| COUNT
ONE
(Breach
of Contract)
6.
Beginning at the inception of their affiliation with The
Way, and continuing throughout, The Way and Way
Leadership represented and promised to Plaintiffs
Mrs. Allen and Mr. Allen that if they adhered to the
principles of The Way, they would be provided with
specific financial and material benefits.
7.
In reliance on the representations and promises of The
Way and Way Leadership, Plaintiffs abandoned their
family, friends and employment, underwent training in
the "Way Corps" at their own expense, declared
bankruptcy, agreed to become full-time employees of The
Way and agreed to defer compensation for their services.
8.
The Way Leadership and The Way breached their contract
with Plaintiffs by creating impossible working
conditions including requiring Plaintiffs to submit to
sexual assault as a condition of continued employment.
9.
As a direct and proximate result of Defendants’ breach
of their contract, Plaintiffs have been injured and
damaged in an amount exceeding Two Million Dollars each.
COUNT
TWO
(Assault
and Intentional Infliction of Emotional Distress)
10.
Plaintiffs incorporate and reallege each allegation
contained hereinabove as if fully set forth herein and
further state that the Way Leadership Defendants
understood that, as a result of the extreme and
torturous methods used to control adherents to The Way,
(which included fraud, coercive persuasion, sleep
deprivation and other forms of physical and
psychological abuse), they occupied a position of trust
and confidence with respect to Plaintiffs.
11.
Beginning in 1996 and continuing thereafter until March
1999, Defendant Martindale, and Defendant Bidon, acting
as procuress for Defendant Martindale, wilfully and with
malice, began a campaign to coerce Plaintiff Mrs. Allen into engaging in sexual activity with Defendant
Martindale. Through the undue influence and
psychological control referred to hereinabove,
Defendants Martindale, Bidon and others eventually
succeeded in sexually victimizing Plaintiff Mrs. Allen.
12.
Because of the control which Defendants Martindale,
Bidon and the other members of The Way leadership
exerted over Plaintiffs, Plaintiff Mrs. Allen was
incapable of consenting to such sexual activities.
13.
During these times. the Way Leadership Defendants were
acting within the course and scope of their agency for
The Way and attempted, in their capacity as leaders of
The Way, to excuse, justify or conceal their outrageous
behavior.
14.
As a direct and proximate result of the outrageous
conduct of The Way and its Way Leadership, Plaintiffs
suffered humiliation, embarrassment, opprobrium and
other severe emotional distress.
15.
As a direct and proximate result of Defendants’
tortious acts as aforesaid, Plaintiffs have been damaged
in an amount in excess of Five Million Dollars each.
COUNT
THREE
(Fraud
in a Fiduciary Capacity; Breach of a Fiduciary Duty)
16.
Plaintiffs incorporate and reallege each allegation
contained hereinabove as if fully set forth herein and
further state that Defendants The Way and the Way
Leadership have misused their fiduciary relationship
with Plaintiffs to defraud Plaintiffs of money and other
things of value.
17.
Defendants The Way and the Way Leadership have misused
their fiduciary relationship with Plaintiffs to subject
Plaintiffs to humiliation for their own personal
amusement and gratification.
18.
As a direct and proximate result of Defendants’
tortious acts as aforesaid, Plaintiffs have been damaged
in an amount in excess of Five Million Dollars each.
COUNT
FOUR
(Defamation)
19.
Plaintiffs incorporate and reallege each allegation
contained hereinabove as if fully set forth herein and
further state that on March 24, 1999, Rev. Linder,
informed Paul that he and his wife had been designated
as "mark and avoid" by The Way Leadership.
20.
A 'follower' tabbed as mark and avoid is debased,
denigrated, accused of being lower than low,
untrustworthy, dishonest, dangerous to himself and
others, disparaged and all associations with other
followers (whether business or personal) terminate by
direction of Defendants Way Leadership.
21.
The Way Leadership Defendants published to other members
of the Way community that Plaintiffs had been designated
to be marked and avoided.
22.
The statements made were false, Defendants knew them to
be false before they were made and Defendants made the
statements with the intention to damage Plaintiffs’
good name and reputation.
23.
As a direct and proximate result of the defamatory
statements made, Plaintiffs have been damaged in an
amount in excess of Five Million Dollars each.
COUNT
FIVE
(Civil
Conspiracy)
24.
Plaintiffs incorporate and reallege each allegation
contained hereinabove as if fully set forth herein and
further state that at all times pertinent hereto,
Defendants The Way, the Way Leadership and John Does 1 -
50 were acting in concert to achieve an unlawful purpose
which would have been impossible for any single
defendant to accomplish alone.
25.
Defendants’ actions were in support and furtherance of
this conspiracy
26.
As a result of Defendants conspiracy, Plaintiffs have
been defrauded of money and other things of value,
assaulted, tortured and defamed.
27.
Each Defendant knew that his or her wrongful acts were
in furtherance of a common purpose or conspiracy.
28.
As a direct and proximate result of the civil conspiracy
accomplished by Defendants, Plaintiffs have been damaged
in an amount in excess of Five Million Dollars each.
COUNT
SIX
(Racketeer
Influenced and Corrupt Organization)
29.
Plaintiffs incorporate and reallege each allegation
contained hereinabove as if fully set forth herein and
further state that at all times pertinent hereto,
Defendants The Way was an "enterprise" as
defined in Revised Code §2923.31.
30.
Defendants The Way, through the Way Leadership and John
Does 1-50 engaged in a "Pattern of corrupt
activity" as defined in Revised Code §2923.31.including,
but not limited to acts of theft, fraud, coercion,
assault and rape.
31.
As a direct and proximate result of the pattern of
corrupt activity of Defendants, Plaintiffs have been
damaged and injured in an amount exceeding Five Million
Dollars.
WHEREFORE
, Plaintiffs The Allens demand judgment
against Defendants, jointly and individually:
in
the amount of Two Million Dollars on the First Count of
their Complaint;
in
an amount to be determined at trial on the remaining
counts of their Complaint;
punitive
Damages;
attorneys’
fees;
and
such other and further relief as this Court shall deem
just or equitable
JURY
DEMAND
Plaintiffs
demand trial by jury on all issues. |
