937 F. Supp. 2d 276
D. Conn.2013Background
- Plaintiffs sue Perlitz and Haiti Fund, Inc. for sexual abuse at PPT, a Haitian residential school for poor children.
- Perlitz was previously sentenced to 235 months for sexual abuse at PPT (1998–2008).
- Third amended complaint adds several entities ( Fairfield University, Society of Jesus of New England, Order of Malta, among others) alleged to have aided, supported, or supervised PPT.
- Defendants move to dismiss under Rule 12(b)(6) for failure to state a claim; court applies plausibility standard from Iqbal and Twombly.
- Court consolidates analysis by counts, granting some motions to dismiss and denying others, with Counts Two, Four, Eight, Ten dismissed and Counts Five, Six, Seven, Twelve denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Secondary liability under §2255 | §2255 purposes include aiding/abetting liability. | §2255 text is silent on secondary liability; Central Bank controls. | §2255 has no secondary liability; Count Two dismissed. |
| ATS accessorial liability | Carrier and Carter provided substantial assistance to Perlitz. | Central Bank limits secondary liability; no aiding/abetting under ATS §2333. | No plausible accessorial liability; Count Four dismissed. |
| Negligent supervision against defendants | Defendants owed duty to supervise Perlitz at PPT. | No duty or foreseeability; lack of notice argument. | Counts Five and Six survive; duty and foreseeability plausibly alleged. |
| Vicarious liability for Perlitz's abuse | Perlitz was agent of moving defendants; abuse within scope of employment. | Sexual abuse outside scope of employment; no agency/appearing authority. | Counts Eight dismissed; no vicarious liability found. |
| §1595 liability—venture participation and obstruction | Carrier/Fairfield benefitted from PPT’s venture; obstruction claims warranted. | No knowledge that PPT engaged in sex trafficking; obstruction claim implausible. | Count Ten dismissed; Count Twelve survives. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading must show plausible claims)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility standard for pleading claims)
- Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A., 511 U.S. 164 (U.S. 1994) (text of statute controls secondary liability analysis)
- Boim v. Holy Land Found. for Relief & Dev., 549 F.3d 685 (7th Cir. 2008) (secondary liability discussed under statutory silence)
- Presbyterian Church of Sudan v. Talisman Energy, 582 F.3d 244 (2d Cir. 2009) (test for aiding and abetting under ATS)
- Gutierrez v. Thorne, 13 Conn. App. 493 (Conn. App. 1988) (foreseeability and negligent supervision framework in CT)
- Allen v. Cox, 285 Conn. 603 (2008) (foreseeability standard for negligent supervision in CT)
- Wight v. BankAmerica Corp., 219 F.3d 79 (2d Cir. 2000) (adverse interest doctrine and agency knowledge considerations)
- Nutt v. Norwich Roman Catholic Diocese, 921 F. Supp. 66 (D. Conn. 1995) (sexual abuse outside scope of employment; scope-of-employment analysis)
- Martinelli v. Bridgeport Roman Catholic Diocesan Corp., 196 F.3d 409 (2d Cir. 1999) (fiduciary duty considerations in abuse context)