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PARTIES
1. Plaintiff, Ms.
Parker (fka January Barnes), was recruited at or about the winter of 1978 and
thereafter, became an agent and/or employee of The Way International
(hereinafter "TWI"). Plaintiff Parker has not disclosed her current
address for fear of physical harm or threats from current or former TWI
adherents.
2. Defendant TWI, is an
Ohio
corporation with its principal place of business in Shelby County, Ohio.
3. At all times
pertinent hereto, Defendant LOY C. MARTINDALE ("Martindale"),
ROSALIE F. RIVENBARK ("Rivenbark"), JOHN R. REYNOLDS
("Reynolds"), DONALD E. WIERWILLE ("Wierwille"), HOWARD
R. ALLEN ("Allen"), (Collectively the - "Way Leadership")
are or were officers, directors, employees, agents or trustees of TWI and
their acts as described hereinbelow were undertaken and done within the
course and scope of their agency for or employment by TWI, and were ratified
by, TWI.
BACKGROUND
4. TWI purports to be a
religious organization whose actions foster and inculcate a dependent state
of mind among its adherents. TWI requests, requires, demands and receives
income from its adherents as "contributions" or from direct
employment by the adherents on behalf of TWI.
5. The Way Leadership
conducts the business of TWI in such a manner that adherents are
"conditioned" and/or encouraged to become economically and
psychologically dependent on TWI and the Way Leadership. As a result of the
foregoing, the Way Leadership occupies positions of trust in relation to
adherents of TWI and each member of the Way Leadership owes adherents of TWI
a fiduciary duty.
COUNT ONE
(Breach
of Contract)
6. Beginning at the
inception of her affiliation with TWI. and continuing throughout,
TWI and the Way
Leadership represented and promised to Plaintiff Parker that if she adhered
to the principles of TWI, participated in Way Corps training for leadership,
complied with the directives of the Way Leadership, she would be provided
with aid, assistance and specific opportunities so as to become the
beneficiary of specific financial and material benefits.
7. In reliance on the
representations and promises of TWI and the Way Leadership, Plaintiff
abandoned her family, friends and discontinued the pursuit of her secular
education, underwent training in the apprentice Way Corps at her own expense,
worked as directed by the Way Leadership and TWI both within and outside of
TWI so as to be able to continue taking TWI courses, all in pursuit of
receiving the "deferred benefits" which she tacitly agreed to
defer.
8. Way Leadership
tacitly offers a lifelong affiliation to "initiates" with both real
and spiritual benefits and said leadership utilizes, what might best be
described as "a bait and switch scheme" to promise future
opportunities of positions as "leaders" (city, state or regional)
which positions include monetary benefits.
9. Plaintiff accepted
said offer and devoted almost twenty years of her life adhering to the
conditions which would give rise to TWI s obligation to "make good"
on their obligation.
10. The Way Leadership
and TWI breached their contract with Plaintiff by creating impossible working
conditions including, but not limited to, requiring Plaintiff to submit to
sexual assault as a condition of continued employment, directly and
proximately causing Plaintiff Parker damages.
COUNT TWO
(Breach
of a Fiduciary Duty)
11. Plaintiff
incorporates and realleges each, every and all of the allegations contained
hereinabove as if fully set forth herein and further states that Defendants
TWI and the Way Leadership have misused their fiduciary relationship with the
Plaintiff so as to cause the failure of Plaintiffs marriage, to coerce
Plaintiff into taking obscene photographs of Defendant Rev. Martindale and to
posing for similar photographs. Additionally, Defendant Rev. Martindale
shared information about other Way women, both single and married, with
Plaintiff and shared confidential information about Plaintiff with other Way
members.
12. Defendant TWI and
the Way Leadership have misused their fiduciary relationship to gain personal
and pecuniary benefits at Plaintiff Parker s expense, thereby breaching their
fiduciary duty to Plaintiff, subjecting Plaintiff to humiliation and
opprobrium for their own personal amusement and gratification. The actions of
Defendants show malice and intentional disregard for the rights of Plaintiff
Parker and others.
13. As a direct and
proximate result of Defendants tortious acts as aforesaid, Plaintiff has been
damaged in an amount much more than $25,000.00.
COUNT
THREE
(Fraud)
14. Plaintiff Parker
incorporates and realleges each, every and all of the allegations contained
hereinabove as if fully set forth herein and further states that at the time
The Way Leadership made the representations and promises concerning future
opportunities to Plaintiff Parker, such representations were false and that
the Defendants never intended to offer such opportunities to Plaintiff
Parker.
15 Such representations
were made by the Way Leadership and Martindale solely to keep Plaintiff
Parker available to Defendant Martindale for the exploitative sexual
relationship which the Way Leadership knew Martindale enjoyed with Plaintiff
Parker.
16. Martindale and the
Way Leadership also falsely represented to Plaintiff Parker that she owed a
duty to serve the physical needs of Defendant Martindale notwithstanding her
marriage vows and the teachings of The Way. These false representations were
made by Martindale and the Way Leadership while they occupied a position of
trust and confidence and were ratified by TWI.
17. In reliance upon
these promises as aforesaid and representations concerning her duty,
Plaintiff Parker continued to work for TWI, allowed Martindale to continue to
exploit her sexually and otherwise continued to benefit TWI and the Way
Leadership.
COUNT
FOUR
(Unjust
Enrichment)
18. Plaintiff Parker
incorporates and realleges each, every and all of the allegations contained
hereinabove as if fully set forth herein and further states that as a direct
and proximate result of her efforts, Defendants TWI, Martindale and Way
Leadership have been unjustly enriched in an amount to be determined at
trial.
COUNT
FIVE
(Civil
Conspiracy)
19. Plaintiff
incorporates and realleges each, every and all of the allegations contained
hereinabove as if fully set forth herein and further states that at all times
pertinent hereto, Defendants the Way, and the Way Leadership were acting in
concert to achieve an unlawful purpose which would have been impossible for
any single Defendant to accomplish alone.
20. Defendants actions
were in support and furtherance of this conspiracy.
21. As a result of
Defendants conspiracy, Plaintiff has been defrauded of money, and other
things of value.
22. Each Defendant
knew, or should have known, that his or her wrongful acts were in furtherance
of a common purpose and/or conspiracy.
23. As a direct and
proximate result of the civil conspiracy accomplished by Defendants,
Plaintiff has been damaged in an amount much more than $25,000.00.
COUNT SIX
(Racketeer
Influence and Corrupt Organization)
24. Plaintiff
incorporates and realleges each, every and all of the allegations contained
hereinabove as if fully set forth herein and further states that at all times
pertinent hereto, Defendants The Way was an "enterprise" as defined
in Revised Code §2923.31.
25. Defendants TWI,
through the Way Leadership engaged in a "Pattern of Corrupt
Activity" as defined in Revised Code §2923.3 1; including, but not
limited to, acts of theft, fraud, coercion, assault and rape.
26. As a direct and
proximate result of the pattern of corrupt activity of Defendant s, Plaintiff
has been damaged and injured in an amount much more than $25,000.00.
WHEREFORE, Plaintiff
Ms. Parker demands judgment against Defendants, jointly and individually:
1. in an amount in excess of $25,000;
2. punitive damages
3. her reasonable
attorneys fees;
4. and such other and
further relief as this Court shall deem just and/or equitable.
JURY
DEMAND
Plaintiff
demands trial by jury on all issues.
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