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Boy 1 v. Boy Scouts of America

United States District Court, W.D. Washington

January 8, 2014

BOY 1, BOY 2, BOY 3, BOY 4, BOY 5, and BOY 6, Plaintiffs,
v.
BOY SCOUTS OF AMERICA, a congressionally chartered corporation incorporated in the District of Columbia, Defendant

Page 1368

For Corporation of the Catholic Archdiocese of Seattle, Movant: Nicole Brodie Jackson, Patterson Buchanan Fobes & Leitch, Inc., P.S., SEATTLE, WA; Michael Alexander Patterson, PATTERSON, BUCHANAN, FOBES & LEITCH PS, SEATTLE, WA.

For Boy 1, Boy 2, Boy 3, Plaintiffs: Timothy D Kosnoff, Daniel T. L. Fasy, KOSNOFF FASY, SEATTLE, WA.

For Boy 5, Plaintiff: Daniel T. L. Fasy, Timothy D Kosnoff, KOSNOFF FASY, SEATTLE, WA.

For Boy Scouts of America, a congressionally chartered corporation incorporated in the District of Columbia, Defendant: Anthony Todaro, Barbara J Kastama, Kelly P Corr, Sarah E Tilstra, William Randolph Squires, III, CORR CRONIN MICHELSON BAUMGARDNER & PREECE, SEATTLE, WA.

OPINION

Page 1369

RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

This matter comes before the Court upon Defendant Boy Scouts of America's (" BSA" ) Motion for Summary Judgment (Dkt. # 83). For the reasons that follow, the motion shall be GRANTED.

II. BACKGROUND

Plaintiffs, former child Boy Scout troop members, brought suit against the Boy Scouts of America (" BSA" ), for claims related to sexual abuse that occurred when Plaintiffs participated in scouting activities. The Court previously dismissed Plaintiffs' claims for negligence, outrage, civil conspiracy, equitable estoppel, fraudulent concealment, and willful and wanton misconduct under Fed.R.Civ.P. 12(b)(6). Dkt. # 22. The Court declined to rule on the sufficiency of Plaintiffs' allegations under the Sexual Exploitation of Children Act (" SECA" ), RCW 9.68A. Plaintiffs were granted leave to amend and filed two First Amended Complaints (together, " FAC" ) on behalf of Boys 1, 2, & 3 and Boys 4, 5, & 6, respectively. See Dkt. ## 23, 24. The FAC asserted the same claims against BSA, save for the claim of " estoppel and fraudulent concealment," which was eliminated from the FAC.

The FAC included new allegations regarding the hierarchal structure of the BSA organization and details about those instances in which the local troop leaders knew about scout leaders' history of child sexual abuse but failed to warn the children of the troop. See, e.g., Dkt. # 23, ¶ 16; ¶ ¶ 92-93; ¶ 113. Dkt. # 24, ¶ 51; ¶ 92. Plaintiffs also included gruesome descriptions of the abuse suffered by the Plaintiffs at the hands of scouting group members.

After considering Defendant's motion to dismiss the FAC, the Court dismissed Boy 1 and Boy 5's claims with prejudice but permitted Boys 2, 3, 4, and 6's claims for negligence, outrage, and SECA to proceed. Dkt. # 31. Boys 4 and 6 have since settled, leaving only Boys 2 and 3 as Plaintiffs in this action. BSA now moves for summary judgment on Boy 2 and Boy 3's remaining claims for negligence and outrage as well as the dependant SECA claim. BSA contends that the FAC should be dismissed in its entirety.

Generally, the " Scouting Movement" is comprised of three components: BSA, scout councils, and independent community organizations. BSA is a national organization that offers an educational youth program (the Scouting program) to chartered organizations. In addition, BSA maintains a database of excluded persons in relation to its sole right to exclude individuals from membership or leadership. Scout councils grant charters to community organizations and provide Scouting publications, supplies, and training. The Scouting Movement's largest component consists of independent community organizations, such as schools, civic organizations, and churches. These organizations integrate the Scouting program into their own program, organize members into units, and appoint committees that run the unit, select leaders, and supervise those leaders.

Boy 2 was a troop member of Troop 13 in 1972. Troop 13 appears to have been sponsored by a group of parents. Leroy Van Camp was the registered scoutmaster of Troop 13. Walter Weber was Mr. Van

Page 1370

Camp's neighbor. Although Mr. Weber had previously been a registered scoutmaster he was not a scoutmaster in 1972. Mr. Van Camp allowed Mr. Weber to participate in Troop 13's activities. Mr. Weber was not a registered troop leader or registered adult volunteer for Troop 13. Boy 2 was sexually abused by Mr. Weber while attending a troop camping trip.

Boy 3 was a troop member of Troop 666, which was sponsored by St. Monica's Catholic Church on Mercer Island. Boy 3 participated in Troop 666 from approximately 1980 to 1983. Rick Smith was the registered scoutmaster. Sometime between 1981 and 1983, Boy 3 was sexually abused by Stephen Schembs, a child member of Troop 666 who was the Senior Patrol Leader [1] ...


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