CV-2018-08-3557 WELLS, JASON 08/22/2018 16:13:24 PM CMCO Page 1 of 9

IN THE COURT OF COMMON PLEAS

SUMMIT COUNTY, OHIO
BROCK MILLER ) CASE NO.
1388 Harvester Circle )
Myrtle Beach, SC 29579 ) JUDGE
)
Plaintiff, ) COMPLAINT
)
-vs- ) OTHER CIVIL: Sexual Harassment
)
ERNEST W. ANGLEY ) JURY DEMAND ENDORSED
3105 Lake James Drive ) HEREON
Akron, OH 44312 )
)
and, )
)
GRACE CATHEDRAL, INC. )
c/o Catherine D. Shupe )
2690 State Road )
Cuyahoga Falls, OH 44223 )
)
Defendant(s). )
)

Now comes Plaintiff, Brock Miller, who by and through his undersigned counsel, and for

his Complaint, alleges and avers as follows:

PARTIES AND JURISDICTION

1. Plaintiff, Brock Miller, is a resident of the City of Myrtle Beach, South Carolina. Between

the years of 2004 and 2014, Plaintiff was a Summit County, Ohio, resident and employee

of Defendants Ernest Angley and Grace Cathedral, Inc.

2. At all times relevant hereto Defendant, Ernest Angley, was a resident of the City of Akron,

County of Summit, and State of Ohio.

3. Grace Cathedral, Inc. is a North Carolina corporation, admitted to do business in the state

of Ohio, with its principal place of business being Cuyahoga Falls, Summit County, Ohio.

4. Defendants are employers within the meaning of O.R.C. §§ 4101.11 and 4101.12.

Sandra Kurt, Summit County Clerk of Courts

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5. The acts and/or omissions giving rise to this action occurred between approximately June

2004 and July 2014, in the County of Summit, State of Ohio.

STATEMENT OF FACTS

6. Plaintiff realleges and incorporates by reference the allegations made in the foregoing

paragraphs as if fully rewritten herein.

7. Plaintiff began working for Defendants Angley and Grace Cathedral in January 2004, when

he turned eighteen (18) years old.

8. As a condition of his employment, Defendants forced Plaintiff to undergo a vasectomy—

to ensure that he was never able to have children.

9. Within months of beginning his employment, Angley’s predatory, harassing, and offensive

behavior began.

10. At the time, Plaintiff was living in a home across the street from Angley, and in the summer

of 2004 he asked Angley to come to his home because he had questions about his upcoming

marriage.

11. Some of the questions were sexual in nature, however Plaintiff, who was eighteen (18) at

the time, felt comfortable asking these questions to Angley because he was a man of God

and a father figure to him.

12. At some point during their conversation Angley told Plaintiff that he could not offer advice

unless he saw Plaintiff’s penis. Angley then told Plaintiff to masturbate in front of him so

Angley could make sure he was ejaculating correctly.

13. Plaintiff, a heterosexual male, was terrified and uncomfortable during the situation, but he

reluctantly agreed because Angley was not only his boss, but more importantly was a man

of God and he trusted him at that time.

Sandra Kurt, Summit County Clerk of Courts

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14. Following the incident, Angley told Plaintiff that nobody needed to know about what

happened because they would not understand, and to make sure he did not ever tell anybody

about it, because it was to stay between the two of them and God.

15. From that point forward, until Plaintiff’s resignation in 2014, Angley would frequently ask

Plaintiff personal questions about his sex life and his body, such as: “How often are you

having sex? What’s your favorite position? Do you enjoy oral sex? Do you go down on

your wife? How many inches is your penis? Do you like to masturbate? How often do you

masturbate? Do you use your full hand or just two fingers when you masturbate?”

16. In addition to Angley’s constant and graphic questioning, Plaintiff was also physically

molested by Angley numerous times throughout his employment.

17. Beginning in the fall of 2006, Angley would summon Plaintiff to his home for a “special

anointing” where Angley would have Plaintiff strip naked and lie on a circular bed while

Angley massaged him.

18. These physical assaults occurred at least a dozen times during Plaintiff’s employment.

19. Angley’s final physical assault occurred in November 2012, however his verbal harassment

continued unabated until Plaintiff’s resignation in July 2014.

20. At all times relevant hereto, Defendant Grace Cathedral knew, or in the exercise of

reasonable care should have known, that Defendant Angley had propensities for

committing sexual assault and battery, engaging in crude, offensive, extreme and

outrageous conduct of a sexual nature, was a person of malicious and unstable character,

posed an imminent risk of harm to Plaintiff, and was substantially certain to harm Plaintiff.

Notwithstanding that knowledge, Grace Cathedral failed to protect Plaintiff from Angley

or take prompt and effective remedial action to prevent Angley’s behavior.

Sandra Kurt, Summit County Clerk of Courts

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21. As a direct and proximate result of Defendants’ pervasive sexual abuse and harassment,

Plaintiff suffered severe and permanent injuries, great pain of body and mind, mental

anguish, and required psychological and medical treatment in the past. With reasonable

certainty, Plaintiff will incur psychological and medical treatment in the future—all to his

expense and obligation, in addition to future pain of body and mind and mental anguish.

22. As a further result of Defendants’ above stated conduct, Plaintiff has been, is being, and

will be deprived of income in the form of wages and prospective retirement benefits, and

other benefits, promotion opportunities and job assignments due to him as an employee,

but denied because of Defendants’ unlawful actions.

COUNT ONE:
SEXUAL HARASSMENT

23. Plaintiff realleges and incorporates by reference the allegations made in the foregoing

paragraphs as if fully rewritten herein.

24. Through Defendant Angley’s actions and through Defendant Grace Cathedral’s failure to

take prompt and effective remedial action to prevent Defendant Angley’s behavior toward

Plaintiff, Defendants interfered with Plaintiff’s work performance and created an

intimidating, hostile, offensive, and intolerable work environment.

25. Defendants’ above-outlined actions and/or omissions constituted discrimination on the

basis of sex, sexual harassment, and retaliation in violation of Ohio Revised Code Section

4112.02(A) and Ohio common law.

26. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiff suffered severe

and permanent injuries, great pain of body and mind, mental anguish, and required

psychological and medical treatment in the past. With reasonable certainty, Plaintiff will

incur psychological and medical treatment in the future—all to his expense and obligation,

Sandra Kurt, Summit County Clerk of Courts

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in addition to future pain of body and mind and mental anguish.

27. As a further result of Defendants’ above stated conduct, Plaintiff has been, is being, and

will be deprived of income in the form of wages and prospective retirement benefits, and

other benefits, promotion opportunities and job assignments due to him as an employee,

but denied because of Defendants’ unlawful actions.

28. Defendants’ discriminatory and retaliatory acts and/or omissions toward Plaintiff were

conducted with malice or reckless indifference to Plaintiff’s rights, entitling Plaintiff to

punitive damages.

COUNT TWO:
VIOLATIONS OF O.R.C. § 4101.11 & 4101.12

29. Plaintiff realleges and incorporates by reference the allegations made in the foregoing

paragraphs as if fully rewritten herein.

30. As a direct and proximate result of Defendants’ above-outlined acts and/or omissions,

Defendants failed to furnish employment that was safe for Plaintiff and for frequenters

thereof, and failed to reasonably protect the life, health, safety, and welfare of its employees

and frequenters. Defendants’ actions as alleged herein violated O.R.C. § 4101.11.

31. Defendants require, permitted, and/or suffered Plaintiff to go or be in employment or a

place of employment that was not safe, and failed to do every other thing reasonably

necessary to protect the life, health, safety, and welfare of their employees or frequenters.

Defendants further occupied and maintained a place of employment that was not safe.

Defendants’ actions as alleged herein violated O.R.C. § 4101.12.

32. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiff suffered severe

and permanent injuries, great pain of body and mind, mental anguish, and required

psychological and medical treatment in the past. With reasonable certainty, Plaintiff will

Sandra Kurt, Summit County Clerk of Courts

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incur psychological and medical treatment in the future—all to his expense and obligation,

in addition to future pain of body and mind and mental anguish.

33. As a further result of Defendants’ above stated conduct, Plaintiff has been, is being, and

will be deprived of income in the form of wages and prospective retirement benefits, and

other benefits, promotion opportunities and job assignments due to him as an employee,

but denied because of Defendants’ unlawful actions.

34. Defendants’ discriminatory practices and conduct toward Plaintiff were conducted with

malice or reckless indifference to Plaintiff’s rights, entitling Plaintiff to punitive damages.

COUNT THREE:
FAILURE TO CONTROL

35. Plaintiff realleges and incorporates by reference the allegations made in the foregoing

paragraphs as if fully rewritten herein.

36. Plaintiff’s injuries as described above were directly and proximately caused by Defendant

Grace Cathedral’s knowing, willful and wanton, and/or negligent failure to control the

activities of Defendant Angley.

37. By reason of Defendant Grace Cathedral’s failure to control the activities of Defendant

Angley, Plaintiff has suffered severe and permanent injuries, great pain of body and mind,

mental anguish, and required psychological and medical treatment in the past. With

reasonable certainty, Plaintiff will incur psychological and medical treatment in the

future—all to his expense and obligation, in addition to future pain of body and mind and

mental anguish.

38. As a further result of Defendant’s failure to control the activities of Angley, Plaintiff has

been, is being, and will be deprived of income in the form of wages and prospective

retirement benefits, and other benefits, promotion opportunities and job assignments due

Sandra Kurt, Summit County Clerk of Courts

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to him as an employee, but denied because of Defendants’ unlawful actions.

COUNT FOUR:
CONSTRUCTIVE DISCHARGE
IN VIOLATION OF PUBLIC POLICY

39. Plaintiff realleges and incorporates by reference the allegations made in the foregoing

paragraphs as if fully rewritten herein.

40. Ohio has clear public policies prohibiting the sexual harassment/discrimination and sexual

assault of Plaintiff as described above, i.e. R.C. §§ 2907.02, 2907.03, 2907.05, and

2907.06, which prohibit rape, sexual battery, sexual imposition and gross sexual

imposition, express public policy protecting sexual bodily security and integrity and

prohibiting offensive sexual contact; R.C. 2907.21-2907.25 prohibit prostitution as well as

compelling, promoting, procuring and soliciting prostitution; and R.C. 4111.02, which

prohibits sexual harassment/discrimination. Ohio also has clear public policies requiring

employers to provide employees a safe working environment and prohibiting employers

from requiring employees to work in unsafe conditions. This policy is expressed in R.C.

§§ 2903.22, 4101.11, 4101.12, 4121.13 and 4121.37.

41. Defendants constructively discharged Plaintiff by subjecting him to the working conditions

described above.

42. Constructively discharging employees, such as Plaintiff, under circumstances like those

involved here would jeopardize the public policies set forth above.

43. Defendants’ constructive discharge of Plaintiff was motivated by conduct related to the

above-stated policies.

44. Defendants lacked an overriding legitimate business justification for constructively

discharging Plaintiff.

Sandra Kurt, Summit County Clerk of Courts

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45. Defendants acted with malicious purpose, in bad faith, and/or in a wanton or reckless

manner.

46. By reason of Defendants’ unlawful constructive discharge, Plaintiff has been, is being, and

will be deprived of income in the form of wages and prospective retirement benefits, and

other benefits, promotion opportunities and job assignments due to him as an employee,

but denied because of Defendants’ unlawful actions. Plaintiff further suffered humiliation,

mental and emotional anguish, and anxiety as a result of Defendants’ unlawful actions

described above.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, Brock Miller, requests judgment and damages against

Defendants, as follows:

A. A declaratory judgment that Defendants have violated Plaintiff’s right to be free from

discrimination and sexual harassment in the workplace pursuant to the Ohio Rev. Code

§4112.02;

B. An injunction ordering Defendants to make Plaintiff whole with full back pay, benefits

and reinstatement to a position Plaintiff would have obtained in the absence of

discrimination or, in the alternative, front pay;

C. An award to Plaintiff for compensatory and punitive damages in amount to be shown at

trial for past and future economic and non-economic losses, including extreme emotional

distress and mental anguish, impairment of the quality of life; and consequential loses;

D. An award for reasonable attorneys’ fees and costs, including but not limited to expert

witness fees, as provided under state law;

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E. An award to Plaintiff of interest on any awards at the highest rate allowed by law; and

F. Such other and further relief as this Court deems just and appropriate.

Respectfully submitted,

/s/ Robert A. Pecchio

Robert A. Pecchio (0025282)
Kevin C. Urtz (0096100)
THE PECCHIO LAW FIRM
2305 E. Aurora Rd., Ste. A-1
Twinsburg, OH 44087
Phone: (330) 963-6600
Fax: (330) 963-6650
rpeccchio@pecchiolawfirm.com

Attorneys for Plaintiff

JURY DEMAND

Pursuant to Rule 38(B) of the Ohio Rules of Civil Procedure, Plaintiff hereby demands trial

by the maximum number of jurors allowed by the law.

Respectfully submitted,

/s/ Robert A. Pecchio

Robert A. Pecchio (0025282)
Kevin C. Urtz (0096100)

Attorneys for Plaintiff

Sandra Kurt, Summit County Clerk of Courts