGO AREA
COUNCIL from the Ineligible Volunteer Files;
f. Carelessly or negligently warned and/or failed to warn parents of
g. Carelessly and/or negligently failed to communicate information regarding
Hacker to BSAs national office;
h. Allowed Hacker to register with the Chicago Area Council despite his
history of child abuse and despite his previously being classified as an
i. Allowed Hacker to continue in his position as merit badge counselor ,
j. Allowed Hacker to continue as a Scouting volunteer;
k. Failed to submit names of leaders, volunteers and employees for crosschecking with the Ineligible Volunteer Files;
52
l. Failed to properly train local troops and sponsoring organizations in the

vetting and registering of scout leaders;
m. Failed to inform local troops and sponsoring organizations of the problem
with pedophiles in Scouting;
n. Hid the problem of pedophiles in scouting from parents, scouts, and other
scouting leaders;
o. Failed to require troops and sponsoring organizations to register local
leaders;
p. Failed to implement procedures to guard against pedophiles changing their
q. Failed to check multiple registers against the IV Files;
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r. Failed to check re-registers against the IV Files;

s. Failed to inform local troops that they should forward the names of
multiple registers and re-registers to CHICAGO AREA COUNCIL
and/or BSA for cross-checking against the IV Files;
t. Failed to supervise Hacker when Hacker was with children;
u. Voluntarily undertook to protect scouts from child molesters but did so in
v. Voluntarily undertook to vet and screen volunteers but did so in a
negligent fashion;
w. Voluntarily undertook to maintain a list of pedophiles and to prevent those
x. Failed to put in place safeguards to prevent child abuse from occurring at
its camps, including Camp Owassipe;
y. Allowed Hacker to be alone with Plaintiff for hours at Camp Owassipe
with no further supervision;
z.
90.
Was otherwise careless and/or negligent.
53
have been psychologically damaged and continues to be damaged psychologically and to

91.
Repressed memory
92.
Because this abuse began when Plaintiff was a minor, Plaintiff has suppressed the
memories of this abuse.

93.
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became widely publicized that Plaintiff JOHN DOE 2 discovered that he was repressing the
Defendants.
94.
October of 2012.
95.
sexual abuse at a young age is such that said injuries are not discovered until later in life.
96.
October of 2012.
97.
guilt.
54
98.
99.
their childhood.
100.
to the victim.
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101.
102.
103.
forget.
55
104.
The characteristics of childhood sexual abuse, outlined above, delayed Plaintiff
JOHN DOE 2 from discovering his cause of action until October of 2012.
COUNT VIII JOHN DOE 2 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
AMERICA, INC. FRAUDULENT CONCEALMENT OF CLAIMS
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count VII of the section
of this Third Amended Complaint as and for Paragraphs 1-91 of Count VIII of this Third Amended
Complaint at Law.
92.
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the BSA and the CHICAGO AREA COUNCIL was a moral and safe place for boys, Hacker
enticed, induced, directed, coerced, and forced JOHN DOE 2 to engage in deviant sexual acts
with him between 1983 and 1986.
93.
and 1986.
94.
After Hacker molested Plaintiff JOHN DOE 2, CHICAGO AREA COUNCIL hid
its culpability by both making affirmative misrepresentations and by standing by, purposefully
silent.
95.
Because of the special relationship between CHICAGO AREA COUNCIL and
the Plaintiff, JOHN DOE 2, CHICAGO AREA COUNCIL owed a duty to Plaintiff JOHN DOE
2 to disclose to Plaintiff JOHN DOE 2 the truth about how Hacker was able to re-enter scouting
after having been barred and placed in the IV files repeatedly.
96.
Because of the fiduciary relationship between CHICAGO AREA COUNCIL and
the Plaintiff JOHN DOE 2, CHICAGO AREA COUNCIL owed a duty to Plaintiff JOHN DOE 2
to disclose to Plaintiff JOHN DOE 2 its longstanding notice of the pedophilia problem in
56
scouting.
97.
to disclose the fact that Hacker had previously been placed in the IV Files, but made his way
back into Scouting.
98.
to disclose the fact that its IV Files were not sufficient to prevent sexual predators from entering
scouting.
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99.
At all times relevant to this Complaint, CHICAGO AREA COUNCIL failed to
disclose the truth about Hackers prior history with the scouts to Plaintiff JOHN DOE 2 and
therefore breached its fiduciary duty to Plaintiff JOHN DOE 2.
100.
At all times relevant to this Complaint, instead of disclosing the truth, CHICAGO
AREA COUNCIL hid and covered up its liability by making numerous statements downplaying
the problem of child molestation in Scouting.
101.
The CHICAGO AREA COUNCIL, through its employees, scout executives,
102.
actual or constructive knowledge that Hacker sexually molested Plaintiffs and other children in
the mid-1980s.
57
103.
The CHICAGO AREA COUNCIL hid this knowledge from its scouts and parents
of scouts, including Plaintiff JOHN DOE 2 and his parents, from the time of the assaults up to
and including the present.
104.
After the CHICAGO AREA COUNCIL learned that Thomas Hacker molested its
scouts, the CHICAGO AREA COUNCIL concealed the fact, that in the 1970s, other councils
and BSA had previously identified Hacker as child molester and/or abuser.
105.
Ken Walters, a director of finance and support services for CHICAGO AREA
COUNCIL, actively concealed the fact that Thomas Hackers name was found within the
Ineligible Volunteer Files long before the assaults that began in the mid-1980s.
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106.
107.
Co-Defendant BSA stood by silently, never correcting Walters
misrepresentation.
108.
Volunteer Files long before the assaults that began in the mid-1980s.
109.
confidential.
110.
BSA internal memorandum and communications with CHICAGO AREA
COUNCIL indicated that, at the time of his arrest, Hackers primary role was that of
Scoutmaster.
58
111.
Hacker re-entered scouts or his role with Troop 1600, BSA and the CHICAGO AREA
COUNCIL represented in public that Hacker was not a scoutmaster.
112.
complaint, the BOY SCOUTS OF AMERICA and CHICAGO AREA COUNCIL has
misrepresented and under-reported the true nature and number of predatory and pedophile scout
leaders that have served BOY SCOUTS OF AMERICA and its local councils.
113.
The BOY SCOUTS OF AMERICA and CHICAGO AREA COUNCIL have had
and presently do have a financial incentive to misrepresent and hide the true nature and scope of
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this problem of predatory and pedophile leaders, more particularly described below.
114.
115.
Defendant CHICAGO AREA COUNCIL actively misrepresented and concealed
116.
CHICAGO AREA COUNCIL fraudulently concealed its culpability by:

a.
b.
c.

Scouting;
d.

59
e.
Failing to disclose to the abused children and their parents the fact that on
two prior occasions, BSA had placed Hacker in the ineligible volunteer
files;
f.
g.
h.

scouting;
i.
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117.
predatory and pedophile leaders in scouting and had not specifically concealed their knowledge
of Hacker, Plaintiff JOHN DOE 2 would have discovered earlier, and within the limitation
period (whatever that may be held to in this case); and therefore Plaintiff JOHN DOE 2 would
have filed his cause of action (a) before his 18th birthday; and (b) in less than 2 years after of his
18th birthday; or (c) earlier than he did and within any applicable Discovery Rule.
118.
Because of the Defendants misrepresentation and concealment, Plaintiff JOHN
DOE 2 (a) was unaware of his claim when he turned 18; (b) did not know the CHICAGO AREA
COUNCIL had done something wrong at any time, and because of the misrepresentation and
concealment of the CHICAGO AREA COUNCIL, was otherwise not aware of his injuries or the
cause of his injuries.
119.
concealment by the CHICAGO AREA COUNCIL proximately caused separate and distinct
60
injuries to Plaintiff JOHN DOE 2.

120.
By fraudulently concealing its liability, CHICAGO AREA COUNCIL prevented
JOHN DOE 2 from receiving the mental health care he needed in order to recover from the
abuse.
121.
By fraudulently concealing its liability, CHICAGO AREA COUNCIL caused
further mental injuries or exacerbated the mental injuries stemming from the childhood sexual
abuse.
122.
further emotional damages or exacerbated the emotional damages that stemmed from the
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childhood sexual abuse.

123.
By fraudulently concealing its liability, CHICAGO AREA COUNCILs silence
caused JOHN DOE 2 to withhold disclosing his abuse to friends and family and prevented JOHN
DOE 2 from leading a healthy life.
124.
By fraudulently concealing its liability, CHICAGO AREA COUNCIL caused the
boys, including JOHN DOE 2, to shoulder all of the guilt and shame associated with Hackers
molestation.
125.
By fraudulently concealing its liability CHICAGO AREA COUNCIL increased
the risk of harm to each plaintiff, including JOHN DOE 2, from abuse.
126.
The fraudulent concealment of the CHICAGO AREA COUNCIL caused a lost
chance of JOHN DOE 2 to mitigate his damages from abuse.

127.
The fraudulent concealment by CHICAGO AREA COUNCIL caused additional
further suffering by JOHN DOE 2.

128.
The fraudulent concealment by CHICAGO AREA COUNCIL prevented Plaintiff
61
JOHN DOE 2 from getting the mental health care required and, in the absence of said care,
JOHN DOE 2 engaged in dangerous behaviors.
129.
Had CHICAGO AREA COUNCIL promptly disclosed its liability, rather than
covered-up its liability, Plaintiff JOHN DOE 2 would not have suffered problems with shame,
depression, inability to have normal relationship and inability to trust.
130.
covered-up its liability, Plaintiff JOHN DOE 2 would not have engaged in dangerous behavior.
COUNT IX JOHN DOE 2 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
AMERICA, INC. EQUITABLE ESTOPPEL
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1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count VIII of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count IX of this Third
Amended Complaint at Law.
119.
As more particularly described in Paragraphs 99 116, including subparagraphs (a)
(i) of Paragraph 116, CHICAGO AREA COUNCIL misrepresented and concealed material facts
about the true nature of predatory and pedophile leaders within both BOY SCOUTS OF
AMERICA and CHICAGO AREA COUNCIL.
120.
CHICAGO AREA COUNCIL knew at the time the representations were made,

121.
At no time did Plaintiff know that the representations made by the CHICAGO
AREA COUNCIL were untrue.

122.
CHICAGO AREA COUNCIL intended and expected the representation to be
acted upon by Plaintiff and his parents and by other victims of sexual abuse by a scout leader.
62
123.
CHICAGO AREA COUNCIL intended Plaintiff and his parents to act upon the
misrepresentation because it had financial incentive to induce Plaintiff and his parents to rely
upon the misrepresentation.
124.
Specifically, if CHICAGO AREA COUNCIL were to disclose the true extent of
predatory pedophile leaders as described above, collected in the Ineligible Volunteer Files, the
membership in CHICAGO AREA COUNCIL would drop substantially and the fees collected
125.
Similarly, given CHICAGO AREA COUNCILs specific knowledge that Hacker
posed a threat to Scouts but was allowed to participate in Scouting, any disclosure of that
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information at the time of the 1988 arrest would likely have subjected CHICAGO AREA
COUNCIL to substantial liability.
126.
following Hackers arrest, CHICAGO AREA COUNCIL concealed and hid the information and
made the misrepresentations outlined in Paragraphs 99-116.
127.
of the CHICAGO AREA COUNCIL in good faith and to their detriment.

128.
his parents detrimentally relied on the false statements and non-disclosures of the CHICAGO
AREA COUNCIL about predatory and pedophile leaders, including Hacker, serving the
CHICAGO AREA COUNCIL and Boy Scouts of America.
129.
If the parents of Plaintiffs, including JOHN DOE 2, were informed by Defendant
prior to or around 1988 that the CHICAGO AREA COUNCIL knew or reasonably should have
known at that time about pedophile leaders working or volunteering for and/or on behalf of the
63
Defendant, they would not have permitted Plaintiff, their then minor son, to join or participate in
the CHICAGO AREA COUNCIL.
130.
any way, or that he had been the victim of any wrongful conduct on the part of Defendant
CHICAGO AREA COUNCIL.
131.
Plaintiff has been prejudiced by his reliance on the representations of the
CHICAGO AREA COUNCIL and fraudulent misrepresentations of the CHICAGO AREA

COUNCIL, described above.
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132.
As a result, the CHICAGO AREA COUNCIL should be equitably estopped from

McKENNA & MERTZ, pray for damages against Defendant CHICAGO AREA COUNCIL in a
sum in excess of $50,000.00, plus the costs of suit, and all other relief permitted by law.
COUNT X JOHN DOE 3 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count X of this Third Amended Complaint at
Law.
124.
64
125.
education system.
126.
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apparent agent.
127.
agent.
128.

129.
130.
131.
and 1986.
65
132.

133.
134.

135.
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hours;
Volunteer Files;
66

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scout leaders;
Scouting;
leaders;
67

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PAGE 69 of 502
negligent fashion;
136.
137.
Repressed Memory
138.

68
139.
Defendants.
140.
October of 2012.
141.
142.
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October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
69
147.
148.
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149.
forget.
150.
70
COUNT XI JOHN DOE 3 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count X of this Third
Amended Complaint as and for Paragraphs 1-137 of Count XI of this Third Amended Complaint at
Law.
138.
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139.
and 1986.
140.

141.
142.
143.
144.
71
145.
146.
to JOHN DOE 3.
147.
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148.
149.
150.
151.
72
152.
1980s.
153.
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154.
155.
156.
confidential.
157.

158.
159.
73
160.

161.
Scouting.
162.

163.
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164.
165.
166.
167.
by:
a.
b.
74
c.

Scouting;
d.

e.

f.
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g.
h.

scouting;
i.
168.
Rule.
169.
75
170.
171.
172.
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173.
174.
healthy life.
175.
176.
DOE 3 from abuse.

177.

178.
JOHN DOE 3.
179.
76
behaviors.
180.
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PAGE 78 of 502

COUNT XII JOHN DOE 3 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count XI of the Third
Amended Complaint at Law as and for Paragraphs 1-169 of Count XII of this Third Amended
Complaint at Law.
170.

SCOUTS OF AMERICA.
171.

172.
77
173.
a scout leader.
174.
175.
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176.
177.
178.

179.
78
180.
181.
SCOUTS OF AMERICA.
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182.
183.

COUNT XIII JOHN DOE 3 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
79
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count XIII of this Third Amended
Complaint at Law.
81.
82.

83.
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84.
1983 and 1986.
85.
and 1986.
86.

87.
80
88.
89.

hours;
5/28/2015 1:57 PM
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81

scouting leaders;
leaders;
5/28/2015 1:57 PM
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negligent fashion;
z.
90.
82

91.
Repressed memory
92.

93.
5/28/2015 1:57 PM
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Defendants.
94.
October of 2012.
95.
96.
October of 2012.
97.
guilt.
83
98.
99.
their childhood.
100.
to the victim.
5/28/2015 1:57 PM
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PAGE 85 of 502
101.
102.
103.
forget.
84
104.
COUNT XIV JOHN DOE 3 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count XIII of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count XIV of this Third
92.
5/28/2015 1:57 PM
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PAGE 86 of 502
93.
and 1986.
94.
silent.
95.
96.
85
scouting.
97.
back into Scouting.
98.
scouting.
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99.
100.
101.
102.
the mid-1980s.
86
103.
104.
105.
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106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
87
111.
112.
113.
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114.
115.
116.

a.
b.
c.

Scouting;
d.

88
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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117.
118.
119.
89

120.
abuse.
121.
abuse.
122.
5/28/2015 1:57 PM
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123.
124.
molestation.
125.
126.

127.

128.
90
129.
130.
COUNT XV JOHN DOE 3 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
5/28/2015 1:57 PM
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1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count XIV of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count XV of this Third
119.
120.

121.

122.
91
123.
124.
125.
5/28/2015 1:57 PM
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126.
127.

128.
129.
92
130.
131.

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132.

COUNT XVI JOHN DOE 4 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count XVI of this Third Amended Complaint
at Law.
124.
93
125.
education system.
126.
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apparent agent.
127.
agent.
128.

129.
130.
131.
and 1986.
94
132.

133.
134.

135.
5/28/2015 1:57 PM
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hours;
Volunteer Files;
95

5/28/2015 1:57 PM
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PAGE 97 of 502

scout leaders;
Scouting;
leaders;
96

5/28/2015 1:57 PM
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negligent fashion;
136.
137.
Repressed Memory
138.

97
139.
Defendants.
140.
October of 2012.
141.
142.
5/28/2015 1:57 PM
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October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
98
147.
148.
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PAGE 100 of 502
149.
forget.
150.
99
COUNT XVII JOHN DOE 4 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count XVI of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count XVII of this Third
138.
5/28/2015 1:57 PM
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139.
and 1986.
140.

141.
142.
143.
144.
100
145.
146.
to JOHN DOE 4.
147.
5/28/2015 1:57 PM
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PAGE 102 of 502
148.
149.
150.
151.
101
152.
1980s.
153.
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154.
155.
156.
confidential.
157.

158.
159.
102
160.

161.
Scouting.
162.

163.
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164.
165.
166.
167.
by:
a.
b.
103
c.

Scouting;
d.

e.

f.
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g.
h.

scouting;
i.
168.
Rule.
169.
104
170.
171.
172.
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173.
174.
healthy life.
175.
176.
DOE 4 from abuse.

177.

178.
JOHN DOE 4.
179.
105
behaviors.
180.
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PAGE 107 of 502

COUNT XVIII JOHN DOE 4 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count XVII of the
Third Amended Complaint at Law as and for Paragraphs 1-169 of Count XVIII of this Third
170.

SCOUTS OF AMERICA.
171.

172.
106
173.
a scout leader.
174.
175.
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176.
177.
178.

179.
107
180.
181.
SCOUTS OF AMERICA.
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182.
183.

COUNT XIX JOHN DOE 4 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
108
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count XIX of this Third Amended
Complaint at Law.
81.
82.

83.
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84.
1983 and 1986.
85.
and 1986.
86.

87.
109
88.
89.

hours;
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110

scouting leaders;
leaders;
5/28/2015 1:57 PM
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negligent fashion;
z.
90.
111

91.
Repressed memory
92.

93.
5/28/2015 1:57 PM
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PAGE 113 of 502
Defendants.
94.
October of 2012.
95.
96.
October of 2012.
97.
guilt.
112
98.
99.
their childhood.
100.
to the victim.
5/28/2015 1:57 PM
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101.
102.
103.
forget.
113
104.
COUNT XX JOHN DOE 4 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count XIX of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count XX of this Third
92.
5/28/2015 1:57 PM
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93.
and 1986.
94.
silent.
95.
96.
114
scouting.
97.
back into Scouting.
98.
scouting.
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99.
100.
101.
102.
the mid-1980s.
115
103.
104.
105.
5/28/2015 1:57 PM
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106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
116
111.
112.
113.
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114.
115.
116.

a.
b.
c.

Scouting;
d.

117
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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117.
118.
119.
118

120.
abuse.
121.
abuse.
122.
5/28/2015 1:57 PM
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123.
124.
molestation.
125.
126.

127.

128.
119
129.
130.
COUNT XXI JOHN DOE 4 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
5/28/2015 1:57 PM
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1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count XX of the Third
Amended Complaint at Law as and for Paragraphs 1-118 of Count XXI of this Third Amended
Complaint at Law.
119.
120.

121.

122.
120
123.
124.
125.
5/28/2015 1:57 PM
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126.
127.

128.
129.
121
130.
131.

5/28/2015 1:57 PM
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PAGE 123 of 502
132.

COUNT XXII JOHN DOE 6 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count XII of this Third Amended Complaint at
Law.
124.
122
125.
education system.
126.
5/28/2015 1:57 PM
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apparent agent.
127.
agent.
128.

129.
130.
131.
and 1986.
123
132.

133.
134.

135.
5/28/2015 1:57 PM
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hours;
Volunteer Files;
124

5/28/2015 1:57 PM
2012-L-013569
PAGE 126 of 502

scout leaders;
Scouting;
leaders;
125

5/28/2015 1:57 PM
2012-L-013569
PAGE 127 of 502
negligent fashion;
136.
137.
Repressed Memory
138.

126
139.
Defendants.
140.
October of 2012.
141.
142.
5/28/2015 1:57 PM
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October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
127
147.
148.
5/28/2015 1:57 PM
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PAGE 129 of 502
149.
forget.
150.
128
COUNT XXIII JOHN DOE 6 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count XXII of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count XIII of this Third
138.
5/28/2015 1:57 PM
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139.
and 1986.
140.

141.
142.
143.
144.
129
145.
146.
to JOHN DOE 6.
147.
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148.
149.
150.
151.
130
152.
1980s.
153.
5/28/2015 1:57 PM
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154.
155.
156.
confidential.
157.

158.
159.
131
160.

161.
Scouting.
162.

163.
5/28/2015 1:57 PM
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164.
165.
166.
167.
by:
a.
b.
132
c.

Scouting;
d.

e.

f.
5/28/2015 1:57 PM
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g.
h.

scouting;
i.
168.
Rule.
169.
133
170.
171.
172.
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173.
174.
healthy life.
175.
176.
DOE 6 from abuse.

177.

178.
JOHN DOE 6.
179.
134
behaviors.
180.
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COUNT XXIV JOHN DOE 6 v. BOY SCOUTS OF AMERICA EQUITABLE

ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count XIII of the
Third Amended Complaint at Law as and for Paragraphs 1-169 of Count XXIV of this Third
170.

SCOUTS OF AMERICA.
171.

172.
135
173.
a scout leader.
174.
175.
5/28/2015 1:57 PM
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176.
177.
178.

179.
136
180.
181.
SCOUTS OF AMERICA.
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182.
183.

COUNT XXV JOHN DOE 6 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
137
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count XXV of this Third Amended
Complaint at Law.
81.
82.

83.
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84.
1984 and 1986.
85.
and 1986.
86.

87.
138
88.
89.

hours;
5/28/2015 1:57 PM
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139

scouting leaders;
leaders;
5/28/2015 1:57 PM
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negligent fashion;
z.
90.
140

91.
Repressed memory
92.

93.
5/28/2015 1:57 PM
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Defendants.
94.
October of 2012.
95.
96.
October of 2012.
97.
guilt.
141
98.
99.
their childhood.
100.
to the victim.
5/28/2015 1:57 PM
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PAGE 143 of 502
101.
102.
103.
forget.
142
104.
COUNT XXVI JOHN DOE 6 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count XXV of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count XXVI of this Third
92.
5/28/2015 1:57 PM
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93.
and 1986.
94.
silent.
95.
96.
143
scouting.
97.
back into Scouting.
98.
scouting.
5/28/2015 1:57 PM
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99.
100.
101.
102.
the mid-1980s.
144
103.
104.
105.
5/28/2015 1:57 PM
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106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
145
111.
112.
113.
5/28/2015 1:57 PM
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PAGE 147 of 502
114.
115.
116.

a.
b.
c.

Scouting;
d.

146
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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117.
118.
119.
147

120.
abuse.
121.
abuse.
122.
5/28/2015 1:57 PM
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PAGE 149 of 502

123.
124.
molestation.
125.
126.

127.

128.
148
129.
130.
COUNT XXVII JOHN DOE 6 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
5/28/2015 1:57 PM
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1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count XXVI of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count XXVII of this Third
119.
120.

121.

122.
149
123.
124.
125.
5/28/2015 1:57 PM
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PAGE 151 of 502
126.
127.

128.
129.
150
130.
131.

5/28/2015 1:57 PM
2012-L-013569
PAGE 152 of 502
132.

COUNT XXVIII JOHN DOE 7 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count XXVIII of this Third Amended
Complaint at Law.
124.
151
125.
education system.
126.
5/28/2015 1:57 PM
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apparent agent.
127.
agent.
128.

129.
130.
131.
1981 and 1982.
152
132.

133.
134.

135.
5/28/2015 1:57 PM
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hours;
Volunteer Files;
153

5/28/2015 1:57 PM
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PAGE 155 of 502

scout leaders;
Scouting;
leaders;
154

5/28/2015 1:57 PM
2012-L-013569
PAGE 156 of 502
negligent fashion;
136.
137.
Repressed Memory
138.

155
139.
Defendants.
140.
October of 2012.
141.
142.
5/28/2015 1:57 PM
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October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
156
147.
148.
5/28/2015 1:57 PM
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149.
forget.
150.
157
COUNT XXIX JOHN DOE 7 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count XXVIII of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count XXIX of this
Third Amended Complaint at Law.
138.
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139.
1981 and 1982.

140.

141.
142.
143.
144.
158
145.
146.
to JOHN DOE 7.
147.
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148.
149.
150.
151.
159
152.
1980s.
153.
5/28/2015 1:57 PM
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154.
155.
156.
confidential.
157.

158.
159.
160
160.

161.
Scouting.
162.

163.
5/28/2015 1:57 PM
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164.
165.
166.
167.
by:
a.
b.
161
c.

Scouting;
d.

e.

f.
5/28/2015 1:57 PM
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g.
h.

scouting;
i.
168.
Rule.
169.
162
170.
171.
172.
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PAGE 164 of 502
173.
174.
healthy life.
175.
176.
DOE 7 from abuse.

177.

178.
JOHN DOE 7.
179.
163
behaviors.
180.
5/28/2015 1:57 PM
2012-L-013569
PAGE 165 of 502

COUNT XXX JOHN DOE 7 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count XXIX of the
Third Amended Complaint at Law as and for Paragraphs 1-169 of Count XXX of this Third
170.
As more particularly described in Paragraphs 146-167, including in subparagraphs
(a)-(i) of Paragraph 167, BOY SCOUTS OF AMERICA misrepresented and concealed material
facts about the true nature of predatory and pedophile leaders within the BOY SCOUTS OF
AMERICA.
171.

172.
164
173.
a scout leader.
174.
175.
5/28/2015 1:57 PM
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176.
177.
178.

179.
Specifically, before, during and after 1980 or 1981 and 1982, Plaintiff JOHN
DOE 7 and his parents detrimentally relied on the false statements and non-disclosures of the
BOY SCOUTS OF AMERICA about predatory and pedophile leaders, including Hacker, serving
the BOY SCOUTS OF AMERICA and Chicago Area Council.
165
180.
181.
SCOUTS OF AMERICA.
5/28/2015 1:57 PM
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182.
183.

COUNT XXXI JOHN DOE 7 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
166
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count XXXI of this Third Amended
Complaint at Law.
81.
82.

83.
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84.
1980 or 1981 and 1982.
85.
1981 and 1982.

86.

87.
167
88.
89.

hours;
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168

scouting leaders;
leaders;
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negligent fashion;
z.
90.
169

91.
Repressed memory
92.

93.
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Defendants.
94.
October of 2012.
95.
96.
October of 2012.
97.
guilt.
170
98.
99.
their childhood.
100.
to the victim.
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101.
102.
103.
forget.
171
104.
COUNT XXXII JOHN DOE 7 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count XXXI of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count XXXII of this Third
92.
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with him between 1980 or 1981 and 1982.
93.
1981 and 1982.

94.
silent.
95.
96.
172
scouting.
97.
back into Scouting.
98.
scouting.
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99.
100.
101.
102.
the mid-1980s.
173
103.
104.
105.
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106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
174
111.
112.
113.
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114.
115.
116.

a.
b.
c.

Scouting;
d.

175
e.
files;
f.
g.
h.

scouting;
i.
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117.
118.
119.
176

120.
abuse.
121.
abuse.
122.
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123.
124.
molestation.
125.
126.

127.

128.
177
129.
130.
COUNT XXXIII JOHN DOE 7 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
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1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count XXXIII of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count XLV of this Third
119.
120.

121.

122.
178
123.
124.
125.
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126.
127.

128.
Specifically, before, during and after 1980 or 1981 and 1982, Plaintiff JOHN
DOE 7 and his parents detrimentally relied on the false statements and non-disclosures of the
CHICAGO AREA COUNCIL about predatory and pedophile leaders, including Hacker, serving
the CHICAGO AREA COUNCIL and Boy Scouts of America.
129.
179
130.
131.

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132.

COUNT XXXIV JOHN DOE 8 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count XXXIV of this Third Amended
Complaint at Law.
124.
180
125.
education system.
126.
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apparent agent.
127.
agent.
128.

129.
130.
131.
and 1987.
181
132.

133.
134.

135.
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hours;
Volunteer Files;
182

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scout leaders;
Scouting;
leaders;
183

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negligent fashion;
136.
137.
Repressed Memory
138.

184
139.
Defendants.
140.
October of 2012.
141.
142.
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October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
185
147.
148.
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149.
forget.
150.
186
COUNT XXXV JOHN DOE 8 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count XXXIV of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count XXXV of this
138.
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139.
and 1987.
140.

141.
142.
143.
144.
187
145.
146.
to JOHN DOE 8.
147.
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148.
149.
150.
151.
188
152.
1980s.
153.
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154.
155.
156.
confidential.
157.

158.
159.
189
160.

161.
Scouting.
162.

163.
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164.
165.
166.
167.
by:
a.
b.
190
c.

Scouting;
d.

e.

f.
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g.
h.

scouting;
i.
168.
Rule.
169.
191
170.
171.
172.
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173.
174.
healthy life.
175.
176.
DOE 8 from abuse.

177.

178.
JOHN DOE 8.
179.
192
behaviors.
180.
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COUNT XXXVI JOHN DOE 8 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count XXXV of the
Third Amended Complaint at Law as and for Paragraphs 1-169 of Count XXXVI of this Third
170.
AMERICA.
171.

172.
193
173.
a scout leader.
174.
175.
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176.
177.
178.

179.
194
180.
181.
SCOUTS OF AMERICA.
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182.
183.

COUNT XXXVII JOHN DOE 8 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
195
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count XXXVII of this Third
81.
82.

83.
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84.
1986 and 1987.
85.
and 1987.
86.

87.
196
88.
89.

hours;
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197

scouting leaders;
leaders;
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negligent fashion;
z.
90.
198

91.
Repressed memory
92.

93.
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Defendants.
94.
October of 2012.
95.
96.
October of 2012.
97.
guilt.
199
98.
99.
their childhood.
100.
to the victim.
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101.
102.
103.
forget.
200
104.
COUNT XXXVIII JOHN DOE 8 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count XXXVII of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count XXXVIII of this
5/28/2015 1:57 PM
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92.
93.
and 1987.
94.
silent.
95.
201
96.
scouting.
97.
back into Scouting.
98.
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scouting.
99.
100.
101.
202
102.
the mid-1980s.
103.
104.
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105.
106.
107.
misrepresentation.
108.
109.
confidential.
203
110.
Scoutmaster.
111.
112.
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113.
114.
115.
116.

a.
b.
c.
204
Scouting;
d.

e.
files;
f.
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g.
h.

scouting;
i.
117.
118.
205

119.
120.
abuse.
121.
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abuse.
122.
123.
124.
molestation.
125.
126.
206
127.

128.
129.
130.
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COUNT XXXIX JOHN DOE 8 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count XXXVIII of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count XXXIX of this Third
119.
120.

207
121.

122.
123.
124.
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125.
126.
127.

128.
208
129.
130.
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131.

132.

COUNT XL JOHN DOE 9 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count XL of this Third Amended Complaint at
209
Law.
124.
125.
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education system.
126.
apparent agent.
127.
agent.
128.

129.
130.
210
131.
and 1987.
132.

133.
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134.

135.
hours;
211

Volunteer Files;
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scout leaders;
Scouting;
212

leaders;
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negligent fashion;
136.
137.
213
Repressed Memory
138.

139.
Defendants.
140.
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October of 2012.
141.
142.
October of 2012.
143.
guilt.
144.
145.
their childhood.
214
146.
to the victim.
147.
148.
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149.
forget.
150.
215
COUNT XLI JOHN DOE 9 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count XL of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count XLI of this Third
138.
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139.
and 1987.
140.

141.
142.
143.
144.
216
145.
146.
to JOHN DOE 9.
147.
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148.
149.
150.
151.
217
152.
1980s.
153.
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154.
155.
156.
confidential.
157.

158.
159.
218
160.

161.
Scouting.
162.

163.
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164.
165.
166.
167.
by:
a.
b.
219
c.

Scouting;
d.

e.

f.
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g.
h.

scouting;
i.
168.
Rule.
169.
220
170.
171.
172.
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173.
174.
healthy life.
175.
176.
DOE 9 from abuse.

177.

178.
JOHN DOE 9.
179.
221
behaviors.
180.
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COUNT XLII JOHN DOE 9 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count XLI of the Third
Amended Complaint at Law as and for Paragraphs 1-169 of Count XLII of this Third Amended
Complaint at Law.
170.
AMERICA.
171.

172.
222
173.
a scout leader.
174.
175.
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176.
177.
178.

179.
223
180.
181.
SCOUTS OF AMERICA.
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182.
183.

COUNT XLIII JOHN DOE 9 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
224
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count XLIII of this Third Amended
Complaint at Law.
81.
82.

83.
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84.
1983 and 1987.
85.
and 1987.
86.

87.
225
88.
89.

hours;
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226

scouting leaders;
leaders;
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negligent fashion;
z.
90.
227

91.
Repressed memory
92.

93.
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Defendants.
94.
October of 2012.
95.
96.
October of 2012.
97.
guilt.
228
98.
99.
their childhood.
100.
to the victim.
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101.
102.
103.
forget.
229
104.
COUNT XLIV JOHN DOE 9 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count XLIII of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count XLIV of this Third
92.
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93.
and 1987.
94.
silent.
95.
96.
230
scouting.
97.
back into Scouting.
98.
scouting.
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99.
100.
101.
102.
the mid-1980s.
231
103.
104.
105.
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106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
232
111.
112.
113.
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114.
115.
116.

a.
b.
c.

Scouting;
d.

233
e.
files;
f.
g.
h.

scouting;
i.
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117.
118.
119.
234

120.
abuse.
121.
abuse.
122.
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123.
124.
molestation.
125.
126.

127.

128.
235
129.
130.
COUNT XLV JOHN DOE 9 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
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1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count XLIV of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count XLV of this Third
119.
120.

121.

122.
236
123.
124.
125.
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126.
127.

128.
129.
237
130.
131.

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132.

COUNT XLVI JOHN DOE 10 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count XLVI of this Third Amended Complaint
at Law.
124.
238
125.
education system.
126.
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apparent agent.
127.
agent.
128.

129.
130.
131.
and 1987.
239
132.

133.
134.

135.
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hours;
Volunteer Files;
240

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scout leaders;
Scouting;
leaders;
241

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negligent fashion;
136.
137.
Repressed Memory
138.

242
139.
Defendants.
140.
Plaintiff JOHN DOE 10 therefore did not discover that BSA acted negligently
until October of 2012.

141.
142.
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October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
243
147.
148.
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149.
forget.
150.
244
COUNT XLVII JOHN DOE 10 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count XLVI of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count XLVII of this
138.
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139.
and 1987.
140.
After Hacker molested the JOHN DOE 10, BSA hid its culpability by both
making affirmative misrepresentations and by standing by, purposefully silent.

141.
142.
143.
Because of the fiduciary relationship between BSA and JOHN DOE 10, BSA
owed a duty to JOHN DOE 10 to disclose to JOHN DOE 10 its longstanding notice of the
pedophilia problem in scouting.
144.
245
145.
owed a duty to JOHN DOE 10 to disclose the fact that its IV Files were not sufficient to prevent
sexual predators from entering scouting.
146.
to JOHN DOE 10.
147.
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148.
149.
actual or constructive knowledge that Hacker sexually molested JOHN DOE 10 and other
children throughout the 1980s.
150.
parents of scouts, including JOHN DOE 10 and his parents, from the time of the assaults up to
151.
246
152.
1980s.
153.
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154.
155.
156.
confidential.
157.

158.
159.
247
160.

161.
Scouting.
162.

163.
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164.
165.
166.
167.
by:
a.
b.
248
c.

Scouting;
d.

e.

f.
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g.
h.

scouting;
i.
168.
Rule.
169.
Because of the Defendants misrepresentation and concealment, JOHN DOE 10
(a) was unaware of his claim when he turned 18; (b) did not know the BOY SCOUTS OF
249
170.
171.
172.
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173.
174.
By fraudulently concealing its liability, BSAs silence caused the JOHN DOE 10
to withhold disclosing his abuse to friends and family and prevented JOHN DOE 10 from
leading a healthy life.
175.
176.
DOE 10 from abuse.

177.

178.
JOHN DOE 10.

179.
250
mental health care required and, in the absence of said care, JOHN DOE 10 engaged in
dangerous behaviors.
180.
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COUNT XLVIII JOHN DOE 10 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count XLVII of the
Third Amended Complaint at Law as and for Paragraphs 1-169 of Count XLVIII of this Third
170.
AMERICA.
171.

172.
251
173.
be acted upon by Plaintiff JOHN DOE 10 and his parents and by other victims of sexual abuse
by a scout leader.
174.
BOY SCOUTS OF AMERICA intended Plaintiff JOHN DOE 10 and his parents
to act upon the misrepresentation because it had financial incentive to induce Plaintiff and his
175.
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176.
177.
178.
Plaintiff JOHN DOE 10 and his parents reasonably relied upon the
representations of the BOY SCOUTS OF AMERICA in good faith and to their detriment.
179.
252
180.
they would not have permitted Plaintiff JOHN DOE 10, their then minor son, to join or
participate in the BOY SCOUTS OF AMERICA.
181.
2012, did Plaintiff JOHN DOE 10 know, nor reasonably should have known that he was injured
in any way, or that he had been the victims of any wrongful conduct on the part of Defendant
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182.
183.

COUNT XLIX JOHN DOE 10 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
253
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count XLIX of this Third Amended
Complaint at Law.
81.
82.

83.
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84.
1984 and 1987.
85.
and 1987.
86.

87.
254
88.
89.

hours;
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255

scouting leaders;
leaders;
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negligent fashion;
z.
90.
256

91.
Repressed memory
92.

93.
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Defendants.
94.

95.
96.
October of 2012.
97.
guilt.
257
98.
99.
their childhood.
100.
to the victim.
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101.
102.
103.
forget.
258
104.
COUNT L JOHN DOE 10 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count XLIX of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count L of this Third
92.
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93.
and 1987.
94.
After Hacker molested Plaintiff JOHN DOE 10, CHICAGO AREA COUNCIL
hid its culpability by both making affirmative misrepresentations and by standing by,
purposefully silent.
95.
10 to disclose to Plaintiff JOHN DOE 10 the truth about how Hacker was able to re-enter
scouting after having been barred and placed in the IV files repeatedly.
96.
the Plaintiff JOHN DOE 10, CHICAGO AREA COUNCIL owed a duty to Plaintiff JOHN DOE
10 to disclose to Plaintiff JOHN DOE 10 its longstanding notice of the pedophilia problem in
259
scouting.
97.
10 to disclose the fact that Hacker had previously been placed in the IV Files, but made his way
back into Scouting.
98.
10 to disclose the fact that its IV Files were not sufficient to prevent sexual predators from
entering scouting.
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99.
100.
101.
102.
the mid-1980s.
260
103.
104.
105.
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106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
261
111.
112.
113.
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114.
115.
116.

a.
b.
c.

Scouting;
d.

262
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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117.
118.
DOE 10 (a) was unaware of his claim when he turned 18; (b) did not know the CHICAGO
AREA COUNCIL had done something wrong at any time, and because of the misrepresentation
and concealment of the CHICAGO AREA COUNCIL, was otherwise not aware of his injuries or
119.
263

120.
abuse.
121.
abuse.
122.
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123.
caused JOHN DOE 10 to withhold disclosing his abuse to friends and family and prevented
JOHN DOE 10 from leading a healthy life.
124.
molestation.
125.
126.

127.

128.
264
129.
130.
COUNT LI JOHN DOE 10 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
5/28/2015 1:57 PM
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1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count L of the Third
Amended Complaint at Law as and for Paragraphs 1-118 of Count LI of this Third Amended
Complaint at Law.
119.
120.

121.

122.
265
123.
124.
125.
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126.
127.
representations of the CHICAGO AREA COUNCIL in good faith and to their detriment.
128.
129.
266
130.
in any way, or that he had been the victim of any wrongful conduct on the part of Defendant
131.

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132.

COUNT LII JOHN DOE 11 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count LII of this Third Amended Complaint at
Law.
124.
267
125.
education system.
126.
5/28/2015 1:57 PM
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apparent agent.
127.
agent.
128.

129.
130.
131.
and 1983.
268
132.

133.
134.

135.
5/28/2015 1:57 PM
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hours;
Volunteer Files;
269

5/28/2015 1:57 PM
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PAGE 271 of 502

scout leaders;
Scouting;
leaders;
270

5/28/2015 1:57 PM
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negligent fashion;
136.
137.
Repressed Memory
138.

271
139.
Defendants.
140.

141.
142.
5/28/2015 1:57 PM
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October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
272
147.
148.
5/28/2015 1:57 PM
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PAGE 274 of 502
149.
forget.
150.
273
COUNT LIII JOHN DOE 11 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count LII of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count LIII of this Third
138.
5/28/2015 1:57 PM
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139.
and 1983.
140.

141.
142.
143.
144.
274
145.
146.
to JOHN DOE 11.
147.
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148.
149.
150.
151.
275
152.
1980s.
153.
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154.
155.
156.
confidential.
157.

158.
159.
276
160.

161.
Scouting.
162.

163.
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164.
165.
166.
167.
by:
a.
b.
277
c.

Scouting;
d.

e.

f.
5/28/2015 1:57 PM
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g.
h.

scouting;
i.
168.
Rule.
169.
278
170.
171.
172.
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173.
174.
175.
176.
DOE 11 from abuse.

177.

178.
JOHN DOE 11.

179.
279
180.
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PAGE 281 of 502

COUNT LIV JOHN DOE 11 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count LIII of the Third
Amended Complaint at Law as and for Paragraphs 1-169 of Count LIV of this Third Amended
Complaint at Law.
170.
AMERICA.
171.

172.
280
173.
by a scout leader.
174.
175.
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176.
177.
178.
179.
281
180.
181.
5/28/2015 1:57 PM
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PAGE 283 of 502
182.
183.

COUNT LV JOHN DOE 11 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
282
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count LV of this Third Amended
Complaint at Law.
81.
82.

83.
5/28/2015 1:57 PM
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84.
1981 and 1983.
85.
and 1983.
86.

87.
283
88.
89.

hours;
5/28/2015 1:57 PM
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284

scouting leaders;
leaders;
5/28/2015 1:57 PM
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negligent fashion;
z.
90.
285

91.
Repressed memory
92.

93.
5/28/2015 1:57 PM
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PAGE 287 of 502
Defendants.
94.

95.
96.
October of 2012.
97.
guilt.
286
98.
99.
their childhood.
100.
to the victim.
5/28/2015 1:57 PM
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101.
102.
103.
forget.
287
104.
COUNT LVI JOHN DOE 11 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count LV of the section
of this Third Amended Complaint as and for Paragraphs 1-91 of Count LVI of this Third Amended
Complaint at Law.
92.
5/28/2015 1:57 PM
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93.
and 1983.
94.
95.
96.
288
scouting.
97.
back into Scouting.
98.
entering scouting.
5/28/2015 1:57 PM
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99.
100.
101.
102.
the mid-1980s.
289
103.
104.
105.
5/28/2015 1:57 PM
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106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
290
111.
112.
113.
5/28/2015 1:57 PM
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PAGE 292 of 502
114.
115.
116.

a.
b.
c.

Scouting;
d.

291
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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117.
118.
119.
292

120.
abuse.
121.
abuse.
122.
5/28/2015 1:57 PM
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123.
124.
molestation.
125.
126.

127.

128.
293
129.
130.
COUNT LVII JOHN DOE 11 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
5/28/2015 1:57 PM
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1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count LVI of the Third
Amended Complaint at Law as and for Paragraphs 1-118 of Count LVII of this Third Amended
Complaint at Law.
119.
120.

121.

122.
294
123.
124.
125.
5/28/2015 1:57 PM
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126.
127.
128.
129.
295
130.
131.

5/28/2015 1:57 PM
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PAGE 297 of 502
132.

COUNT LVIII JOHN DOE 12 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count LVIII of this Third Amended Complaint
at Law.
124.
296
125.
education system.
126.
5/28/2015 1:57 PM
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apparent agent.
127.
agent.
128.

129.
130.
131.
and 1987.
297
132.

133.
134.

135.
5/28/2015 1:57 PM
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hours;
Volunteer Files;
298

5/28/2015 1:57 PM
2012-L-013569
PAGE 300 of 502

scout leaders;
Scouting;
leaders;
299

5/28/2015 1:57 PM
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PAGE 301 of 502
negligent fashion;
136.
137.
Repressed Memory
138.

300
139.
Defendants.
140.

141.
142.
5/28/2015 1:57 PM
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October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
301
147.
148.
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PAGE 303 of 502
149.
forget.
150.
302
COUNT LIX JOHN DOE 12 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count LVIII of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count LIX of this Third
138.
5/28/2015 1:57 PM
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139.
and 1987.
140.

141.
142.
143.
144.
303
145.
146.
to JOHN DOE 12.
147.
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PAGE 305 of 502
148.
149.
150.
151.
304
152.
1980s.
153.
5/28/2015 1:57 PM
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154.
155.
156.
confidential.
157.

158.
159.
305
160.

161.
Scouting.
162.

163.
5/28/2015 1:57 PM
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164.
165.
166.
167.
by:
a.
b.
306
c.

Scouting;
d.

e.

f.
5/28/2015 1:57 PM
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g.
h.

scouting;
i.
168.
Rule.
169.
307
170.
171.
172.
5/28/2015 1:57 PM
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PAGE 309 of 502
173.
174.
175.
176.
DOE 12 from abuse.

177.

178.
JOHN DOE 12.

179.
308
180.
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PAGE 310 of 502

COUNT LX JOHN DOE 12 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count LIX of the Third
Amended Complaint at Law as and for Paragraphs 1-169 of Count LX of this Third Amended
Complaint at Law.
170.
AMERICA.
171.

172.
309
173.
by a scout leader.
174.
175.
5/28/2015 1:57 PM
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176.
177.
178.
179.
310
180.
181.
5/28/2015 1:57 PM
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PAGE 312 of 502
182.
183.

COUNT LXI JOHN DOE 12 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
311
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count LXI of this Third Amended
Complaint at Law.
81.
82.

83.
5/28/2015 1:57 PM
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84.
1985 and 1987.
85.
and 1987.
86.

87.
312
88.
89.

hours;
5/28/2015 1:57 PM
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313

scouting leaders;
leaders;
5/28/2015 1:57 PM
2012-L-013569
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negligent fashion;
z.
90.
314

91.
Repressed memory
92.

93.
5/28/2015 1:57 PM
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PAGE 316 of 502
Defendants.
94.

95.
96.
October of 2012.
97.
guilt.
315
98.
99.
their childhood.
100.
to the victim.
5/28/2015 1:57 PM
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PAGE 317 of 502
101.
102.
103.
forget.
316
104.
COUNT LXII JOHN DOE 12 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count LXI of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count LXII of this Third
92.
5/28/2015 1:57 PM
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PAGE 318 of 502
93.
and 1987.
94.
95.
96.
317
scouting.
97.
back into Scouting.
98.
entering scouting.
5/28/2015 1:57 PM
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99.
100.
101.
102.
the mid-1980s.
318
103.
104.
105.
5/28/2015 1:57 PM
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106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
319
111.
112.
113.
5/28/2015 1:57 PM
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PAGE 321 of 502
114.
115.
116.

a.
b.
c.

Scouting;
d.

320
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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117.
118.
119.
321

120.
abuse.
121.
abuse.
122.
5/28/2015 1:57 PM
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PAGE 323 of 502

123.
124.
molestation.
125.
126.

127.

128.
322
129.
130.
COUNT LXIII JOHN DOE 12 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
5/28/2015 1:57 PM
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1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count LXII of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count LXIII of this Third
119.
120.

121.

122.
323
123.
124.
125.
5/28/2015 1:57 PM
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PAGE 325 of 502
126.
127.
128.
129.
324
130.
131.

5/28/2015 1:57 PM
2012-L-013569
PAGE 326 of 502
132.

COUNT LXIV JOHN DOE 13 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count LXIV of this Third Amended Complaint
at Law.
124.
325
125.
education system.
126.
5/28/2015 1:57 PM
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PAGE 327 of 502
apparent agent.
127.
agent.
128.

129.
130.
131.
and 1987.
326
132.

133.
134.

135.
5/28/2015 1:57 PM
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PAGE 328 of 502
hours;
Volunteer Files;
327

5/28/2015 1:57 PM
2012-L-013569
PAGE 329 of 502

scout leaders;
Scouting;
leaders;
328

5/28/2015 1:57 PM
2012-L-013569
PAGE 330 of 502
negligent fashion;
136.
137.
Repressed Memory
138.

329
139.
Defendants.
140.

141.
142.
5/28/2015 1:57 PM
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PAGE 331 of 502
October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
330
147.
148.
5/28/2015 1:57 PM
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PAGE 332 of 502
149.
forget.
150.
331
COUNT LXV JOHN DOE 13 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count LXIV of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count LXV of this Third
138.
5/28/2015 1:57 PM
2012-L-013569
PAGE 333 of 502
139.
and 1987.
140.

141.
142.
143.
144.
332
145.
146.
to JOHN DOE 13.
147.
5/28/2015 1:57 PM
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PAGE 334 of 502
148.
149.
150.
151.
333
153.
1980s.
153.
5/28/2015 1:57 PM
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PAGE 335 of 502
154.
155.
156.
confidential.
157.

158.
159.
334
160.

161.
Scouting.
162.

163.
5/28/2015 1:57 PM
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164.
165.
166.
167.
by:
a.
b.
335
c.

Scouting;
d.

e.

f.
5/28/2015 1:57 PM
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g.
h.

scouting;
i.
168.
Rule.
169.
336
170.
171.
172.
5/28/2015 1:57 PM
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PAGE 338 of 502
173.
174.
175.
176.
DOE 13 from abuse.

177.

178.
JOHN DOE 13.

179.
337
180.
5/28/2015 1:57 PM
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PAGE 339 of 502

COUNT LXVI JOHN DOE 13 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count LXV of the
Third Amended Complaint at Law as and for Paragraphs 1-169 of Count LXVI of this Third
170.
AMERICA.
171.

172.
338
173.
by a scout leader.
174.
175.
5/28/2015 1:57 PM
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PAGE 340 of 502

176.
177.
178.
179.
339
180.
181.
5/28/2015 1:57 PM
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PAGE 341 of 502
182.
183.

COUNT LXVII JOHN DOE 13 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
340
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count LXVII of this Third
81.
82.

83.
5/28/2015 1:57 PM
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PAGE 342 of 502
84.
1986 and 1987.
85.
and 1987.
86.

87.
341
88.
89.

hours;
5/28/2015 1:57 PM
2012-L-013569
PAGE 343 of 502

342

scouting leaders;
leaders;
5/28/2015 1:57 PM
2012-L-013569
PAGE 344 of 502

negligent fashion;
z.
90.
343

91.
Repressed memory
92.

93.
5/28/2015 1:57 PM
2012-L-013569
PAGE 345 of 502
Defendants.
94.

95.
96.
October of 2012.
97.
guilt.
344
98.
99.
their childhood.
100.
to the victim.
5/28/2015 1:57 PM
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PAGE 346 of 502
101.
102.
103.
forget.
345
104.
COUNT LXVIII JOHN DOE 13 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count LXVII of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count LXVIII of this
92.
5/28/2015 1:57 PM
2012-L-013569
PAGE 347 of 502
93.
and 1987.
94.
95.
96.
346
scouting.
97.
back into Scouting.
98.
entering scouting.
5/28/2015 1:57 PM
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99.
100.
101.
102.
the mid-1980s.
347
103.
104.
105.
5/28/2015 1:57 PM
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PAGE 349 of 502
106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
348
111.
112.
113.
5/28/2015 1:57 PM
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PAGE 350 of 502
114.
115.
116.

a.
b.
c.

Scouting;
d.

349
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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117.
118.
119.
350

120.
abuse.
121.
abuse.
122.
5/28/2015 1:57 PM
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PAGE 352 of 502

123.
124.
molestation.
125.
126.

127.

128.
351
129.
130.
COUNT LXIX JOHN DOE 13 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
5/28/2015 1:57 PM
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1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count LXVIII of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count LXIX of this Third
119.
120.

121.

122.
352
123.
124.
125.
5/28/2015 1:57 PM
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PAGE 354 of 502
126.
127.
128.
129.
353
130.
131.

5/28/2015 1:57 PM
2012-L-013569
PAGE 355 of 502
132.

COUNT LXX JOHN DOE 14 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count LXX of this Third Amended Complaint
at Law.
124.
354
125.
education system.
126.
5/28/2015 1:57 PM
2012-L-013569
PAGE 356 of 502
apparent agent.
127.
agent.
128.

129.
130.
131.
and 1982.
355
132.

133.
134.

135.
5/28/2015 1:57 PM
2012-L-013569
PAGE 357 of 502
hours;
Volunteer Files;
356

5/28/2015 1:57 PM
2012-L-013569
PAGE 358 of 502

scout leaders;
Scouting;
leaders;
357

5/28/2015 1:57 PM
2012-L-013569
PAGE 359 of 502
negligent fashion;
136.
137.
Repressed Memory
138.

358
139.
Defendants.
140.

141.
142.
5/28/2015 1:57 PM
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PAGE 360 of 502
October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
359
147.
148.
5/28/2015 1:57 PM
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PAGE 361 of 502
149.
forget.
150.
360
COUNT LXXI JOHN DOE 14 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count LXX of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count LXXI of this
138.
5/28/2015 1:57 PM
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139.
and 1982.
140.

141.
142.
143.
144.
361
145.
146.
to JOHN DOE 14.
147.
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148.
149.
150.
151.
362
152.
1980s.
153.
5/28/2015 1:57 PM
2012-L-013569
PAGE 364 of 502
154.
155.
156.
confidential.
157.

158.
159.
363
160.

161.
Scouting.
162.

163.
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164.
165.
166.
167.
by:
a.
b.
364
c.

Scouting;
d.

e.

f.
5/28/2015 1:57 PM
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g.
h.

scouting;
i.
168.
Rule.
169.
365
170.
171.
172.
5/28/2015 1:57 PM
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PAGE 367 of 502
173.
174.
175.
176.
DOE 14 from abuse.

177.

178.
JOHN DOE 14.

179.
366
180.
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PAGE 368 of 502

COUNT LXXII JOHN DOE 14 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count LXXI of the
Third Amended Complaint at Law as and for Paragraphs 1-169 of Count LXXII of this Third
170.
AMERICA.
171.

172.
367
173.
by a scout leader.
174.
175.
5/28/2015 1:57 PM
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PAGE 369 of 502

176.
177.
178.
179.
368
180.
181.
5/28/2015 1:57 PM
2012-L-013569
PAGE 370 of 502
182.
183.

COUNT LXXIII JOHN DOE 14 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
369
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count LXXIII of this Third
81.
82.

83.
5/28/2015 1:57 PM
2012-L-013569
PAGE 371 of 502
84.
1981 and 1982.
85.
and 1982.
86.

87.
370
88.
89.

hours;
5/28/2015 1:57 PM
2012-L-013569
PAGE 372 of 502

371

scouting leaders;
leaders;
5/28/2015 1:57 PM
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PAGE 373 of 502

negligent fashion;
z.
90.
372

91.
Repressed memory
92.

93.
5/28/2015 1:57 PM
2012-L-013569
PAGE 374 of 502
Defendants.
94.

95.
96.
October of 2012.
97.
guilt.
373
98.
99.
their childhood.
100.
to the victim.
5/28/2015 1:57 PM
2012-L-013569
PAGE 375 of 502
101.
102.
103.
forget.
374
104.
COUNT LXXIV JOHN DOE 14 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count LXXIII of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count LXXIV of this
92.
5/28/2015 1:57 PM
2012-L-013569
PAGE 376 of 502
93.
and 1982.
94.
95.
96.
375
scouting.
97.
back into Scouting.
98.
entering scouting.
5/28/2015 1:57 PM
2012-L-013569
PAGE 377 of 502
99.
100.
101.
102.
the mid-1980s.
376
103.
104.
105.
5/28/2015 1:57 PM
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PAGE 378 of 502
106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
377
111.
112.
113.
5/28/2015 1:57 PM
2012-L-013569
PAGE 379 of 502
114.
115.
116.

a.
b.
c.

Scouting;
d.

378
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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PAGE 380 of 502
117.
118.
119.
379

120.
abuse.
121.
abuse.
122.
5/28/2015 1:57 PM
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PAGE 381 of 502

123.
124.
molestation.
125.
126.

127.

128.
380
129.
130.
5/28/2015 1:57 PM
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PAGE 382 of 502
sum in excess of $50,000.00, plus the costs of suit, and all other relief permitted by law
COUNT LXXV JOHN DOE 14 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count LXXIV of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count LXXV of this Third
119.
120.

121.
381
122.
123.
124.
5/28/2015 1:57 PM
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PAGE 383 of 502
125.
126.
127.
128.
382
129.
130.
5/28/2015 1:57 PM
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PAGE 384 of 502
131.

132.

COUNT LXXVI JOHN DOE 15 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count LXXVI of this Third Amended
Complaint at Law.
383
124.
125.
5/28/2015 1:57 PM
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PAGE 385 of 502
education system.
126.
apparent agent.
127.
agent.
128.

129.
130.
384
131.
and 1986.
132.

133.
134.
5/28/2015 1:57 PM
2012-L-013569
PAGE 386 of 502

135.
hours;
Volunteer Files;
385

5/28/2015 1:57 PM
2012-L-013569
PAGE 387 of 502

scout leaders;
Scouting;
leaders;
386

5/28/2015 1:57 PM
2012-L-013569
PAGE 388 of 502

negligent fashion;
136.
137.
387
Repressed Memory
138.

139.
Defendants.
140.
5/28/2015 1:57 PM
2012-L-013569
PAGE 389 of 502
141.
142.
October of 2012.
143.
guilt.
144.
145.
their childhood.
388
146.
to the victim.
147.
148.
5/28/2015 1:57 PM
2012-L-013569
PAGE 390 of 502
149.
forget.
150.
389
COUNT LXXVII JOHN DOE 15 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count LXXVI of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count LXXVII of this
138.
5/28/2015 1:57 PM
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139.
and 1986.
140.

141.
142.
143.
144.
390
145.
146.
to JOHN DOE 15.
147.
5/28/2015 1:57 PM
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PAGE 392 of 502
148.
149.
150.
151.
391
152.
1980s.
153.
5/28/2015 1:57 PM
2012-L-013569
PAGE 393 of 502
154.
155.
156.
confidential.
157.

158.
159.
392
160.

161.
Scouting.
162.

163.
5/28/2015 1:57 PM
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164.
165.
166.
167.
by:
a.
b.
393
c.

Scouting;
d.

e.

f.
5/28/2015 1:57 PM
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PAGE 395 of 502

g.
h.

scouting;
i.
168.
Rule.
169.
394
170.
171.
172.
5/28/2015 1:57 PM
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PAGE 396 of 502
173.
174.
175.
176.
DOE 15 from abuse.

177.

178.
JOHN DOE 15.

179.
395
180.
5/28/2015 1:57 PM
2012-L-013569
PAGE 397 of 502

COUNT LXXVIII JOHN DOE 15 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count LXXVII of the
Third Amended Complaint at Law as and for Paragraphs 1-169 of Count LXXVIII of this Third
170.
AMERICA.
171.

172.
396
173.
by a scout leader.
174.
175.
5/28/2015 1:57 PM
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PAGE 398 of 502

176.
177.
178.
179.
397
180.
181.
5/28/2015 1:57 PM
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PAGE 399 of 502
182.
183.

COUNT LXXIX JOHN DOE 15 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
398
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count LXXIX of this Third
81.
82.

83.
5/28/2015 1:57 PM
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PAGE 400 of 502
84.
1983 and 1986.
85.
and 1986.
86.

87.
399
88.
89.

hours;
5/28/2015 1:57 PM
2012-L-013569
PAGE 401 of 502

400

scouting leaders;
leaders;
5/28/2015 1:57 PM
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PAGE 402 of 502

negligent fashion;
z.
90.
401

91.
Repressed memory
92.

93.
5/28/2015 1:57 PM
2012-L-013569
PAGE 403 of 502
Defendants.
94.

95.
96.
October of 2012.
97.
guilt.
402
98.
99.
their childhood.
100.
to the victim.
5/28/2015 1:57 PM
2012-L-013569
PAGE 404 of 502
101.
102.
103.
forget.
403
104.
COUNT LXXX JOHN DOE 15 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count LXXIX of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count LXXX of this Third
92.
5/28/2015 1:57 PM
2012-L-013569
PAGE 405 of 502
93.
and 1986.
94.
95.
96.
404
scouting.
97.
back into Scouting.
98.
entering scouting.
5/28/2015 1:57 PM
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PAGE 406 of 502
99.
100.
101.
102.
the mid-1980s.
405
103.
104.
105.
5/28/2015 1:57 PM
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PAGE 407 of 502
106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
406
111.
112.
113.
5/28/2015 1:57 PM
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PAGE 408 of 502
114.
115.
116.

a.
b.
c.

Scouting;
d.

407
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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PAGE 409 of 502
117.
118.
119.
408

120.
abuse.
121.
abuse.
122.
5/28/2015 1:57 PM
2012-L-013569
PAGE 410 of 502

123.
124.
molestation.
125.
126.

127.

128.
409
129.
130.
COUNT LXXXI JOHN DOE 15 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
5/28/2015 1:57 PM
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1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count LXXX of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count LXXXI of this Third
119.
120.

121.

122.
410
123.
124.
125.
5/28/2015 1:57 PM
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PAGE 412 of 502
126.
127.
128.
129.
411
130.
131.

5/28/2015 1:57 PM
2012-L-013569
PAGE 413 of 502
132.

COUNT LXXXII JOHN DOE 16 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count LXXXII of this Third Amended
Complaint at Law.
124.
412
125.
education system.
126.
5/28/2015 1:57 PM
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PAGE 414 of 502
apparent agent.
127.
agent.
128.

129.
130.
131.
and 1987.
413
132.

133.
134.

135.
5/28/2015 1:57 PM
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PAGE 415 of 502
hours;
Volunteer Files;
414

5/28/2015 1:57 PM
2012-L-013569
PAGE 416 of 502

scout leaders;
Scouting;
leaders;
415

5/28/2015 1:57 PM
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PAGE 417 of 502
negligent fashion;
136.
137.
Repressed Memory
138.

416
139.
Defendants.
140.

141.
142.
5/28/2015 1:57 PM
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PAGE 418 of 502
October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
417
147.
148.
5/28/2015 1:57 PM
2012-L-013569
PAGE 419 of 502
149.
forget.
150.
418
COUNT LXXXIII JOHN DOE 16 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count LXXXII of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count LXXXIII of this
138.
5/28/2015 1:57 PM
2012-L-013569
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139.
and 1987.
140.

141.
142.
143.
144.
419
145.
146.
to JOHN DOE 16.
147.
5/28/2015 1:57 PM
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PAGE 421 of 502
148.
149.
150.
151.
420
152.
1980s.
153.
5/28/2015 1:57 PM
2012-L-013569
PAGE 422 of 502
154.
155.
156.
confidential.
157.

158.
159.
421
160.

161.
Scouting.
162.

163.
5/28/2015 1:57 PM
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PAGE 423 of 502

164.
165.
166.
167.
by:
a.
b.
422
c.

Scouting;
d.

e.

f.
5/28/2015 1:57 PM
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PAGE 424 of 502

g.
h.

scouting;
i.
168.
Rule.
169.
423
170.
171.
172.
5/28/2015 1:57 PM
2012-L-013569
PAGE 425 of 502
173.
174.
175.
176.
DOE 16 from abuse.

177.

178.
JOHN DOE 16.

179.
424
180.
5/28/2015 1:57 PM
2012-L-013569
PAGE 426 of 502

COUNT LXXXIV JOHN DOE 16 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count LXXXIII of the
Third Amended Complaint at Law as and for Paragraphs 1-169 of Count LXXXIV of this Third
170.
AMERICA.
171.

172.
425
173.
by a scout leader.
174.
175.
5/28/2015 1:57 PM
2012-L-013569
PAGE 427 of 502

176.
177.
178.
179.
426
180.
181.
5/28/2015 1:57 PM
2012-L-013569
PAGE 428 of 502
182.
183.

COUNT LXXXV JOHN DOE 16 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
427
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count LXXXV of this Third
81.
82.

83.
5/28/2015 1:57 PM
2012-L-013569
PAGE 429 of 502
84.
1984 and 1987.
85.
and 1987.
86.

87.
428
88.
89.

hours;
5/28/2015 1:57 PM
2012-L-013569
PAGE 430 of 502

429

scouting leaders;
leaders;
5/28/2015 1:57 PM
2012-L-013569
PAGE 431 of 502

negligent fashion;
z.
90.
430

91.
Repressed memory
92.

93.
5/28/2015 1:57 PM
2012-L-013569
PAGE 432 of 502
Defendants.
94.

95.
96.
October of 2012.
97.
guilt.
431
98.
99.
their childhood.
100.
to the victim.
5/28/2015 1:57 PM
2012-L-013569
PAGE 433 of 502
101.
102.
103.
forget.
432
104.
COUNT LXXXVI JOHN DOE 16 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count LXXXV of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count LXXXVI of this
92.
5/28/2015 1:57 PM
2012-L-013569
PAGE 434 of 502
93.
and 1987.
94.
95.
96.
433
scouting.
97.
back into Scouting.
98.
entering scouting.
5/28/2015 1:57 PM
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PAGE 435 of 502
99.
100.
101.
102.
the mid-1980s.
434
103.
104.
105.
5/28/2015 1:57 PM
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PAGE 436 of 502
106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
435
111.
112.
113.
5/28/2015 1:57 PM
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PAGE 437 of 502
114.
115.
116.

a.
b.
c.

Scouting;
d.

436
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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PAGE 438 of 502
117.
118.
119.
437

120.
abuse.
121.
abuse.
122.
5/28/2015 1:57 PM
2012-L-013569
PAGE 439 of 502

123.
124.
molestation.
125.
126.

127.

128.
438
129.
130.
COUNT LXXXVII JOHN DOE 16 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
5/28/2015 1:57 PM
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PAGE 440 of 502
1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count LXXXVI of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count LXXXVII of this Third
119.
120.

121.

122.
439
123.
124.
125.
5/28/2015 1:57 PM
2012-L-013569
PAGE 441 of 502
126.
127.
128.
129.
440
130.
131.

5/28/2015 1:57 PM
2012-L-013569
PAGE 442 of 502
132.

COUNT LXXXVIII JOHN DOE 17 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count LXXXVIII of this Third Amended
Complaint at Law.
124.
441
125.
education system.
126.
5/28/2015 1:57 PM
2012-L-013569
PAGE 443 of 502
apparent agent.
127.
agent.
128.

129.
130.
131.
and 1986.
442
132.

133.
134.

135.
5/28/2015 1:57 PM
2012-L-013569
PAGE 444 of 502
hours;
Volunteer Files;
443

5/28/2015 1:57 PM
2012-L-013569
PAGE 445 of 502

scout leaders;
Scouting;
leaders;
444

5/28/2015 1:57 PM
2012-L-013569
PAGE 446 of 502
negligent fashion;
136.
137.
Repressed Memory
138.

445
139.
Defendants.
140.

141.
142.
5/28/2015 1:57 PM
2012-L-013569
PAGE 447 of 502
October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
446
147.
148.
5/28/2015 1:57 PM
2012-L-013569
PAGE 448 of 502
149.
forget.
150.
447
COUNT LXXXIX JOHN DOE 17 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count LXXXVIII of
the section of this Third Amended Complaint as and for Paragraphs 1-137 of Count LXXXIX of
this Third Amended Complaint at Law.
138.
5/28/2015 1:57 PM
2012-L-013569
PAGE 449 of 502
139.
and 1986.
140.

141.
142.
143.
144.
448
145.
146.
to JOHN DOE 17.
147.
5/28/2015 1:57 PM
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PAGE 450 of 502
148.
149.
150.
151.
449
152.
1980s.
153.
5/28/2015 1:57 PM
2012-L-013569
PAGE 451 of 502
154.
155.
156.
confidential.
157.

158.
159.
450
160.

161.
Scouting.
162.

163.
5/28/2015 1:57 PM
2012-L-013569
PAGE 452 of 502

164.
165.
166.
167.
by:
a.
b.
451
c.

Scouting;
d.

e.

f.
5/28/2015 1:57 PM
2012-L-013569
PAGE 453 of 502

g.
h.

scouting;
i.
168.
Rule.
169.
452
170.
171.
172.
5/28/2015 1:57 PM
2012-L-013569
PAGE 454 of 502
173.
174.
175.
176.
DOE 17 from abuse.

177.

178.
JOHN DOE 17.

179.
453
180.
5/28/2015 1:57 PM
2012-L-013569
PAGE 455 of 502

COUNT XC JOHN DOE 17 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count LXXXIX of the
Third Amended Complaint at Law as and for Paragraphs 1-169 of Count XC of this Third
170.
AMERICA.
171.

172.
454
173.
by a scout leader.
174.
175.
5/28/2015 1:57 PM
2012-L-013569
PAGE 456 of 502

176.
177.
178.
179.
455
180.
181.
5/28/2015 1:57 PM
2012-L-013569
PAGE 457 of 502
182.
183.

COUNT XCI JOHN DOE 17 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
456
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count XCI of this Third Amended
Complaint at Law.
81.
82.

83.
5/28/2015 1:57 PM
2012-L-013569
PAGE 458 of 502
84.
1983 and 1986.
85.
and 1986.
86.

87.
457
88.
89.

hours;
5/28/2015 1:57 PM
2012-L-013569
PAGE 459 of 502

458

scouting leaders;
leaders;
5/28/2015 1:57 PM
2012-L-013569
PAGE 460 of 502

negligent fashion;
z.
90.
459

91.
Repressed memory
92.

93.
5/28/2015 1:57 PM
2012-L-013569
PAGE 461 of 502
Defendants.
94.

95.
96.
October of 2012.
97.
guilt.
460
98.
99.
their childhood.
100.
to the victim.
5/28/2015 1:57 PM
2012-L-013569
PAGE 462 of 502
101.
102.
103.
forget.
461
104.
COUNT XCII JOHN DOE 17 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count XCI of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count XCII of this Third
92.
5/28/2015 1:57 PM
2012-L-013569
PAGE 463 of 502
93.
and 1986.
94.
95.
96.
462
scouting.
97.
back into Scouting.
98.
entering scouting.
5/28/2015 1:57 PM
2012-L-013569
PAGE 464 of 502
99.
100.
101.
102.
the mid-1980s.
463
103.
104.
105.
5/28/2015 1:57 PM
2012-L-013569
PAGE 465 of 502
106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
464
111.
112.
113.
5/28/2015 1:57 PM
2012-L-013569
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114.
115.
116.

a.
b.
c.

Scouting;
d.

465
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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PAGE 467 of 502
117.
118.
119.
466

120.
abuse.
121.
abuse.
122.
5/28/2015 1:57 PM
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PAGE 468 of 502

123.
124.
molestation.
125.
126.

127.

128.
467
129.
130.
COUNT XCIII JOHN DOE 17 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
5/28/2015 1:57 PM
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PAGE 469 of 502
1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count XCII of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count XCIII of this Third
119.
120.

121.

122.
468
123.
124.
125.
5/28/2015 1:57 PM
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PAGE 470 of 502
126.
127.
128.
129.
469
130.
131.

5/28/2015 1:57 PM
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132.

COUNT XCIV JOHN DOE 18 v. BOY SCOUTS OF AMERICA NEGLIGENCE
All Doe Plaintiffs, as and for Paragraphs 1-123 of Count XCIV of this Third Amended Complaint
at Law.
124.
470
125.
education system.
126.
5/28/2015 1:57 PM
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PAGE 472 of 502
apparent agent.
127.
agent.
128.

129.
130.
131.
and 1983.
471
132.

133.
134.

135.
5/28/2015 1:57 PM
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PAGE 473 of 502
hours;
Volunteer Files;
472

5/28/2015 1:57 PM
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PAGE 474 of 502

scout leaders;
Scouting;
leaders;
473

5/28/2015 1:57 PM
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PAGE 475 of 502
negligent fashion;
136.
137.
Repressed Memory
138.

474
139.
Defendants.
140.

141.
142.
5/28/2015 1:57 PM
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PAGE 476 of 502
October of 2012.
143.
guilt.
144.
145.
their childhood.
146.
to the victim.
475
147.
148.
5/28/2015 1:57 PM
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149.
forget.
150.
476
COUNT XCV JOHN DOE 18 v. BOY SCOUTS OF AMERICA FRAUDULENT

1-137. Plaintiff reasserts and realleges paragraphs 1 through 137 of Count XCIV of the
section of this Third Amended Complaint as and for Paragraphs 1-137 of Count XCV of this Third
138.
5/28/2015 1:57 PM
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PAGE 478 of 502
139.
and 1983.
140.

141.
142.
143.
144.
477
145.
146.
to JOHN DOE 18.
147.
5/28/2015 1:57 PM
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PAGE 479 of 502
148.
149.
150.
151.
478
152.
1980s.
153.
5/28/2015 1:57 PM
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PAGE 480 of 502
154.
155.
156.
confidential.
157.

158.
159.
479
160.

161.
Scouting.
162.

163.
5/28/2015 1:57 PM
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164.
165.
166.
167.
by:
a.
b.
480
c.

Scouting;
d.

e.

f.
5/28/2015 1:57 PM
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g.
h.

scouting;
i.
168.
Rule.
169.
481
170.
171.
172.
5/28/2015 1:57 PM
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PAGE 483 of 502
173.
174.
175.
176.
DOE 18 from abuse.

177.

178.
JOHN DOE 18.

179.
482
180.
5/28/2015 1:57 PM
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PAGE 484 of 502

COUNT XCVI JOHN DOE 18 v. BOY SCOUTS OF AMERICA EQUITABLE
ESTOPPEL
1-169. Plaintiff reasserts and realleges paragraphs 1 through 169 of Count XCV of the
Third Amended Complaint at Law as and for Paragraphs 1-169 of Count XCVI of this Third
170.
AMERICA.
171.

172.
483
173.
by a scout leader.
174.
175.
5/28/2015 1:57 PM
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PAGE 485 of 502

176.
177.
178.
179.
484
180.
181.
5/28/2015 1:57 PM
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PAGE 486 of 502
182.
183.

COUNT XCVII JOHN DOE 18 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
485
Common to All Doe Plaintiffs, as and for Paragraphs 1-80 of Count XCVII of this Third
81.
82.

83.
5/28/2015 1:57 PM
2012-L-013569
PAGE 487 of 502
84.
1981 and 1983.
85.
and 1983.
86.

87.
486
88.
89.

hours;
5/28/2015 1:57 PM
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PAGE 488 of 502

487

scouting leaders;
leaders;
5/28/2015 1:57 PM
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PAGE 489 of 502

negligent fashion;
z.
90.
488

91.
Repressed memory
92.

93.
5/28/2015 1:57 PM
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PAGE 490 of 502
Defendants.
94.

95.
96.
October of 2012.
97.
guilt.
489
98.
99.
their childhood.
100.
to the victim.
5/28/2015 1:57 PM
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PAGE 491 of 502
101.
102.
103.
forget.
490
104.
COUNT XCVIII JOHN DOE 18 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
1-91. Plaintiff reasserts and realleges paragraphs 1 through 91 of Count XCVII of the
section of this Third Amended Complaint as and for Paragraphs 1-91 of Count XCVIII of this
92.
5/28/2015 1:57 PM
2012-L-013569
PAGE 492 of 502
93.
and 1983.
94.
95.
96.
491
scouting.
97.
back into Scouting.
98.
entering scouting.
5/28/2015 1:57 PM
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PAGE 493 of 502
99.
100.
101.
102.
the mid-1980s.
492
103.
104.
105.
5/28/2015 1:57 PM
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PAGE 494 of 502
106.
107.
misrepresentation.
108.
109.
confidential.
110.
Scoutmaster.
493
111.
112.
113.
5/28/2015 1:57 PM
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PAGE 495 of 502
114.
115.
116.

a.
b.
c.

Scouting;
d.

494
e.
files;
f.
g.
h.

scouting;
i.
5/28/2015 1:57 PM
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PAGE 496 of 502
117.
118.
119.
495

120.
abuse.
121.
abuse.
122.
5/28/2015 1:57 PM
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PAGE 497 of 502

123.
124.
molestation.
125.
126.

127.

128.
496
129.
130.
COUNT XCIX JOHN DOE 18 v. CHICAGO AREA COUNCIL, BOY SCOUTS OF
5/28/2015 1:57 PM
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PAGE 498 of 502
1-118. Plaintiff reasserts and realleges paragraphs 1 through 118 of Count XCVIII of the
Third Amended Complaint at Law as and for Paragraphs 1-118 of Count XCIX of this Third
119.
120.

121.

122.
497
123.
124.
125.
5/28/2015 1:57 PM
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PAGE 499 of 502
126.
127.
128.
129.
498
130.
131.

5/28/2015 1:57 PM
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132.

By:
/s/ Evan M. Smola

Evan M. Smola
Attorney for Plaintiff
Christopher T. Hurley
Evan M. Smola
HURLEY McKENNA & MERTZ
33 North Dearborn Street, Suite 1430
(312) 553-4900
(312) 553-0964 - fax
www.hurley-law.com
499

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)
)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
THOMAS HACKER,
)
)
)
OF AMERICA, and
)
)
AMERICA, INC.,
)
)
Defendants.
)
2012 L 013569
TRIAL BY JURY
DEMANDED
JURY DEMAND
NOW COME the plaintiffs JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, JOHN DOE 6,
JOHN DOE 13, JOHN DOE 14, JOHN DOE 15, JOHN DOE 16, JOHN DOE 17, and JOHN
DOE 18, by and through their attorneys in this regard, Hurley McKenna & Mertz, P.C., and
hereby demand that this matter be tried before a jury of twelve persons.
/s/ Evan M. Smola
One of the Attorneys for Plaintiff
HURLEY McKENNA & MERTZ, P.C.
Attorneys for Plaintiff
33 N. Dearborn Street, 1430
(312) 553-4900
Atty. No. 41267

5/28/2015 1:57 PM
2012-L-013569
PAGE 502 of 502

)
)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
THOMAS HACKER,
)
)
)
OF AMERICA, and
)
)
AMERICA, INC.,
)
)
Defendants.
)
2012 L 013569
TRIAL BY JURY
DEMANDED
VERIFICATION PURSUANT TO SUPREME COURT RULE 222 (b)

Pursuant to Supreme Court Rule 222 (b), and under penalties of perjury, counsel for the
above named plaintiffs certifies that plaintiffs seek money damages in excess of Fifty Thousand
and00/100ths Dollars ($50,000.00).
By: /s/ Evan M. Smola

HURLEY McKENNA & MERTZ, P.C.
33 N. Dearborn Street
Suite 1430
Telephone: (312) 553-4900
Atty. No: 41267

Doe v. Boy Scouts of America and Chicago Area

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Doe v. Boy Scouts of America and Chicago Area

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ELECTRONICALLY FILED

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

JOHN DOE 2, JOHN DOE 3,

THIRD AMENDED COMPLAINT AT LAW

Defendant THOMAS HACKER was, at various times material hereto, up to and

Defendant HACKER was at various times material hereto, up to and including

CHICAGO AREA COUNCIL, BOY SCOUTS OF AMERICA, INC. (hereinafter collectively

various counties throughout Illinois, including Cook County.

1981 and 1982.

in deviant sexual acts with him between 1984 and 1987.

abuse outlined in paragraphs 6 41.

Defendant HACKER was negligent in one or more of the following ways:

As a direct and proximate result of the aforementioned actions by the

Further, as a result of the aforementioned sexual abuse and breach of trust,

suppressed the memories of this abuse.

frames outlined in Paragraphs 6 41.

frames outlined in Paragraphs 6 41.

of Plaintiffs, who were minors at the time.

As a direct and proximate result of the aforementioned actions by the

the memories of this abuse.

Defendants sexual abuse of Plaintiffs constitutes extreme and outrageous conduct.

As a direct and proximate result of the aforementioned actions by the

the memories of this abuse.

ALLEGATIONS AGAINST BOY SCOUTS OF AMERICA COMMON TO ALL

The BOY SCOUTS OF AMERICA (hereinafter "BSA") is the largest youth

have placed their trust in the BSA.

Paradoxically, the BSA promotes the wholesomeness of its programs while

Defendant, BOY SCOUTS OF AMERICA is a congressionally chartered

corporation, authorized to do business in Illinois.

Co-Defendant, Chicago Area Council is an Illinois not-for-profit corporation that

Since approximately 1919, BOY SCOUTS OF AMERICA has maintained a

The claimed purpose of the BOY SCOUTS OF AMERICAS maintenance of the

files is to keep sexual predators out of Scouting.

Co-Defendant Thomas Hacker was first placed in the IV files in 1970.

Boy Scouts of Americas Notice of Hackers Predatory Tendencies.

On July 7, 1961, authorities in Indianapolis, Indiana arrested Hacker for molesting

boys during a scout camp out.

Hacker subsequently joined another troop in Indianapolis.

Hacker was either asked to leave that troop or resigned.

Hacker joined a third troop in Indianapolis in October of 1968.

of his third troop in Indianapolis.

On and prior to February 26, 1970, Thomas Hacker served as a Scoutmaster in a

Fulfillment Services of BOY SCOUTS OF AMERICA.

with assault and battery with intent to gratify sexual desires.

The Central Indiana Council completed a Confidential Record Sheet on or

about June 8, 1970.

BOY SCOUTS OF AMERICA.

he placed Hackers information in the ineligible volunteer file.

as of February 26, 1970.

indecent liberties with a child.

Council of the Boy Scouts of America, wrote a letter to Paul Ernst.

Registration and Membership of the Boy Scouts of America.

were the same person.

Correspondence from Northwest Suburban Council of the Boy Scouts of America

Correspondence from Northwest Suburban Council of the BOY SCOUTS OF

previously active in scouting in Central Indiana.

circumstances do we want [Mr. Hacker] registered in Scouting.

In addition to being deemed an Ineligible Volunteer, Thomas Hacker was also

BOY SCOUTS OF AMERICA did not conduct a background check on Mr.

If BSA had conducted a background check when Hacker volunteered in the

Boy Scouts of America.

Defendant Hacker was, at various times material hereto, an employee, servant,

volunteer, agent and/or apparent agent of Defendant BOY SCOUTS OF AMERICA.

five counts of aggravated criminal sexual assault against three scouts.