Table Of ContentSUPREME COURT
STATE OF NEW YORK couwrr OF MONROE
NANCY KARER and KARTIN MAHER,
plaintifte,
ave- ‘VERIFIED COMPLAINT.
BROTHER JOHN LAURENCE HEATHWOOD,
Individually; CONGREGATION OF CHRISTIAN
BROTHERS OF IRELAND; ROMAN CATHOLIC
DIOCESE OF ROCHESTER; BISHOP KEARVEY
HIGH SCHOOL
Defendants.
Plaintiffs, by sheir attorneys, TULREADER, ROjENH,
SULLIVAN, CLIFTORD, SANTORO & KAUL, ae and for their complint
Sy
PRELIMINARY SUMTRERT Py
against Defendants, respectfully allege as follows:
1. Plaintiff waney Maher (hereinafter rofeivedko as
"Plainet#é*) beings this action against Defendants for danages
sustained by Plaintite, resulting from pofendant Heathwood»
somal abuse of Plaintiff over a poriod of at least twanty-otght
yeare beginning sbon Plaintitt was 12 years old and continuing
util she wae 40 years old, vnile Defendant Heathwood was in the
enploy and under the supervision of the other three named
Defendants.
Dafondant Hosthwood a€ a course of contiavous
conduct assaulted, battered, nolosted, harassed, somelly abused
and raped Plaintiff from approximately 1965 until 1992. Plaintifé
has suffered physical and psychological injuries as a direct and
Proxinata result of Defondant aeathwood’a wrongful conduct.
2. Platntifé further briaga thie action against the
other named Defendants for damages sustained by Plaintiff as a
result of Defendants’ negligence, recklessness, and willfulness in
Placing, supervising, retaining and referring Defendant Heathwood
in positions of trust and as a result of Defendant’ failure in
theix duty to address the problem of sexual abuse by clergy, of
which Defendants were or should have been awara.
3. As q result of Defendants! actions, Plaintift hes
heen severely ptychologically damaged suffering from repressed
nawory, dissociation, denial dud posttraumatic stress syndrome,
loaving her unable to puroue any legal action until recent
counseling enabled her to recognize the injury she has suffered
and to take Legal action.
4. Regendants’ false representations to Plaintiff on
which she relicd; Dafendante’ threats, coercion and deception
Gieablad Plaintiff fro pursuing legal action earlier,
5. Plaintiff uartin Haher brings a derivative action
for lone of consortium from November 19, 1983, the date Plaintiffs
wore married to the prasent.
FACTUAL ALLEGATIONS
6. Plaintiff Nancy Maher was born on October 18, 1952.
7. Plaintif® and her family belonged to, and were active
members of, the Roman Catholic Diacess in Rochester, New York,
conteibuting financially, and solicited actively though the mail
and otherwise for contributions by Defendants.
4, Plaintiff's two sisters, one brother, and herself
attended Bishop Kearney igh School im Rochester, New Tork.
° 9. Plaintiff attended Bishop Kearney High School from
1966 to 1970,
10. Upon infosnation and belief, Bishop Roaeney High
School is a parochial acheol evned and operated by tha Roman
Catholic Diogese of Rochester and by the Congregation of Christian
Brothers of Ireland, (hereinafter ceferred to as “Cheistian
Brothars") the Order from which the teachers at the school come.
11. Upon information and belief, the Christian Brothers
are 9 Ronan Catholic Order headquartered in Rone, Italy, and
located throughout the world, including the united states, with
the Hastorn U.S. Province hoadquarters located in New Rochelle,
few York,
12. Upon information and belief, Defendant Bishop
Kearnay High School 1s usder the furiedietion of the Ronan
Catholic Diocese of Rochester and the Christian Brothers
13, Defendant Heathwood, a Frofeased Ixish Christian
Brother, belonging to the Christian Brothas, and at ali tines
material hereto, employed by Defendants Christian Brothers, ond
for 4 period of time by Bishop Keaxney High School and the Ronan
Catholic Diocesa of Rochester, was assigned by his Order to Bishop
Kearney High School in Rochester, New York, upon information and
belief, on or about 1964 ag a math teacher and head of the
Dranatice Progran and Sunmex Theater Progran.
14. Defendant Heathwood remained a teacher at Bishop
Koarney High School from 1964 uatil 1974 when he left Rochester
and was reassigned to, upon infoenation and belief, other schools
in the State of ew York,
15. Upon information and balieg, Defendant. Heathwood
was reassigned several years ago to Bishop Hendricken High School,
Warwick, Rhode Island, where he has boen a teacher to the present.
16, Upon information and belief, sometiae prior to
coming to Rochester, Defendant Heathwood was a teacher at a school
in St. Johns, Newfoundland, Canada, where he taught first grade
for 17 years.
17. upon information and belief, Defendant Heathwood
will he retiring from teaching in June 1993 and leaving Rhode
Island for another destination unknown, and ie, upon information
and belief, currently residing in Connecticut ox New Jersey.
18. Soon after coming to Rochester, New York, Defendant
Heathwood uat Plaintiff's parents at a Bishop Kearney High School
function and Plaintifi’s father and mother and Defendant Heathwood
becams vary good friends.
19; as the friendship between Plaintiff's father and
nother and Defendant Beathwood grew, Defendant Heathwood had
numerous eecasions to be around Flatatiff, both alone and 4n the
company of others.
20. Plaintiff’s parente entrusted her, and her
siblings, to Dafendant Heathwood, ae a Brother, teacher and
friend.
21, When PlaintLef began high echool at Bishop Kearney,
Defendant Heathwood, at the request of Plaintiff's parents,
tutored Plaintiff for a period of time.
22. As head of the Dramatics Department, Defendant
Heathwood was again ina position of ‘supervieory authority over
Plaintiff who was very active in the department.
23. Ag head of the summer stock progran, Defendant
Heathwood again wae Plaintiff's teacher as she participated in the
summer theater program,
24. Representing Bishop Kearney High School, tha
Cheistian Brothers and the Rowan Catholic Diocese of Rochester at
soveral church and social functions, Defandant: Heathwood continucd
to have access to Plaintits,
25, Starting at least ap early as 1965, when Plaintitt
was 12 years old, and continuing to in ox about 1992, Defendant
Moathwood injured Plaintiff Nancy Maher by acts including, but not
Limited to, the followin
A. Forcibly abusing her physically and semaliy on
many occasions against her wil? by acts which included, and vere
sot Limited to, fondling, sexual intercourse, penetration with
fingexa and objects, fellatio, slapping, pinching, biting, and
sucking Plaintigi‘s breasts, slapping her buttocks and genitals
and taking photographe of her with welts all over her body.
B. Lewd comments, sexual innuendos, harasament,
threats, comments meant to humiliate Plaintiff and prey upon
Dlaintiti'a fear and feelings of degradation and helplessness.
26. Defendant Heathwood comitted the above acts, and
othars like them against Plaintiff without her consent and against
hax will by force and duress.
27. pafendant Heathwood threstenad to show the
photographa he had taken of Plaintiff to Plaintiff's mother to
ineure her silence.
28. Several of Defendant Heathwood’s acts towards
Plaintiff occurred on trips Defendant took Plaintif# on out of New
York State.
29. Atter Defendant Heathwood left Rochester in 1974 ha
‘traveled back and forth betwoon various states and Wew York and
continued to commit the acts described above.
30. After leaving Rochester, Defendant Heathwood
continued to return to Rochester as many as five times a yoar for
Bishop Kearney High School class reunions, graduations, waddinga,
funerals and sccial occasions involving wenbers of the Ronan
Catholic Diocese of Rochester and Bishop Kearney High School.
31, Dering his absences frum Rochester, Defendant
Heathwood called Plaintiff on mmerous cocasions making lewd and
sexually suggestive connents.
32. On one visit to Rochester in July 1992, Dafandant
Hoathwood say Plaintiff and, in the presence of her three year old
son, mashed his body against here, pressed his knees into her
genitals and grabbed her boasts.
33. Defendant Heathwood continued his acts towards
Plaintiff after Plaintiff was married on Novenber 19, 1963.
34, During the entire period in which Defendant
Heathwood engaged in the above noted conduct, be was in @ position
of trast as a Professed Brother, family friend, and an outwardly
caring manber of the school, the Diocose and the Order.
35. During this entire period, Defendant Heathwood
maintained his outward facade and represented himself to Plaintifé
45 one ontrusted with her cane.
36. During thie entire period, Defeadant Reathwood
nisceprusented and concealed fron Plaintiff the wrongful nator of
his action towards hor and committed these acts in secrecy.
37. During this antire period, Defendant Heathwood,
intended and induced Plaintiff to rely on his false
representations so that she vould not reveal his conduct or acte
to anyone.
38. Defendant Heathwood know that his actions ware
wrongful and that Ris contrary representations to Plaintiff were
false.
39. Plaintiff did aot know chat Defendant Heathwood! «
roprosentations wore false, relied on Defendant Heatiwood’s
representations, and suffered serious injury as @ result.
40, Ae a result of Defendant Heathwood’s acta, Plaintite
suffered fron a poychological condition whezeby she repressed,
denied, blocked and dissociated harself fron the acts being
committed on her to avoid the severe physical and emotional pain
and trauma caused by them. Consequently, she was not aware of the
wrong that had bean done to her,
41, As a direct and proximate result of Defendants
conduct, Plaintifi suffered, and continues to suffer, severe and
chronic physica? and psychological injuries.
42, Plaintitt’s physical injuries include, but are not
Limited to, the following: chronic cexvicitis, cervical scarring,
vaginal bleeding, bleeding breasts, dyshydxotic cexama, and
inability to conceive children.
43. among Plaintiff's psychological injuries’ are the
following! chronic posttraumatic atresa disorder, dissociative
disorder, nightmares, flashbacks, terror, suicidal feelings, panic
attacks, somal disorders, eating disorders, represeion of
manories and sleep disorder:
44. In or about the Fall of 1992, Plaintiz£ began
therapy and was able to recall, recognize and understand the
consequences of Defendant Heathaod's abuse of her and vas able to
take Legal action.
45. through therapy and counseling, Plaintiff is in the
process of remembering details, dates, and other instances of
Dofendant Heathwood's sequal abuwe of her.
46, Plaintiff’e allagations against Defendant. Heathwood
have basn corroborated by his adaispions to common acquaintances
and by the revelation of at least one other woman to Plaintiff
that Dofendant Heathwood sexually abused this woman throughout her
childhood as well, during the same period he was abusing
Flaintige.
47, Upon information and belief, during Defendant
Heathwood’ tenure in Newfoundlakd, several allegations of sexual
misconduct and abuse were raised against the Christian Brothers
Order in Newfoundland and several lavoults were brought against
the Christian Brothers, zesulting in prison terme for six necbers
of the christian Brothers.
49. upon inforwation and belief, Defendants were aware,
or should have been aware, of the numerous allegations and
Anstances of sexual abuse by clergy of children and nembora ef the
Rowan Catholic comunity during the period of this action.
49. Upon infornation and belief, Defendants have taken
no steps to Investigate ouch allegations or to act with due caze
upon the allegations nade,
50. Upon information and belief, one of tha persons to
whom Defendant Heathwood admitted his sexual abuse of Plaintiff
racoived 2 threatening telephone call the day after Plaintiféa’
attorney apoke with the attorney for the Christian Brothers
indicating that Defendant Heathwood had admitted hie acts to
certain people. Upon information and belief, this person was
threatened with a loss of her childran and hor job by a party
identifying itself as connected with the Christian Brothers.
51. Dedendants continued to assign befendant
Heathwood to schools where he would have constant interaction with
childzen.
52. Upon information and belief, another Brother
belonging to the Christian Brothers, teaching at Bishop Kearney
High School, and accused of statutory rape charges in 1974,
is currently listed as a member of tha Advisocy Board of the
Christian Brothers,
52. Defendants Christian Brothers, Bishop Kearney Wigh
School and the Roman Catholic Diocese of Rochester intentionally
misrepresented to Plaintiff and hex family the trustworthiness of
Defendant Heathwood during a period of tine material hereto.
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