Kelly Clark: Child Sex Abuse Attorney, Portland, Oregon

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Lawsuits to be filed against Boy Scouts and Mormon Church

By

Tom Hallman Jr., The Oregonian

A Portland attorney who has filed multi-million dollar lawsuits over the years on behalf of hundreds of adults who claimed they were sexually abused as children said Sunday night he plans to file similar lawsuits Monday morning in three states.

The suits allege abuse by the Mormon Church and the Boy Scouts in San Francisco, Portland and Seattle, said Kelly Clark,  who has represented victims of Jesuit priest abuse. Clark alleges three boys were allegedly abused in San Francisco, one in Portland and another in Seattle, all while participating in the Boy Scouts. He said the Boy Scout program has been a part of the Mormon church’s official men’s program for decades.

"There is a close connection," Clark said. "The Mormon church sponsors 50 percent of the Boy Scout troops in the Western United States."

Oregon church leaders were unavailable for comment. The operator at the national headquarters of The Church of Jesus Christ of Latter-day Saints in Salt Lake City, Utah, said no one would be available to discuss the suits until Monday.

Clark said he planned to file the first suit in San Francisco and then travel north Monday to Portland and then Seattle.

Clark said the alleged abuse took place in the late 1970s and early 1980s. He claimed the alleged abuse occurred over a period of years.

Abuse lawsuit names Mormons, Boy Scouts

NevadaAppeal.com

SAN FRANCISCO (AP) — The Mormon church and Boy Scouts of America were named as defendants in lawsuits Monday claiming childhood sexual abuse by youth leaders decades ago.

Alleged victims filed suits against both organizations in San Francisco and Seattle, and against the church alone in Portland, Ore.

The plaintiffs are all represented by Portland attorney Kelly Clark, who has brought similar suits against the church and the Boy Scouts in the past.

In the suit filed in San Francisco Superior Court, three brothers claim the church ignored their complaints about being molested by their Silicon Valley Boy Scout and Mormon youth leader in the 1970s and 1980s.

“These are men who believe in the best of these institutions and believe that this kind of lawsuit can help improve these institutions and prevent child abuse,” Clark said. “This is not a lawsuit they brought lightly, but it is one they intend to see through.”

The plaintiffs, identified only as John Does, claim they were molested hundreds of times by 65-year-old William Eugene Knox, who married their mother while the abuse was taking place in Sunnyvale, Calif.

A law firm in Canton, Ga., contacted by The Associated Press said it was no longer representing Knox, a Georgia resident. His phone number could not be located.

Clark said the suit was filed weeks ago, but the defendants were only named Monday after a San Francisco judge certified evidence allowing them to be identified publicly. He said a jury would determine the specific amount of any possible damages.

One of the plaintiffs was still a devout member of the church, and two have served as scoutmasters. Clark said one was a former FBI agent.

San Jose attorney Allen Ruby, representing the church in Northern California, said he was not aware of a case in which courts have found a church liable for abuse committed by a family member.

“The allegations in this case are the plaintiffs were abused by their stepfather,” Ruby said. The church will defend itself against the suit, he said.

Kent Downing, chief executive of the Boy Scouts’ Pacific Skyline Council, said he could not comment because he had not seen the lawsuit.

In the Seattle case, a man now in his early 40s claims he and other boys were abused in the late 1970s by Dustin Hall, an assistant scoutmaster chosen by the church’s Shelton Ward near Olympia.

The plaintiff said in a statement released through his lawyer that the abuse — and his failure to protect the others — haunts him.

Hall could not immediately be reached for comment. It was not clear if he still lives in the area or whether he has an attorney. The Pacific Harbors Council of the Boy Scouts did not immediately return a call seeking comment.

Chuck Gordon, a Seattle-based lawyer for the church, said it would investigate the complaint and act accordingly.

“While we do sympathize with all victims of abuse, the church will defend itself against any accusation it deems to be false,” Gordon said.

The lawsuit filed in Portland on behalf of a man who is now 46 claims a Mormon youth leader abused him between 1974 and 1977. The suit claims the abuse was reported to a church bishop but never communicated to law enforcement.

A lawyer for the church, Steve English, said the church “absolutely and unequivocally” condemns sex abuse and will investigate.

The lawsuit identified the youth leader as Michael Simms and seeks nearly $5 million in damages. Efforts to locate Simms were not successful.

Clark said the plaintiffs were filing civil lawsuits in part because the statute of limitations for bringing criminal charges had expired.

———

Associated Press Writers Gene Johnson in Seattle, William McCall in Portland, Ore., and Jennifer Dobner in Salt Lake City contributed to this report.

Mormon Church Named in Childhood Sex Abuse

KMJ 580 AM

By Margaret Carrero

Another religious leader is being accused of sexually molesting young boys — and this time — the Mormon Church is under fire.

On Monday, three brothers named the Mormon Church and the Boy Scouts of America in the Bay Area city of Sunnyvale in a lawsuit, claiming they were sexually abused as children in the late 70s and 80s.

One of the brothers decided to file suit after their alleged abuser, William Eugene Knox, now 65, moved into his hometown.

Attorney Kelly Clark says "…that got him really stirred up and he started thinking and talking about his childhood abuse.. he started working with a counselor and one thing lead to another and he decided that he needed to get this secret out."

Clark says Knox, a leader in the Mormon Church and a Boy Scouts Master, worked his way into the boys’ lives knowing their mother was divorced "…Knox comes along and he’s a big wig in the local church… he played a profound role in these kids’ lives… at some point he began dating their mother… some significant time after the abuse began is when he married their mother."

The lawsuit claims the boys were molested from the time the younest boy was seven and the oldest was 12 and continued for at least seven years.

The suit also alleges that leaders of the Mormon Church were made aware of the alleged abuse back in 1983, but it was never reported to law enforcement authorities.

While the statute of limitations has passed to criminally charge Knox for the alleged abuse, Clark says the brothers came forward to help prevent child abuse, to help themselves heal and to have the Mormon Church "acknowledge and accept resposibility for what happened to them."

Oregon man filing suit against Mormon church

By KATU.com Staff and News Sources

PORTLAND, Ore. - The attorney at the center of a number of high-profile cases against the Mormon church plans to file another round of lawsuits Monday.

A case against the Church of Jesus Christ of Latter Day Saints - also known as the Mormon church - will be filed in Portland’s Multnomah County Circuit Court Nov. 16, according to Rebecca Tweed, who handles media relations for the Portland law firm O’Donnell Clark & Crew. The attorney representing this civil case is Kelly Clark with O’Donnell Clark & Crew.

The suit is being filed on behalf of an Oregon man. The man alleges sexual abuse as a child at the hands of a Mormon church youth leader. 

This is one of a handful of related abuse lawsuits Tweed tells KATU that Clark will file in San Francisco, Seattle and other West Coast towns Monday against the Mormon Church. Four of the suits also name the Boy Scouts as defendants.

In 2007, Clark represented six Portland men who filed a lawsuit against the Mormon Church and the Boy Scouts of America seeking $25 million in damages for alleged sexual abuse in the 1980s. Clark reportedly obtained several trial court rulings and a state Supreme Court win in that suit.

Other cases represented by Portland attorney Kelly Clark.

Mormon Church, Boy Scouts Sued For Sex Abuse In SF Court

San Francisco Appeal

Three former Sunnyvale residents announced today they have sued the Mormon church, the Boy Scouts of America and their stepfather in San Francisco Superior Court for alleged childhood sexual abuse.

The three men, who are brothers now aged 39, 41 and 43, claim that William E. Knox, 65, a Mormon church and Boy Scouts leader, molested them repeatedly in Sunnyvale between 1977 and 1987.

A brother identified as John Doe 2, who now lives in Georgia, said, "I’m a victim and a survivor of childhood sexual abuse. It was devastating to me. I’ve been abused hundreds of times over several years."

The brother alleged, "During the abuse, I told the church leadership responsible to protect me and they did nothing to protect me."

Knox married the brothers’ mother in 1979 and remains married to her, but the brothers are now estranged from Knox and their mother, according to Kelly Clark, a lawyer for the men.

The lawsuit alleges that before the marriage, Knox used his position as a church elder and youth leader to begin abusing them when they were members of a church-chartered Boy Scouts troop for which he was assistant leader. The molestation began during individual sleepovers at Knox’s Sunnyvale apartment, according to the lawsuit.

After the marriage, the sexual assaults allegedly continued at the family’s Sunnyvale home, in Knox’s car on trips to church and Boy Scouts activities, and during Scouts camping trips, according to the lawsuit.

The alleged abuse included fondling, child masturbation and oral copulation, the lawsuit said.

The lawsuit was filed about two weeks ago, but under state law the identity of the defendants could not be revealed publicly until a Superior Court judge ruled last week that the plaintiffs had provided enough corroborating evidence to allow disclosure of the defendants.

Two of the brothers now live in Georgia and the third in Colorado. They announced the lawsuit at a news conference at the Civic Center Plaza near the Superior Court courthouse.

They said they filed their lawsuit now because they became aware of the psychological effects of the abuse after they learned last December that Knox and their mother had moved to the same Georgia town where two of them live.

They said that caused them to begin for the first time to connect the psychological and emotional problems they suffered as adults to the alleged childhood abuse.

John Doe 1 said, "When I saw him in a car as he drove by, I literally began shaking."

Allen Ruby, a San Jose lawyer representing the church, said, "Any allegation of childhood abuse is a serious matter," but said, "The church will defend itself."

Ruby said, "The law does not make a church responsible for the conduct of a stepfather toward his children."

Deron Smith, a spokesman for Boy Scouts of America, said, "We’ve not seen the lawsuit and there is not a whole lot we can say at this point."

The lawsuit contends that the Mormon church and the Boy Scouts are liable because Knox was acting as an agent of both. It says the boys told local church officials and the Boy Scouts of the alleged abuse in 1984 and informed a church counselor in 1985 but alleges that the molestation was never reported to law enforcement authorities.

The suit also alleges the church and Boy Scouts were aware that Knox had shown a propensity to abuse boys when he lived in San Diego before moving to Sunnyvale in the early 1970s.

The lawsuit seeks an unspecified amount of financial compensation. Clark said the men filed a civil lawsuit because the statute of limitations for a criminal prosecution has passed.
The brothers said they are seeking to hold the institutions accountable and to prevent molestation of other children.

John Doe 2 said, "I stand here today for children who will lay their head on their pillows tonight, shedding tears, knowing they will wake up to face their abusers again and again. If I can save just one child from childhood sexual abuse, I will have succeeded."

The lawsuit alleges that John Doe 1 was sexually abused from 1977 to 1982, John Doe 2 from 1977 to 1986 and John Doe 3 from 1977 to 1987.

It says that a high school friend who was a fellow Mormon and Scout member told John Doe 2 in 1983 that he had allegedly been abused by Knox.

The brothers said that Knox and their mother operated a now-defunct day care center at their home in Sunnyvale, known as Little Angel Day Care and Creative Play, for about 15 years, including during years when brothers were allegedly abused.

Clark said the lawsuit was filed in San Francisco because state law allows lawsuits to be filed in any county in which the defendants due business.

Men file abuse suits against Mormons, Boy Scouts

Associated Press

By MARCUS WOHLSEN

SAN FRANCISCO — The Mormon church and Boy Scouts of America were named as defendants in lawsuits Monday claiming childhood sexual abuse by youth leaders decades ago.

Alleged victims filed suits against both organizations in San Francisco and Seattle, and against the church alone in Portland, Ore.

The plaintiffs are all represented by Portland attorney Kelly Clark, who has brought similar suits against the church and the Boy Scouts in the past.

In the suit filed in San Francisco Superior Court, three brothers claim the church ignored their complaints about being molested by their Silicon Valley Boy Scout and Mormon youth leader in the 1970s and 1980s.

"These are men who believe in the best of these institutions and believe that this kind of lawsuit can help improve these institutions and prevent child abuse," Clark said. "This is not a lawsuit they brought lightly, but it is one they intend to see through."

The plaintiffs, identified only as John Does, claim they were molested hundreds of times by 65-year-old William Eugene Knox, who married their mother while the abuse was taking place in Sunnyvale, Calif.

A law firm in Canton, Ga., contacted by The Associated Press said it was no longer representing Knox, a Georgia resident. His phone number could not be located.

Clark said the suit was filed weeks ago, but the defendants were only named Monday after a San Francisco judge certified evidence allowing them to be identified publicly. He said a jury would determine the specific amount of any possible damages.

One of the plaintiffs was still a devout member of the church, and two have served as scoutmasters. Clark said one was a former FBI agent.

San Jose attorney Allen Ruby, representing the church in Northern California, said he was not aware of a case in which courts have found a church liable for abuse committed by a family member.

"The allegations in this case are the plaintiffs were abused by their stepfather," Ruby said. The church will defend itself against the suit, he said.

Kent Downing, chief executive of the Boy Scouts’ Pacific Skyline Council, said he could not comment because he had not seen the lawsuit.

In the Seattle case, a man now in his early 40s claims he and other boys were abused in the late 1970s by Dustin Hall, an assistant scoutmaster chosen by the church’s Shelton Ward near Olympia.

The plaintiff said in a statement released through his lawyer that the abuse — and his failure to protect the others — haunts him.

Hall could not immediately be reached for comment. It was not clear if he still lives in the area or whether he has an attorney. The Pacific Harbors Council of the Boy Scouts did not immediately return a call seeking comment.

Chuck Gordon, a Seattle-based lawyer for the church, said it would investigate the complaint and act accordingly.

"While we do sympathize with all victims of abuse, the church will defend itself against any accusation it deems to be false," Gordon said.

The lawsuit filed in Portland on behalf of a man who is now 46 claims a Mormon youth leader abused him between 1974 and 1977. The suit claims the abuse was reported to a church bishop but never communicated to law enforcement.

A lawyer for the church, Steve English, said the church "absolutely and unequivocally" condemns sex abuse and will investigate.

The lawsuit identified the youth leader as Michael Simms and seeks nearly $5 million in damages. Efforts to locate Simms were not successful.

Clark said the plaintiffs were filing civil lawsuits in part because the statute of limitations for bringing criminal charges had expired.

Associated Press Writers Gene Johnson in Seattle, William McCall in Portland, Ore., and Jennifer Dobner in Salt Lake City contributed to this report.

Ore. man claims sex abuse by Mormon youth leader

KTVZ.com

Associated Press - November 16, 2009 2:45 PM ET

PORTLAND, Ore. (AP) - A Mormon youth leader in Oregon has been accused of sexually abusing a boy in the mid-1970s in a lawsuit filed Monday in Portland.

The lawsuit filed by Portland attorney Kelly Clark on behalf of a man who is now 46 alleges the abuse occurred repeatedly between 1974 and 1977 in Woodburn.

The lawsuit claims the youth leader for the Church of Jesus Christ of Latter-day Saints was a music teacher at the time, and the abuse was later reported to a church bishop.

But the complaint alleges that no abuse was reported to law enforcement.

A lawyer for the church, Steve English, said the church "absolutely and unequivocally" condemns sex abuse and will investigate.

The lawsuit identified the youth leader as Michael Simms and seeks nearly $5 million in damages.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

 

Mormon Church Official Accused of Molestation

KCBS.com

SAN FRANCISCO (KCBS)  — A suit filed in San Francisco Superior Court accuses the Mormon Church and the Boy Scouts of America of covering up sexual abuse. The three men filing the suit are coming forward after three decades of silence.

The suit claims the three brothers were children when they told the Mormon church that they had been abused hundreds of times by church official, Eugene Bill Knox, who was also their Boy Scout leader. Kelly Clark is their attorney.

ListenKCBS’ Barbara Taylor reports

"Most child abuse survivors shove this away and it becomes a secret," he said.

Knox brought the family into the church and married their mother. They say they don’t blame her, but they definitely blame the church and the Boy scouts.

"The Mormon Church failed," one said. "They betrayed me."

The brothers, who grew up in the South Bay, have declined to give their names and are identified in the suit as John Does. This is one of three sex abuse suits filed against the Mormon Church this week. The others are in Portland and Seattle.

Mormon Brothers Unload Dark Tale of Sex Abuse

Church figure, Boy Scout leader accused
By Joe Rosato Jr
NBCBayArea

There wasn’t much about the three men, other than their considerable height, that drew even the most casual glance in San Francisco’s Civic Center Plaza. They walked slowly across the plaza Monday, a vague similarity imbrued in each face.

But each brother carried an identical dark secret left over from childhood.

Today they stood before TV cameras and reporters, and unloaded a dark secret for anyone to hear. “I have come forward today to give the church that I love,” said one of the brothers, identified as John Doe 1, “the opportunity to realize that what they did to me what was wrong.”

The brothers, who are identified in court records only as John Does 1, 2, and 3, allege they were sexually molested by a Sunnvale Mormon and Boy Scout leader in the late 1970s and early 1980s.

Their tale has another twist: The man they say destroyed their youth is also their stepfather.

Their lawsuit, filed in San Francisco Superior Court, accuses the Church of Jesus Christ of Latter-Day Saints and the Boy Scouts of knowing about the abuse, but failing to stop it. The men, now in their late 30s and early 40s, say they told church leaders at the time what was happening, but no one did anything.

“I love this church … but the Mormon Church failed,” said Doe 1. “They betrayed me. When I told my childhood leader of the abuse, they did nothing. “

The suit identifies William Knox, 65, as the alleged abuser. Attempts to reach him and his attorney were unsuccessful. An attorney for the church said any allegation of childhood abuse is a serious matter, but noted that the law doesn’t make a church responsible for the conduct of a stepfather toward his children

The brothers are now estranged from their mother, who is still married to Knox. They said when they were children they tried to tell her what was happening to them.

“My mother knew, I told her,” said Doe 3. “I believe she relied on the church to help her and they did nothing.”

The brothers say the pain over what happened to them as children welled up in recent years. It’s the reason they’ve come forward now. They hope the airing of their story might help other children caught in the same situation.

Brothers accuse Mormon Church of abuse, file suit

By Wayne Freedman

ABC7News

Three brothers filed a lawsuit in San Francisco containing allegations against both the Mormon Church and the Boy Scouts. They claim they were victims of sexual abuse in the 70s and 80s that the church knew about and ignored.

Attorneys also filed similar lawsuits in Washington and Oregon on Monday, representing other plaintiffs against the Mormon Church and the Boy Scouts.

The men in the San Francisco case moved away from the South Bay many years ago, but filed here because they claim the crimes happened in Northern California.

In the most public of places, outside San Francisco City Hall, three brothers held a press conference revealing the most private and intimate issue of their lives.

"Child sexual abuse is a crime committed in silence, covered up through secrecy and shame," said plaintiff John Doe No.1.

In the civil case filed in San Francisco Superior Court on Monday, they’re identified only as John Doe No. 1, No. 2 and No. 3.

All three are suing the Mormon Church and the Boy Scouts of America for allowing Bill Knox to molest them while serving as their church bishop, scoutmaster and later as their stepfather when they lived in Sunnyvale in the 70s and 80s.

They say the Mormon Church is liable because they complained of the abuse and the church covered it up.

"We told our childhood church leaders. They did nothing. They hid it," said John Doe No. 1.

"We are alleging that the Mormon Church and the arm of the Mormon Church, the Boy Scouts of America, and several other individuals are negligent and they also have responsibility under what we call vicarious liability," said attorney Lisa Sapcoe.

The Boy Scouts of America said they could not respond to the charges because they had not seen the complaint.

An attorney for the Mormon Church described the allegations as "serious, but the law does not impose responsibility on the church for the kind of claims that are made on this."

All three men live out of state now, two of them in Georgia. They finally came forward and filed the suit when Mr. Knox moved near them.

"When I realized he was in my community and I saw him in a car when I drove by, I literally shook. I am a 44-year-old man. I literally shook at his presence," said John Doe No. 1.

"We decided together that we can no longer let other children suffer through what we have suffered through," said John Doe No. 2.

The men’s mother still lives with Mr. Knox. They said she was aware of the abuse and trusted the church to fix it.

Two of the men filing suit are dentists and the third is an FBI agent.

(Copyright ©2009 KGO-TV/DT. All Rights Reserved.)

SEATTLE — A man has sued the Mormon church and the Boy Scouts, claiming he and many other boys were abused by a church-sponsored assistant scoutmaster in the late 1970s.

The lawsuit was filed in King County Superior Court in Seattle - one of a handful filed up and down the West Coast on Monday by Portland, Ore., attorney Kelly Clark. The man, who remains unidentified, claims that he was abused more than 30 times in 1978-79 by Dustin Hall, who was picked for the assistant scoutmaster job by the church’s Shelton Ward near Olympia.

The plaintiff, who was 13 at the time, says the abuse haunts him still - as does his failure to protect others, some of whom were even younger.

Chuck Gordon, a Seattle-based lawyer for the church, said Monday the church would investigate the complaint and "act accordingly."

It was not immediately clear how to contact Hall, whether he still lives in the area or whether he has an attorney.

A man who claims he was molested as a camper sues Boy Scouts

By Aimee Green,
The Oregonian

October 26, 2009

A man who claims he was molested by a Boy Scouts’ camp ranger in the 1970s is suing the organization for $5.15 million.

The man, who is now in his late 40s, says he was in his early teens when the ranger of the former Camp Mallard in Oregon sexually abused him during visits on weekends and in the summer. The suit claims that Edward Elston  sometimes gave his victim — identified only by the initials S.M. — money to keep quiet or threatened to hurt him if he told.

Elston was not charged with a crime. The plaintiff’s attorney, Kelly Clark,  said he believes Elston is dead.

The suit was filed Friday in Multnomah County Circuit Court. It is one of 11 filed in Oregon against the Boy Scouts of America by Clark in the last few years, on behalf of clients who say they were molested as children. All the suits are still pending.

S.M.’s suit claims that the Boy Scouts organization knew at least by the 1960s that pedophiles were using their scouting positions to victimize children and that the problem was institution-wide. "Despite this knowledge, these defendants did not implement adequate child sex abuse policies" by the time S.M. joined the Scouts.

The man didn’t realize how deeply the abuse had affected him psychologically until 2008, after extensive therapy sessions, Clark said.  

The Cascade Pacific Council, which is also named as a defendant in the suit, couldn’t be reached for immediate comment.

– Aimee Green

Burnsville scoutmaster’s behavior made parents wary

In scouting, trust is important, and troops act as a family to address problems. How did that backfire in Burnsville?

By JOY POWELL
Minneapolis Star Tribune
October 24, 2009

Over the past half-dozen years or so, a few parents of Boy Scouts in Burnsville learned things that bothered them about Peter Stibal II, the scoutmaster now jailed on charges that he molested three scouts.

They learned that he had been alone with individual scouts — at the movies, in his truck for private "driving lessons," at his cabin and in his home — all violations of scouting’s "two-deep" policy, which requires two adults to be present during scout activities.

John Nelson of Burnsville and other parents complained to local Troop 650 volunteer leaders. Nelson said those leaders admonished Stibal to stop violating the policy. But Kent York, an official for scouting’s regional umbrella organization, said the violations weren’t reported higher up the organizational chain, as they should have been.

"If any concerns had been shared with Northern Star Council, we have very specific procedures in place that we follow," York said. "No, none of the concerns had been shared with us."

(more…)

ABC News - Oregon Woman Sues Over Foster Care Sex Abuse

 ABC News - Oregon Woman Sues Over Foster Care Sex Abuse

Woman that was placed in family with sex offender sues DHS

KATU.com
By Associated Press

PORTLAND, Ore. (AP) - A 19-year-old woman has filed a $5.25 million lawsuit against the Oregon Department of Human Services claiming she was sexually abused as a child after the agency placed her with her foster grandfather.

Portland attorney Kelly Clark, who filed the complaint for the woman, said the foster grandfather had been twice convicted and sent to prison on child rape charges.

Clark alleges the state agency was negligent for placing the victim with the grandfather without adequately investigating. The lawsuit filed Wednesday in Multnomah County Circuit Court claims the abuse occurred repeatedly between the ages of 5 and 9.

The complaint names the Department of Human Services and two unidentified caseworkers as defendants.

“They Should Have Known”: Abused Foster Child Sues State Department of Human Services

Posted by Sean Breslin
PortlandMercury.com
September 2, 2009

Wednesday morning started bleakly for the Oregon Department of Human Services Children and Families Division—at 10AM a woman known only as “B.D.” filed suit against the Division and two of its caseworkers seeking $5 million in damages for years of abuse.

According to the complaint, Children and Family Services (CAF) removed the woman from her natural parents’ home around 1993, when she was four years old. B.D. was placed in the care of her maternal grandmother and her grandmother’s husband, David Purcell. For years, B.D. endured rape and abuse at the hands of Purcell and eventually came forward about the abuse in 1999, at the age of 10. Purcell is currently serving prison time for his crimes against her.

But then this August, B.D. discovered that she was not the first person Purcell abused: he had been previously convicted in 1980 of raping his 14-year-old daughter and in 1987 of rape and sodomy related to a stepdaughter.

Learning that, B.D. wanted to hold the state accountable for putting her in an abusive situation. The suit she brought on Wednesday claims that CAF failed in its duty to provide “safe and appropriate foster care,” and that the two caseworkers (named “John Doe I” and “John Doe II” in the complaint) had “constructive knowledge” about Purcell’s past convictions. Attorney Kelly Clark, who is representing B.D., explains the case in blunter terms.

“They should have known. That’s what it means,” Clark says.

Clark says he is confident that legal pressures have forced change in many private institutions like the Catholic Church, but that public systems like foster care remain largely unscrutinized. He hopes this case will bring a change in policy, but he’s not holding his breath for a genuine change of heart at DHS. “If it has to be done because they’re afraid of liability or afraid of bad publicity, I don’t really care. I want them to do the right thing.”

Read on for more details about the case.

Because of statutory limitations, Clark is bringing the suit as both an instance of alleged negligence by the state, and as a violation of B.D.’s civil rights. According to Clark, negligence cases cannot be pursued more than two years after the victim has become "reasonable aware" of her right to sue, but there are no statute of limitations on federal civil rights law.

“One of the reason’s [lawsuits like this] have not been common is because the law is so dang convoluted. The state has made it very difficult to sue the state,” says Clark.

The Oregon Department of Human Services did not immediately return calls about the suit.

Lawsuit blames Oregon for foster child’s sexual abuse

By ANNE YEAGER, Kgw.com

PORTLAND, Ore. — A 19-year-old woman has filed a $5.25 million lawsuit against the Oregon Department of Human Services claiming she was sexually abused as a child after the agency placed her with her foster grandfather.

In the lawsuit, the woman accuses DHS of negligence for placing her with David Purcell, a man twice convicted and sent to prison on child rape charges.

Purcell was husband to the woman’s paternal grandmother, according to the lawsuit, filed by Portland attorney Kelly Clark.

The lawsuit alleges that DHS did not adequately investigate Purcell’s past and that the victim was “severely sexually abused” repeatedly from 1993 to 1997.

“(Purcell) repeatedly raped and molested her on scores of occasions when she was aged 5 through 9,” the suit alleged.

She reported the abuse when she was 10, according to the lawsuit.

Purcell was convicted of rape in 1980 and 1987. He was convicted for sexually assaulting the victim and remains in prison, Clark said.

“She doesn’t trust men, she doesn’t like to be touched.  By first glance, she may look like a normal 19-year-old, but the demons start to show. “ said Kelly Clark, the woman’s attorney.

The complaint names the Department of Human Services and two unidentified caseworkers as defendants.

On Wednesday, the state responded to the lawsuit with a statement.

“DHS has made improvements and is continuing to make improvements to keep children in foster care safe and to prevent the abuse and neglect of children in the first place,” the statement said.

The Associated Press contributed to this article.

Oregon woman sues state, alleging foster abuse

KTVZ.com

Associated Press - September 2, 2009 3:25 PM ET

PORTLAND, Ore. (AP) - A 19-year-old woman has filed a $5.25 million lawsuit against the Oregon Department of Human Services claiming she was sexually abused as a child after the agency placed her with her foster grandfather.

Portland attorney Kelly Clark, who filed the complaint for the woman, said the foster grandfather had been twice convicted and sent to prison on child rape charges.

Clark alleges the state agency was negligent for placing the victim with the grandfather without adequately investigating. The lawsuit filed Wednesday in Multnomah County Circuit Court claims the abuse occurred repeatedly between the ages of 5 and 9.

The complaint names the Department of Human Services and two unidentified caseworkers as defendants.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Oregon woman sues state, alleging foster abuse

KOIN.com

 

PORTLAND, Ore. (AP) - A 19-year-old woman has filed a $5.25 million lawsuit against the Oregon Department of Human Services claiming she was sexually abused as a child after the agency placed her with her foster grandfather.

Portland attorney Kelly Clark, who filed the complaint for the woman, said the foster grandfather had been twice convicted and sent to prison on child rape charges.

Clark alleges the state agency was negligent for placing the victim with the grandfather without adequately investigating. The lawsuit filed Wednesday in Multnomah County Circuit Court claims the abuse occurred repeatedly between the ages of 5 and 9.

The complaint names the Department of Human Services and two unidentified caseworkers as defendants.

 

©2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.