darrell lovett v. narconon: complaint
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Complaint for Damages
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DAVID E.MILLER (CABAR #294-095)[email protected] &LITTLE,LLP1433 N. Meridian St., Ste 202Indianapolis, IN 46202Office: (317) 721-9214Facsimile: (888) 422-3151
Attorney for Plaintiff
IN THE UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA
DARRELL LOVETT, an In anaResident;
Plaintiff,
vs.
ARCONON INTERNATIONAL, aCalifornia Corporation;ASSOCIATION OF BETTER LIVINGAND EDUCATIONINTERNATIONAL, a CaliforniaCorporation; NARCONON FREEDOMCENTER d/b/a NARCONONFREEDOM TREATMENT CENTER, aMichigan Corporation; & DOES 1-100;ROE CORPORATIONS I-X, inclusive,
Defendants.
Case No.:
REQUEST FOR INJUNCTIVE
RELIEF, COMPLAINT FOR
DAMAGES, AND JURY TRIAL
DEMAND
Count 1: Breach of ContractCount 2: Negligence
Count 3: Fraud
Count 4: Premise Liability
Count 5: Breach of the Fair Labor
Standards Act
Count 6: Request for Injunctive
Relief
I. INTRODUCTION
1. Plaintiff Darrell Lovett (hereinafter Plaintiff) alleges on information
and belief against Association of Better Living and Education International,
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mailto:[email protected]:[email protected]:[email protected] -
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Narconon International, Narconon Freedom Center d/b/a Narconon Freedom
Treatment Center, and Does 1-100, ROE Corporations I-X, inclusive, the
following:
II. PARTIES
2. Plaintiff is currently a resident of Indiana, but during the various times
over the duration of his treatment periods was a resident of Arkansas. Plaintiff has
resided in Indiana since on or about July 12, 2013.
3. Defendant Narconon International (hereinafter NI) is a California
corporation with its principal place of business is Los Angeles, California.
Narconon International may be served with process through its registered agent,
Sherman D. Lenske, 6400 Canoga Avenue, Suite 315, Woodland Hills, CA 91367.
4. NI is the parent/licensor of Narconon Freedom Center (hereinafter
NFC). NI exercises control over the time, manner, and method in which the
operations and administration of NFCs facility arerun.
5. NI was doing business in the State of California by and through its agent
and subsidiary/licensee NFC. NI may be served with process through its registered
agent, Sherman D. Lenske, 6400 Canoga Ave., Suite 315, Woodland Hills, CA
91367.
6. NFC and NI are subsidiaries of the Association for Better Living and
Education (hereinafter ABLE). ABLE oversees the drug rehabilitation,
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education, and criminal justice activities of the Church of Scientology including,
but not limited to, NFC and NI.
7. Defendant ABLE is a corporation registered in the State of California
with its headquarters in Los Angeles, California.
8. ABLE controls the time, manner, and method of NIs and NFCs
businesses by actively managing their daily operations, including conducting
inspections of Narconon centers and creating, licensing, and approving their
marketing materials.
9. ABLE transacts business in the State of California by and through its
agents, NI and NFC. ABLE may be served with process through its registered
agent, Sherman D. Lenske, 6400 Canoga Ave., Suite 315, Woodland Hills, CA
91367.
10. Defendant Narconon Freedom Center d/b/a Narconon Freedom
Treatment Center, is, and at all times has relating to Plaintiffs injuries was, a
corporation incorporated under the laws of, and with its principal place of business
in, the State of Michigan. Defendant has been at all relevant times transacting
business in Albion, Calhoun County, Michigan. Narconon Freedom Center may
be served with process through its registered agent, Alan Kellman, 645 Griswold,
Suite 1370, Detroit, MI 48226.
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11. At this time, Plaintiff is unaware of the true names and capacities,
whether they are solely individual, corporate, agents, horizontal associations,
contracted medical professionals, or otherwise, Defendant DOES 1-100, inclusive,
and therefore, sues these Defendants by a fictitious name. Plaintiff will seek leave
of the Court to amend this Complaint when the identities of any Defendants are
made known.
III. JURISDICTION AND VENUE
12. This Court has subject matter jurisdiction as it relates to the parties
pursuant to 28 U.S.C. 1332(a). The amount in controversy exceeds $75,000.00.
13. Venue is proper in this Court pursuant to 28 U.S.C. 1391(a) because
there is diversity between the parties as the Plaintiff resides in Indiana, two
Defendants reside in California, and the final Defendant resides in Michigan. The
Supreme Court recently issued the decision inDiamler AG v. Bauman, 134 S.Ct.
746, 2014, stating that a corporation is subject to general personal jurisdiction only
where it is at home. The majority of Defendants reside in Central District of
California; this Court therefore has the jurisdictional authority over this matter.
14. Furthermore, Defendants NI and ABLE have filed a 12(b)(2) motion in a
similar case asserting their desire to avail themselves of the jurisdiction of the
California District Courts. (See Exhibit 1, Defendants 12(b) Motion filed in
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District Court of Nevada, Cause No.: 2:14-cv-00629-JCM-NJK (hereinafter 12(b)
Motion)).
IV. FACTUAL ALLEGATIONS
15. Plaintiff developed an addiction to illegal drugs and his wife sought out
treatment centers to help him getting clean on or around January 2011 while they
were living in Little Rock, Arkansas.
16. Plaintiff had been in and out of the Veterans Affairs Medical (hereinafter
VA) treatment since his time in the military during the Vietnam Era, where his
addiction began. Plaintiffs treatments through the VA were not able to keep him
clean and he frequently relapsed.
17. During the Vietnam Era Plaintiff contracted Hepatitis C, which remained
dormant but a known condition.
18. Plaintiffs wife discovered NI through an internet search of rehabilitation
facilities and reached out to NI to determine if they accepted her insurance. She
emailed through NIs website and was contacted the next day by representatives of
NFC (hereinafter intake counselors) regarding the benefits of attending the NFC
facility over other types of drug treatment facilities. Plaintiffs wife was further
informed of the policies and the general overview of the program. Plaintiffs wife
was informed that the program did accept her insurance at that time and they
pursued the option of having Plaintiff attend the facility by the following day so
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that he could receive treatment for his addiction. From this point forward these
representations were continually made by individuals associated with NFC like
John Walser (Defendant NFCs current President and representative) and the
intake counselors.
19. The information provided to Plaintiff and his wife indicated a high rate of
success with the NI program in the range of 70-80% of those that completed the
program. (See Exhibit 2, Narconon: 40 Years of Evidence of Recovery
(hereinafter 40 Year Study)). The intake counselor especially noted that strict
adherence to the policies and stages of the program would be essential to Plaintiffs
success.
20. The information provided through the NI website and the information
provided by the intake counselor that spoke with Plaintiff and his wife did not
indicate any relationship with Scientology, and never stated that techniques used
were based on the work of L. Ron Hubbard. (SeeNarconons Website,
http://www.narconon.org/about-narconon/faq.html#religious-component,last
visited on 07/21/14. See Exhibit 3, Printed Screen Captures of Narconons
Website (hereinafter Screen Captures)).
21. NIs own website states the following [t]he Narconon program is secular
(non-religious). (See Exhibit 3,Screen Captures at pg. 3 and pg. 5). Despite this
assertion, NFC, NI, and ABLE set out a program based on the teachings of L. Ron
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http://www.narconon.org/about-narconon/faq.html#religious-componenthttp://www.narconon.org/about-narconon/faq.html#religious-componenthttp://www.narconon.org/about-narconon/faq.html#religious-component -
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Hubbard and the Church of Scientology. Patients are unwittingly practicing and
studying the tenets of Scientology in place of counseling for substance abuse, as
set forth in more detail below.
22. Defendants NI and ABLEs own swornpleading provided in the 12(b)
Motion, asserts that the Narconon Program is in fact a faith based healing
program. (See Exhibit 1, 12(b) Motion at pg. 23, ln. 10-11).
23. Plaintiff boarded a bus and road the next day to NFC, located in Albion,
Michigan. Plaintiffs intake occurred at 2:30 a.m. after he was picked up by a
representative of NFC. At the time of his intake, Plaintiff was required to sign all
of the documents presented to him by NFC. He was never provided a copy of
those documents, nor was he adequately allowed to read what he was required to
sign.
24. Plaintiff began detoxification through the standardized program
administered at NFC. At this time NFC and its employees were notified of
Plaintiffs past medical history,particularly his dormant Hepatitis C infection.
25. Plaintiff was seen once by a physician upon his arrival at the Albion
facility. The physician did a basic physical and even though Plaintiff disclosed his
past medical history, the physician never addressed his prior diagnosis of Hepatitis
C prior to the withdrawal treatments beginning.
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26. Plaintiff attended the Albion facility twice, the first time he went through
the program and successfully completed the requirements of the Narconon
Program. At the completion of his treatment he was approached about becoming a
withdrawal specialist counselor and soon after began working as one. Plaintiff
then relapsed and returned to Little Rock, Arkansas after working less than two
months as a counselor. Shortly after that he again reentered the rehabilitation
program at NFC and his rehabilitation was fast tracked. He was able to complete
the process and returned as a withdrawal specialist counselor. Plaintiff then
relapsed a second time on or around July 12, 2013, and sought treatment through
another organization and has been clean as of July 2013.
27. Each time Plaintiff entered the NFC rehabilitation program, NFC
accepted $30,000.00 in insurance payments for the costs of Plaintiffs enrollment
into the facility at Albion, which is nonrefundable. The full extent of insurance
payments made to NFC is not known to Plaintiff but Plaintiff and his wife are
aware that at least $60,000.00 was paid to NFC. Additional funds were repeatedly
solicited from Plaintiffs wifeby NFC.
28. Upon beginning treatment, Plaintiff learned that unlike the VA or other
rehabilitation facilities, NFC and NI will not administer medication to ease the
withdrawal symptoms but instead uses alternative techniques used only in NI based
programs or found in the teachings of Scientology.
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29. Once Plaintiff had completed his drug withdrawal therapy he was
transferred into the rehabilitation portion of the NI program. This portion is
overseen by the NFC staff members and includes a series of exercises that each of
the patients engage in to allegedly help them get past their addiction.
30. During this time, Plaintiff became aware that most, if not all, of the NFC
staff members or counselors were graduates of the NI program. Some of the
staff members had been patients only a few months prior to taking a position as a
counselor. These staff members are now responsible for the care and supervision
of patients with serious substance abuse problems and have no educational
qualifications to support such a position.
31. After each of his successful completions of the NI program, Plaintiff
became one of the withdrawal specialist counselors at NFC. While he completed
the majority of his training, he was never certified as a withdrawal specialist. He
was still given the same level of authority from his supervisors as if he had fully
completed all of the requirements. Plaintiff received training at the Course Room
but because NFC was so understaffed he was unable to complete the required
training forcing him to return and help with the patients suffering withdrawal.
Traditionally, a Gold Seal is awarded to individuals who successfully complete
the training process but one was not given to Plaintiff. He was still granted the full
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powers of a counselor who had received a Gold Seal, and only had marginal
oversight from the supervising Core Counselor while he worked.
32. At most, NFC staff members have no other qualification for working
with individuals who have substance abuse problems other than the fact that they
completed the NI program. NFC staff members have no medical training.
33. NFC does not have adequate on-site medical staff to address the patient
and situational load experienced at their location. A doctor was supposed to make
at least one round at NFC, but this did not always occur. When the doctor did
show he was usually overbooked and incapable of seeing all of the patients that
needed medical oversight. The remaining time there is a single registered nurse
that has an office not associated with the withdrawal portion of the program where
patients are treated.
34. At various times during Plaintiffs stay at NFC, it was common
knowledge that staff members were quarantined off because they continued to
indulge in their addiction to illegal substances. These counselors had successfully
completed the NFC and NI rehabilitation program and were subsequently cleared
to act as counselors over new patients coming in.
35. NFC frequently turned a blind eye to individuals who were able to show
some control while engaging in their addiction so long as they were able to
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function in their work capacity. When quarantined off, a counselor would retake a
portion of the NI program and be cleared by a Core Supervisor to return to work.
36. If a Core Supervisor was found to be engaging in the use of illegal
substance they would not be quarantined off in the same manner as the other lower
level counselors. A Core Supervisor would be required to visit the nearest Church
of Scientology and must receive clearance from them before they were allowed to
return to a NI facility. Core Supervisors from NFC were sent to the Church of
Scientology in Battle Creek to receive their clearance to return to work at the
facility.
37. Plaintiff, himself and others he knew at NFC, regularly engaged in the
use of illegal substances. This continued abuse occurred after each successful
completion of the NI program while he was living and working as a withdrawal
specialist. After the first completion of the NI program, Plaintiff worked as a
counselor for less than two months before he had a full relapse and returned to
Arkansas. The second time, he again relapsed and eventually left because his
addiction grew worse and he was no longer compensated for the work he did as a
counselor.
38. During Plaintiffs time as a counselor, he was paid $50.00 dollars a week
as a counselor prior to his completing the training course and after his completion
he was paid $430.00 dollars a week. His work week during his first stint as a
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withdrawal specialist counselor consisted of assisting with the patient pool during
the course of a week. During each of his shifts, Plaintiff, with the aid of another
withdrawal specialist counselor, would be responsible for at least 15 patients. On
average he was working twelve to fourteen hours a day, seven days a week.
39. Plaintiff upon reentering the NI program after his first relapse was fast
tracked through and become a counselor again with a lighter patient load. The
patient load was reduced during his second stint as a withdrawal specialist
counselor because there was withdrawal of insurances paying for NI programs.
40. Instead of medically recognized substance abuse therapy, patients are
directed to adhere to the NI program of studying eight books written by L. Ron
Hubbard. Patients spend hours most days performing Training Routines contained
within the books. NI and the Church of Scientology refer to the books as
technology or study technology. To complete the objectives of each book a
patient is paired with a twin who must complete the objectives of each book
before either can advance.
41. It is because of this use of the books that NFC and NI pays a licensing fee
to the Church of Scientology through ABLE.
42. Each book in the NI program contains a 3-page About the Author
section. This section provides, in pertinent part:
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L. Ron Hubbards discoveries make it possible for drug users
to recover fully from their addiction. Narconon drug
education and rehabilitation centers around the world use his
techniques exclusively. For over thirty-five years, Narconon
has been setting the pace in the field of drug rehabilitation,
with (per independent studies) a 70 to 80 percent success rate
in helping people to come off drugsandstayoff them.
L. Ron Hubbard departed his body on 24 January 1986. His
breakthroughs in the field of drugs and their effects have
given the planet its first truly workable and successful
method of drug rehabilitation; and through his efforts,
mankind has been provided with realsolutions to the
problems of todays society. (emphases in original).(See
Exhibit 4,Narconon: Learning Improvement Course, Book 3
at pg. 199-201). (See also, Exhibit 6, The Deposition of
Louis Adolph Casal, M.D. taken on March 21, 2012,
(hereinafter Deposition of Dr. Casal) wherein Dr. Casal,
the medical expert hired by Defendant NI and ABLE, states
that he sees no basis to support the success claims made by
Defendants, at pg. 136:21137:9).
43. The books or technology use numerous Training Routines (hereinafter
TR) as teaching tools. TRsare drills or exercises routinely used in Scientology.
Instead of meeting with a counselor or drug therapy specialist, Plaintiff was
required to engage in the use of TRs with his twin as well as other individuals
present during his rehabilitation. Plaintiff, like other individuals at NFC, engaged
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in activities with no apparent connection to the treatment of substance abuse for
hours at a time. The use of TRs and the books of L. Ron Hubbard are a
requirement for a rehabilitation facility to use the Narconon name with the
supervision of ABLE and NI. These books present the tenets of the Church of
Scientology as a form of rehabilitation.
44. NFC and Scientology teach that misunderstood words are the root of
all confusion when studying a subject. To that end, NFC and Scientology require
patients to spend hours clearing or looking up words, often in Scientology or L.
Ron Hubbard dictionaries. Many of these misunderstood wordspatients must
clear are words invented by, or given special meaning within, Scientology.
Examples of such words include doingness, enturbulate, thinkingness,
dope-off, misemotion, divertive, reelingness, not know, randomities,
livingness, creatingness, as-ising, and actingness.
45. NFC staff members use this Scientology-specific language both when
instructing NFC patients, and in ordinary conversation with patients.
46. L. Ron Hubbard quotes, using this Scientology-specific language, are
displayed prominently around the NFC facility in Albion, Michigan.
47. On several occasions members of NFC approached Plaintiff, both while
he was a patient and as a counselor, and attempted to persuade him into converting
to Scientology. These attempts occurred during both of his tenures at the NFC.
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48. These attempts were not made in a casual or indirect way but with the
direct intention of having Plaintiff change his faith.
49. Each patient at NFC is required to undergo the Sauna Program. NI and
NFC call this program the New Life Detoxification program. A patient must
undergo this program to be considered to have completed the Narconon Program.
50. NIs and NFCs New Life Detoxification program is substantially
similar, if not identical, to Scientologys ritual known as Purification Rundown,
or the Purif. The Purification Rundown is part of Scientologys Bridge to Total
Freedom. The Bridge to Total Freedom is the path a practicing Scientologist
moves up to attain the state of Clear. Attaining the state of Clear is often
regarded as the highest goal for a Scientologist.
51. Under NFCs sauna program,patients first exercise vigorously before
entering the sauna each day. On entering the sauna, NFC requires each patient to
ingest increasing doses of Niacin and a vitamin bomb. NFC increasespatients
dosages of Niacin with some exceeding 5,000 mg/daydangerously beyond the
recommended daily allowance.
52. If a patient refuses to ingest the Niacin or other vitamins, the patient faces
discipline, which may include having to spend additional days in the sauna.
53. NFC requires patients to spend four to six hours per day for five weeks in
a sauna at temperatures between 160 and 180 degrees Fahrenheit. Plaintiff spent
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forty-three days in the sauna program at five to six hours per session during his
first rehabilitation period. And during his second attempt at rehabilitation,
Plaintiff again spent somewhere between thirty and thirty-five days in the sauna
program the second time.
54. During this time Plaintiff was started at 100mg/day of Niacin, which was
ramped up as he progressed through the sauna program. Plaintiffs daily dose of
Niacin was increased until by the end of the sauna program he was taking over
1900 mg/daily.
55. At no point during the sauna treatments Plaintiff completed was there
medical personnel there to oversee the health of the patients. There is only a
sauna supervisor who sits outside the sauna while the patients are inside. The
sauna supervisor does not have any medical or specialized training to deal with
potential issues that could arise from health complications brought on by the sauna
program, but serves as a policing force for the patients to ensure their compliance
with the program.
56. Plaintiff experienced severe dehydration, headaches, and persistent
nausea during the sauna program. The Niacin made him feel ill during his times in
the sauna and his general health declined while he was undergoing this portion of
the NI program.
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57. The second duration of Plaintiffs sauna therapy resulted in his
development of a swollen liver and him ending the program sooner than he did the
first time.
58. To date, Plaintiff remains under the care of physicians and medical staff
of the VA to treat the injuries caused by his duration of time spent in the NI
program.
59. NFC represented to Plaintiff and his wife that the treatments they
provided were medically safe and has been scientifically-proven as effective. This
assertion is directly countered by Defendants NI and ABLEs own medical expert
testimony. (See Exhibit 6, Deposition of Dr. Casal). NFCs rationale for the sauna
program is that residue of many different types of drugs remain in the bodys fatty
tissue long after use. The drug residue is released from the fatty tissue from time-
to-time into the bloodstream causing the individual to crave the drug, and,
ultimately, relapse. (See Exhibit 3, Screen Captures, pg. 7). NI, ABLE, and
Scientology assert that the sauna program flushes these residual drug toxins out of
the addicts system thereby reducing the cravings the residue causes.
60. NIs and NFCs claims about the benefits of its sauna program, i.e.,
Scientologys Purification Rundown, are false and do not withstand scientific
scrutiny. Contrary to NIs and NFCs claims, there is no scientific evidence that its
sauna program flushes residual drug toxins out of a patients fatty tissue. NFC, NI,
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and ABLE are all aware that there is no basis for these claims since the Deposition
of Dr. Casal was taken and yet they continue to assert these statements as fact.
(See Exhibit 6, Deposition of Dr. Casal). Nor is there any scientific evidence for
their premise underlying the sauna program: That residual drug toxins stored in
fatty tissue leak into the bloodstream and cause drug cravings.
61. NFC, NI, and ABLE are aware that numerous patients in their
purificationor sauna program have become sick from the extensive periods in
the sauna and the Niacin they have been required to ingest. Defendants have been
sued across the United States by people injured by their sauna program. Despite
being aware of the dangers of the sauna and Niacin, Defendants subjected Mr.
Lovett to the them after having specific knowledge that it was making him sick.
62. NFC operates under the direction and instruction of Defendants NI and
ABLE, Defendant NI publishes directives called, Opening a Successful Narconon
Center and Running an Effective Narconon Center. (See Exhibit 5 (hereinafter
Manuals). NI and ABLE control the curriculum at NFC. Defendants NI and
ABLE have authority to hire, fire, and make human resource decisions on behalf of
NFC.
63. NI and ABLE dictate which books are sold in the bookstores of the
individual Narconon Facilities as well as controlling which pictures of L. Ron
Hubbard are displayed and in the manner it is done. NI and ABLE exercise a great
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deal of control over the finances of Defendant NFC as well, requiring regular
reports and accountings and requiring regular royalty payments.
64. Since leaving NFC the second time, Plaintiff moved in with his daughter
in Lafayette, Indiana and successfully completed a rehabilitation program and has
remained clean since July 12, 2013.
65. Plaintiff still suffers from elevated liver enzymes related to the excessive
Niacin supplements he was forced to consume during his time at NFC, all in
accordance with the program established and enforced by ABLE and NI. This
excessive strain on his liver has caused it to become inflamed requiring him to seek
medical treatment through the VA.
66. Plaintiff has recently learned that his Hepatitis C is also no longer
dormant and he has begun to develop cirrhosis of the liver. He is currently being
treated at the VA Hospital in Indianapolis, Indiana. He is set to begin Hepatitis C
treatments which include twelve weeks of interferon shots.
V. FIRST CAUSE OF ACTION:BREACH OF CONTRACT
67. Plaintiff incorporates paragraphs (1) through (66) by reference, as if fully
set forth herein, each and every allegation set forth in the preceding paragraphs and
further allege as follows:
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68. Plaintiff and Defendants were bound by a contract whereby Defendants
agreed, in exchange for consideration, to provide secular, residential drug, and
alcohol treatment to Plaintiff.
69. Defendant breached this contract by, inter alia: (i) failing to provide
services constituting drug and alcohol treatment; (ii) providing Scientology in lieu
of drug and alcohol treatment; and (iii) not adequately addressing known issues of
pre-existing conditions with the oversight of medical personnel.
70. Defendant NFC, through the direction imposed by Defendants NI and
ABLE, operate a facility which instead of providing trained and medically certified
clinicians and counselors cycles through former patients and otherwise untrained
individuals to address the significant needs of their patients. Through assertions
made on Defendants NI website, prospective patients are made to believe that
facilities associated with Narconon are run by board certified counselors and
medical staff. (See Exhibit 3, Screen Captures at pg. 15). These assertions are
blatantly untrue.
71. Secondly, Defendant NFC institutes policies and procedures delivered
and enforced by Defendant NI. Defendant NI receives their instruction regarding
the application and instruction of those policies and procedures from Defendant
ABLE. Those policies and procedures instruct patients to carry out activities
included in the TRs, the New Life Detoxification, and the application of L. Ron
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Hubbards vocabulary of misunderstood words. The Narconon Program is a
mirrored reflection of the tenets put forth by the Church of Scientology. This
understanding is further asserted in Defendants Motion to Dismiss, which states
[f]urthermore, as previously stated, faith-based healing is exempt from the
licensing requirements of N.R.S. Chapter 630. (See Exhibit 1, 12(b) Motion at pg.
23, ln. 10-11). By Defendants ownpleadings they are not secular and their
rehabilitation program is the disguised teachings of the Church of Scientology.
72. Finally, Defendant NFC made no known or reasonable effort to ensure
that Plaintiffs preexisting condition would be monitored by a professionally
competent physician or registered nurse. The basic reason for the lack action on
the part of Defendant NFC can be directly traced to the oversight of Defendants NI
and ABLE. A Narconon location cannot engage in activities outside the scope of
their licensing agreement as it is set down by Defendants NFC and ABLE because
their form of rehabilitation is faith based healing not medically recognized
treatment.
73. While Plaintiff may have contracted and sought treatment with
Defendant NFC, Defendant NFC was operating under the direct control and
supervision of Defendants NI and ABLE.
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74. As a direct and proximate result of Defendants breaches, Plaintiff has
suffered damages in excess of $75,000.00, with the exact amount to be determined
at trial.
VI. SECOND CAUSE OF ACTION:NEGLIGENCE
75. Plaintiff incorporates paragraphs (1) through (74) by reference, as if fully
set forth herein, each and every allegation set forth in the preceding paragraphs and
further allege as follows:
76. Defendants owed Plaintiff a duty to render substance abuse treatment to
Plaintiff in a manner that did not subject him to an unreasonable risk of harm.
Defendants further had a duty of care to render reasonably safe and effective
treatment to Plaintiff. This standard is one of an ordinary person in the same or
similar situation.
77. Defendants breached these duties by: (i) instructing Plaintiff to sit in the
sauna for 5-6 hours a day on two different occasions for 43 and 32 days
respectfully, while ingesting dangerous amounts of Niacin and other vitamins; (ii)
failing to staff the NFC treatment facility, and particularly the sauna, with qualified
medical personnel; (iii) failing to provide duly qualified counselors to administer
treatment; and (iv) providing Scientology in lieu of substance abuse treatment.
78. As stated previously, Plaintiff went through the Narconon Program on
two separate occasions, exacerbating his physical injuries each time. That program
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was instituted and controlled by Defendant NFC. Defendant NFC, through its
licensing agreement with Defendant NI, is obligated to adhere to the program as
set out by Defendant NI. This obligation carries the additional caveat of control
exerted by Defendant NI over the facility and practices of Defendant NFC. And
while Defendant NFC receives its orders and direction from Defendant NI,
Defendant NI receives the same from Defendant ABLE. It is because of this chain
of authority, that Defendant NFC was negligent in properly retaining licensed
medical staff to assure the health of Plaintiff did not physically deteriorate while in
their care or in the care of facilities under their control.
79. As a proximate result of Defendants breaches, Plaintiff has suffered
physical and mental injuries in excess of $75,000.00, with the exact amount to be
determined at trial.
VII. THIRD CAUSE OF ACTION:FRAUD
80. Plaintiff incorporates paragraphs (1) through (79) by reference, as if fully
set forth herein, each and every allegation set forth in the preceding paragraphs and
further allege as follows:
81. The elements of fraud, which provide a basis for the tort of deceit, are:
(a) misrepresentation (false representation, concealment, or nondisclosure); (b)
knowledge of the falsity (or scienter); (c) intent to defraud, i.e., to induce
reliance; (d) justifiable reliance; and (e) a resulting damage. From the point
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Plaintiff and his wife made their initial contact with Defendants until his final
departure, Plaintiff relied on statements made by or on behalf of Defendants to the
detriment of his own health and wellbeing.
82. Defendants ABLE and NI cannot assert that they are innocent bystanders
in the claims brought forth in the case. The fraudulent conduct of the Defendants
is pervasive and continuous, stemming from Defendant ABLE conveyed through
Defendant NI and implemented in Defendant NFC. Defendant NI publishes
directives through their Opening and Running Manuals. (See Exhibit 5, Manuals).
These Manuals require individual Narconon centers, like Defendant NFC, to
expressly follow their direction otherwise they risk losing the rights to use the
Narconon name and associated benefits paid for by Defendants NI and ABLE.
These benefits include advertising, referrals through a call center hosted by
Defendant NI, name recognition as it is controlled through both NI and ABLE, and
business and operational planning with constant oversight.
83. The following is a non-exhaustive list of fraudulent representations
Defendants knowingly and continually made to the Plaintiff: (i) that NI, including
NFC, has a 70-80% success rate; (ii) that the NI program is secular and does not
involve the study or practice of any religion; (iii) that NI and NFC is not any way
connected to ABLE or the Church of Scientology; (iv) that Plaintiff would receive
effective and scientifically proven counseling for his substance abuse; (v) that NIs
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and NFCs sauna program, i.e., the Purification Rundown, is safe and has been
scientifically proven as effective; and (vi) that Plaintiff would be safely medically
detoxed at a facility under medical supervision.
84. Each of the statements listed above, and countless others, have been
made to the Plaintiff and his wife. These fraudulent statements were first made to
the Plaintiff and his wife during their initial internet search for drug treatment
centers. (See Exhibit 3, Screen Captures). Plaintiff relied on the fraudulent
representations and only became aware of the deception after they brought him to
Albion, Michigan to seek treatment for his addiction. Defendants NI and ABLE
make continuous and affirmative steps to control the message and use the
Narconon name with the intent to induce new patients to their facilities.
85. Defendant NFC is not allowed to independently alter any message or
statement they assert through their own website or printed material without the
express permission of Defendant NI and by proxy Defendant ABLE. All internet
websites need to be approved by Narconon International by the trademark holders,
Association for Better Living and Education International. (See Exhibit 5,
Manuals,Running an Effective Narconon Center, at pg. 239). The fraudulent
statements made above are the same contained on the materials posted through
Defendant NI and NFC respective websites. This controlled and calculated
assertion of the benefits of choosing Narconon over other drug treatment centers
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illustrates that all parties are aware of the deception and each benefits through the
revenue brought in by new patients.
86. If representations of the NI website and representatives associated with
the Narconon Program, which were known to be false by the Defendants, were not
made to the Plaintiff and his wife, they would not have been induced to seek
treatment through NI or NFC.
87. As a direct and proximate result of Defendants fraudulent conduct,
Plaintiff has suffered damages in excess of $75,000.00, with the exact total to be
determined at trial.
VIII. FOURTH CAUSE OF ACTION:PREMISES LIABILITY
88. Plaintiff incorporates paragraphs (1) through (87) by reference, as if fully
set forth herein, each and every allegation set forth in the preceding paragraphs and
further allege as follows:
89. Defendants owed Plaintiff a duty to render a safe environment as the
Plaintiff was an invitee. Plaintiff was at NFC for a commercial benefit to the
possessor of the place of business. The possessor has a duty to use ordinary care to
protect an invitee from risks of harm from a condition on the possessors place of
business if: (i) the risk of harm is unreasonable, and (ii) the possessor knows or in
the exercise of ordinary care should know of the condition, and should realize that
it involves an unreasonable risk of harm to an invitee.
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90. Defendants are aware that (i) the sauna program can be dangerous to
individuals who have preexisting conditions that may make them susceptible to
injury from prolonged exposure to high temperatures; (ii) Defendants do not
provide medical oversight at their facilities to ensure any complication from
withdrawal or treatment can be addressed without having to remove the patient off
sight for emergency care; and (iii) Defendants were aware that illegal substances
were being used at their facilities and did not take proper care to control their
employees or their facility in a manner that would be considered reasonable.
91. Defendants required patients complete the sauna program to be cleared as
a successful completion of the Narconon Program. This was in complete disregard
to the patients own personal health. Proper oversight by medically certified
registered nurses and physicians is almost nonexistent in the facility. Limited or
no ability to control the security of the facility allowing for illegal substances to
enter. These lacks of control directly lead to the use of illegal drugs being
consumed by the staff or patients of that facility.
92. As a direct and proximate result of Defendants breach, Plaintiff has
suffered damages in excess of $75,000.00, with the exact total to be determined at
trial.
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IX. FIFTH CAUSE OF ACTION:BREACH OF THE FAIR LABOR STANDARDS
ACT
93. Plaintiff incorporates paragraphs (1) through (92) by reference, as if fully
set forth herein, each and every allegation set forth in the preceding paragraphs and
further allege as follows:
94. Defendants owed Plaintiff a duty of compensation for his time as an
employee of the facility under the Fair Labor Standards Act. During Plaintiffs
first tenure as a staff member he was only initially compensated $50.00 a week,
while working seven days a week at a daily average of 10-12 hours, with some
days in excess of 16 hours. Once Plaintiff completed his training course he was
compensated at $430.00 a week, while working the same amount of time. During
Plaintiffs second tenure as a staff member he was not compensated at all for his
work.
95. As a direct and proximate result of Defendants breach, Plaintiff has
suffered damages with the exact total to be determined at trial.
X. REQUEST FOR INJUNCTIVE RELIEF
96. Plaintiff incorporates paragraphs (1) through (95) by reference, as if fully
set forth herein, each and every allegation set forth in the preceding paragraphs and
further allege as follows:
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97. Defendants have been the subject of numerous law suits across North
America and have been made abundantly aware of the dangerous conditions
created by their sauna program.
98. ABLE, NI, and NFC have no scientific justification for the use of its
sauna program despite claims asserted by them.
99. Defendants own retained experts have testified that there is no scientific
justification for the sauna program.
100. In a prior lawsuit, Dr. Louis A. Casal, an expert retained by NI and
Narconon of Northern Georgia in a wrongful death suit filed against those entities,
testified at a deposition. A true and complete copy of Dr. Casals deposition
testimony is attached hereto as Exhibit 6. When Asked under oath about NIs
sauna program, he testified that there is no scientific basis for the notion that
seating in a sauna detoxifies a persons body or treats addition:
Question (Q.). Have you looked at the Narconon literature on what
Narconon contends the benefits from the sauna are?
Answer (A.). [Dr. Casal] Yes, I have.
Q. And the sauna program, what Narconon contends is that init in
fact detoxifies your body. True?
A. True
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Q. But theres no scientific basis that you can point to to support that
contention, is there, sir?
A. Youre correct.
Q. So when Narconon states that the sauna program detoxifies its
patients, youre not aware, as a medical doctor, of any scientific basis
for that contention?
A. I agree. (See Exhibit 6, Deposition of Dr. Louis Casal, 136:21
137:9).
101. Because there is no-scientific justification for the dangerous sauna
program Plaintiff is likely to prevail at trial.
102. Allowing Defendants to continue to operate such a dangerous sauna
program is needlessly endangering the lives of patients treated through the
Narconon Program.
103. Common sense, science, and the safety of all present and future NI and
NFC patients necessitate the immediate suspension of the sauna and Niacin
program via a temporary restraining order from this Court.
XI. DEMAND FOR A JURY TRIAL
104. Plaintiff demands a jury trial on all counts.
XII. PRAY FOR RELIEF
WHEREFORE, Plaintiff prays for the following relief:
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A.Judgment in favor of Plaintiff against Defendants for damages in such
amounts as may be proven at trial;
B.Compensation for special and general damages;
C.Reasonable attorneys fees and costs of suit;
D.Interest at a statutory rate;
E. Punitive or exemplary damages against Defendants; and
F. All other relief the Court deems to be just and proper.
Respectfully,
/s/David E. Miller
David E. MillerSaeed & Little LLP1433 N. Meridian StreetIndianapolis, IN 46202(317) [email protected] Bar No.: 294-095
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CERTIFICATE OF SERVICE
I, hereby certify that on August 15, 2014 that the foregoing document wassubmitted electronically via the courts Electronic Filing System (CM/ECF). ACourt certified copy will be served on the parties listed below via U.S. CertifiedMail.
Narconon Freedom Center d/b/a
Narconon Treatment Center
via its registered agent:Alan Kellman645 Griswold Street, Suite 1370Detroit, MI 48226
Narconon International
via its registered agent:Sherman D. Lenske6400 Canoga Avenue, Suite 315Woodland Hills, CA 91367
Association for Better Living and
Education
via its registered agent:Sherman D. Lenske6400 Canoga Avenue, Suite 315Woodland Hills, CA 91367
/s:/ David MillerDavid Miller
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