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| DIAMOND RANCH ACADEMY |
Attorney Thomas Burton, for the plaintiffs, is all too familiar with the multi-billion dollar Therapeutic Teen Industry that is an apparent gold mine, not only for insiders, but outside investors as well, along with towns, counties, and states that house these private facilities.
The question remains: Can [he] win 'one?' Can he 'break' the containment and carte blanche aura, even with apparent so-called non-existent oversight?
One such oversight: COLLAPSIBLE SHOWER RODS - Early Fall of 2013, a young man perished after hanging himself in the shower with a belt. According to the State of Utah's DHS Licensing Division, upon their recommendation for remedy, existing shower rods were replaced with collapsible rods and shower heads. Negligence cited? Wishful thinking.
For advocates, activists, and survivors of this industry, the below court filing is of no surprise. Different venue, but apparently the same inexcusable, egregious allegations that too often repeat themselves.
LAWSUIT:
NOTE: This document was modified into MS WORD.Spelling errors left intact.
Identifiers
such as states of residence of the plaintiffs were removed. Plaintiff names were
left intact, as plaintiffs were previously identified in media reporting:http://www.courthousenews.com/2014/12/08/teens-call-academy-a-private-prison.htm
Case
2:14-cv-00884-DBP Document 1 Filed 12/03/14 Page 1 of 20
Thomas
M. Burton
Thomasburtonlaw@-------------
IN
THE UNITED STATES DISTRICT COURT
IN
AND FOR THE DISTRICT OF UTAH
TYLER
WEBER; TRACY SARNO; JANET
YELDING;
and JANAYE KEARNS
Plaintiffs,
vs.
DIAMOND
RANCH ACADEMY a Utah
Corporation;
and DOES I through X,
inclusive,
Defendants
--------------------.1
)
Case No.
COMPLAINT
FOR PERSONAL INJURY;
FALSE
IMPRISONMENT; CHILD
ABUSE;
FRAUDULENT
MISREPRESENTATION;
ACTUAL AND
CONSTRUCTIVE
FRAUD
JURY
DEMANDED
Case: 2:14cv00884
Assigned To
: Pead, Dustin B.
Assign. Date
: 12/3/2014
Description:
Weber et al v. Diamond Ranch Academy
Come
now the plaintiffs, Tyler Weber, Tracy Sarno, Janet Yelding, and Janaye Kearns,
who allege as follows:
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NATURE OF THE
CASE
1. This case charges Diamond Ranch Academy with fraudulently pretending to be a residential treatment center consonant with its state license, but in reality being a private prison administering harsh and illegal abuse upon Tyler Weber and Janaye Kearns, who were locked up against their will and without their consent due to their naive parents' believing Defendants' lies promising a supportive, safe, healthy, camp-like setting with regular and productive therapy I counseling and an emphasis on education and'getting back on the right track' for a healthy, drug-free, happy, successful future.
2. Diamond Ranch Academy markets itself as a boarding school, academy, and therapeutic treatment center, and designed to straighten out troubled, truant or failing teenage youth, and through a positive, supportive program, helping them to gain confidence in themselves, and, to want a healthy and happy life forth themselves. Its failure to do so is endemic and epidemic. Instead,it leaves a trail of posttraumatic stress, nightmares, and damaged, destroyed families. Diamond Ranch Academy's extravagant fees fraudulently suggest great expertise and cloak its staffs minimal credentials and multiple mistakes.
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3. Plaintiffs were sold on
Diamond Ranch Academy by its vaunted prospective services that were not
provided. The parents of Tyler Weber and Janaye Kearns were not told of the
tactics Diamond Ranch Academy uses in its program. Diamond Ranch Academy presented
a false facade of a summer camp with the added component of therapy and
assistance to help Tyler and Janaye navigate back to a productive life, all in
a positive manner, along with gaining school credits so that they would
graduate on schedule.
4. Tyler Weber and Janaye Kearns were thrust into Diamond Ranch Academy without the slightest understanding of what they were getting into, and had no choice in the matter. These teen-agers represented part of a string of damaged teenagers that it boasted of helping, accompanied by some unjustified theory that tough love was just the treatment they needed. At Diamond Ranch Academy,there was no forum for complaint, explanation, appeal, or grievance against the placement, before, during, or after it occurred. The only option available to the hapless youth there confined was to "fake it in order to make it", for Diamond Ranch Academy is a lock down, closely guarded private prison, where punishments are harsh for
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any
rule infraction, real or instigated by the Diamond Ranch Academy staff for
their amusement.
5.
Once confined, no contact with the outside world was allowed and Tyler and
Janaye knew that any disparaging remark or complaint about Diamond Ranch
Academy Academy would be punished by isolation and losing all privileges
earned, meaning making them start at the bottom in and rise from level to level
by successfully completing mindless tasks of blind obedience enforced by cruel punishment.
JURISDICTION AND
VENUE
6.
This court has jurisdiction of this cause under and by virtue of Title28 of the
United States Code, §§ 1331, diversity of citizenship.
PARTIES
7.
Tyler Weber is a citizen of the State of -------.
8.
Janaye Kearns is a citizen of -------.
9.
Tracy Sarno and Janet Yelding are citizens of the State of -------.
10.
Diamond Ranch Academy Academy is a Utah licensed residential
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treatment
center and is a citizen of the State of Utah.
11. Doe defendants I through X are persons presently unknown regarding their activity leading to this lawsuit and responsibility for failing to secure Tyler Weber and Janaye Kearns' health, safety, and welfare against the repeated injury that occurred at Diamond Ranch Academy. They will be added to the complaint when their identity or responsibility is ascertained. In all things herein alleged and at all times material, all defendants were acting as agents of, or joint venturers with, the other defendants.
FACTS
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13. They were forced to labor in 100-degree weather without protection and insufficient water, and inadequate protective clothing depending on the season.
14.
They were also forced to go without shoes and sufficient clothing in winter.
15. They were, without justification except the amusement or demonstration of staff power over them, forced not to speak for days on end to anyone else in the compound.
16.
Multiple times they were ordered to dig deep holes, and then ordered, for no
apparent reason to refill the hole with the dirt extracted.
17.
They were kept awake until midnight and then required to get up at 4:30 a.m. on
a regular basis in order to be deprived of needed sleep.
18.
The were often tackled and "taken down" and sat upon by staff for punishment
for some perceived slight.
19.
They were often punished by being forced to sit facing a wall for lengthy period
of time for any reason or no reason, during which no communication was allowed.
20.
Staff treated Tyler and Janaye harshly with threats of punishment for doing
anything wrong, which was meant not obeying each and every command given them
immediately and to the hilt.
21.
When staff determined that a boy needed to be restrained, he was slammed
against a wall with great force and threatened with worse.
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22.
The staff sadistically and verbally beat down everyone, and the bullying was
excessive. Groups of captives were pitted against other groups for the amusement
of staff. Although some staff members were more kind and helpful and willing to
become friendly, they never mustered the courage to correct the sadistic staff
members who enjoyed wielding the power over Mark and Devin, along with all of
the others.
23.
Evaluations were not fair, but aimed at keeping the students longer in the program
so as to keep cash flowing into Diamond Ranch Academy.
24.
Anyone disparaging the program would be severely punished by being demoted to
the Blue Group, which prospect was frightening.
25. The educational curriculum was childish, leaving each youth to fend for himself or herself to get anything out of it. The young plaintiffs learned nothing from their experience except that their parents had been deceived and had wasted their money. Any improvement in the young plaintiffs' behavior they attribute just to having grown up, and that they would have done better without all the negativity, manipulation, sadistic punishment, unjust treatment, surly language and hostile environment they had had to put up with.
26.
Diamond Ranch Academy Academy's rational for its bad behavior was to harden the
young men for life, which, after all, is not fair.
27.
All too often the kid Janaye saw at Diamond Ranch Academy who complained of
health problems were ignored, refused treatment and even punished for
"manipulating". She has seen pathologists
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excuse
deaths in programs before, and suspects there is more to the death that
occurred while she was there.
28.
Survivors of Diamond Ranch Academy will describe punishments
that
include grueling outside work projects in which students are forced to push a
cart around a field for hours on end with no breaks, no food and no water.
Failure to complete these punishments often resulted in children being tackled
and restrained. Treating a child even without any health issues with such force
and violence has potential to cause elevated levels of anxiety, injury and even
death.
29.
XXXXXX was raped by three men who picked her up as she was
walking
home from school at age 15. The crime was never pursued
and
was basically dropped by the police with no effort really made. There was not
really any follow up psychologically for this traumatic event. XXXXXX did not
even have a rape kit examination, so there would be no proof even though the
perpetrators were in the system as well they might be.
30.
The earlier rape is what caused her much difficulty at DRA, because people
sometimes held her down, and they were male, triggering the rape. There were
really no competent health people at DRA, and she could not ever really get the
help that she needed.
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31.
This and other stressors at Diamond Ranch Academy finally drove her to attempt
suicide but the curtain rod broke. A 911 call brought the police, requiring
that she be hospitalized for observation, but staff at Diamond Ranch Academy
talked them out of it on the basis that the ambulance would have to be billed
to her parents, thus increasing an already expensive investment (and., of
course, to keep the attempt a secret)). Diamond Ranch Academy told the police that
they would take her privately to a hospital which, of course, they never did;
again, there was no follow up, and her being overwrought was treated punitively
by checking every half hour on her in bed when she was wearing only a sports
bra and panties, and when she acted out, by holding her down and treating her punitively
for making the suicide attempt, and of course risking the school's reputation.
32.
No teacher at Diamond Ranch Academy locked up the boy and girl was certified.
She failed two home visits and so had to return to DRA where she spent almost a
year, again under great stress.
CLAIM ONE
(False
Imprisonment)
33.
Diamond Ranch Academy, for no legitimate purpose, and solely for
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Defendants'
profit and benefit, confined the minor plaintiffs at their property. They had
not been adjudicated of any crime. They could not leave the facility, but were
guarded all the time.
34.
They could not do what they wanted, but only what they were told to do.
35.
In addition, they had to live in unsanitary conditions with dirty bedclothes. Tyler
was threatened that he better sleep on his back to prevent sexual assault.
36.
Defendants falsely imprisoned these youths:
a.
By separating them from their parents.
b.
By not permitting them to leave.
c.
By refusing to consider their views in matters affecting their welfare.
d.
By not allowing them freedom of expression and by arbitrarily
interfering
with their privacy.
e.
By subjecting them to forms of physical and mental violence,
injury
and abuse, neglect or negligent treatment, and maltreatment.
f.
By failing to identify, report, investigate, and follow up on
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Diamond
Ranch Academy's maltreatment.
g.
By failing to provide adequate and special assistance to the boys regarding
their emotional disabilities due to Diamond Ranch Academy's perverse treatment
that was perpetrated by other and various forms of abusive maltreatment.
h.
By failing to provide the highest attainable standards of health and facilities
for their treatment and rehabilitation.
i.
By failing to ensure provisions for their necessary medical
assistance
and health care.
j.
By failing to provide nutritious food.
k.
By failing to assure periodic reviews of what was happening to them.
I.
By failing to recognize their right to an education deprived by Diamond Ranch
Academy.
m.
By failing to assure that the education at Diamond Ranch
Academy
conformed to the minimum standards laid down by the State of Utah.
n.
By failing to recognize their right to rest and leisure, to engage in
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play
and recreational activities appropriate to their age, and to participate freely
in cultural life, which, as captives, they could not do.
o.
By requiring them to work at mindless chores that interfered with their
education or were harmful to their physical health and mental, spiritual,
moral, and social development.
p.
By subjecting them to torture or other cruel, inhumane, or
degrading
treatment or punishment.
q.
By unlawfully and arbitrarily depriving them of their liberty.
r.
By depriving them of the right to maintain honest contact with their family.
s.
By failing to create an environment, which fostered their health, self-respect
and dignity.
t.
By failing to take appropriate measures to promote their physical and
psychological recovery and social re-integration.
u.
By directly and indirectly compelling them to confess guilt, even to things
they had not done, in order to satisfy their captors' demands and escape their
taunting.
v.
By failing to respect their privacy at all stages of their
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confinement.
24.
Defendants perpetrated a breach of their duty toward Tyler and Janaye intentionally
causing them mental and emotional distress.
25.
The Defendants are jointly and individually liable for the neglect described.
WHEREFORE,
Plaintiffs are entitled to judgment according to proof:
CLAIM
TWO
(Personal
Injury)
26.
Plaintiffs incorporate by reference all previous allegations above stated.
27. In addition to allegations
of neglect, as described hereafter, Diamond Ranch Academy Academy's staff,
acted in breach of their duty to provide a safe, nurturing, fair, clean,
competent, facility and staff to help Tyler and Janaye,whose parents thought
that they were choosing a summer camp setting where the youth could relax, play
sports with others, and be supported with professional counseling on a regular
basis to help them renew and recenter their lives.
28.Diamond
Ranch Academy's tactics and conduct injured these young people emotionally and
physically such that the effects thereof continue to plague them
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to
this day.
WHEREFORE,
Plaintiffs pray for judgment as hereafter stated.
CLAIM THREE
(Child
Abuse and Neglect)
29.
Plaintiffs incorporate herein all prior paragraphs and state:
30.
"It is the .. the public policy of this state that children have the right to protection from abuse and neglect, and that the state retains a compelling interest in investigating, prosecuting, and punishing abuse and neglect, as defined in this chapter", 62A-4a-201, Utah Human Services Code. Because of its complete control over Tyler and Janaye, Diamond Ranch Academy owed them the highest duty of trust and confidence and was required to act in their best interest. Instead, Diamond Ranch Academy's conduct toward Tyler and Janaye, who were minors, constituted abuse and neglect in violation of the public policy of the State of Utah.
"It is the .. the public policy of this state that children have the right to protection from abuse and neglect, and that the state retains a compelling interest in investigating, prosecuting, and punishing abuse and neglect, as defined in this chapter", 62A-4a-201, Utah Human Services Code. Because of its complete control over Tyler and Janaye, Diamond Ranch Academy owed them the highest duty of trust and confidence and was required to act in their best interest. Instead, Diamond Ranch Academy's conduct toward Tyler and Janaye, who were minors, constituted abuse and neglect in violation of the public policy of the State of Utah.
31.
Plaintiffs have the right to force Diamond Ranch Academy Academy to pay them
and their parents compensation for the abuse and neglect
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Diamond
Ranch Academy inflicted upon them as described above.
WHEREFORE,
Plaintiffs pray for judgment as hereafter stated.
CLAIM FOUR
(Fraudulent
Misrepresentation)
32.
Plaintiffs incorporate herein all prior paragraphs.
33.
Diamond Ranch Academy Academy held itself out to Tracy Sarno and Janet Yelding
as a therapeutic school. The Diamond Ranch Academy contract was one of
enrollment in a school, not enrollment in a "Residential Treatment
Program" for the purpose of behavior modification or rehabilitation. One
of the administration requirements is that information provided to parents
shall be accurate and factual, Rule 501-2(3). Tyler and Janaye's parents were
never advised that each licensed program must have a licensed physician or
consulting licensed physician, licensed psychologist, or social worker, or
professional
counselor,
Rule R501-19.
34.
Had they known such, it would have alerted them that the purpose of the program
was rehabilitative, not solely rehabilitative.
35.
Parents are not required by either the Diamond Ranch Academy contract or the
State Administrative code to be notified that such a licensed program is a
health care provider protected by the Utah Health Care Malpractice Act
requiring any legal action to be brought within two years
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of
its occurrence or the minor's majority, and to comply with prelitigation screening,
and to have its damages limited by law.
36.
Additionally, the enrollment contract requires the Parent to agree that Diamond
Ranch Academy is not liable for any injuries, illness or other damages
occurring to the Child during the term of enrollment, including anything
resulting from the Child's participating (on or off campus) in programs or
activities of the program.
37.
Diamond Ranch Academy intentionally and purposely concealed from Tyler and
Janaye's parents that it was a state-licensed residential treatment center
aimed at rehabilitation so as to be protected by the Utah Healthcare
Malpractice Act, and that their waiving any claim against Diamond Ranch Academy
was unenforceable on the one hand, and even if enforceable, was protected by
the Utah Health Care Malpractice Act's requirements on the other hand.
38.
These mislead the placement of Tyler and Janaye at Diamond Ranch Academy on the
one hand, and its prospectively seeking in turn to limit this action against it
on the other hand.
39.
Plaintiffs have sustained financial, mental, and emotional damage by Diamond
Ranch Academy's fraudulent concealment and
misrepresentation.
WHEREFORE,
Plaintiffs pray for judgment as hereafter stated.
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CLAIM FIVE
(Actual
and Constructive Fraud)
40.
Plaintiffs incorporate by reference all of the above stated allegations and state:
41.
None of the above disclosures was made to Tyler or Janaye's parents, the people/agencies
recommending the Diamond Ranch Academy program, or available via research at
the time.
42.
Because adverse facts about Diamond Ranch Academy were true, relevant, and concealed,
the parents relied on the absence of the adverse facts, which the Defendants
had a duty to disclose.
43.
By reason of the failure to make these disclosures to the plaintiffs and their resulting
detrimental reliance thereon, Diamond Ranch Academy is guilty of actual and
constructive fraud. The misrepresentations, and misrepresentations by silence,
and concealment of true adverse facts were made to the parents from the
beginning by phone conversations both before and throughout Tyler and Janaye's
period of time at Diamond Ranch Academy.
44.
These repeated intentional misrepresentations made by Diamond Ranch to the
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parents
were done in order to induce them to place and maintain Tyler and Janaye at
Diamond Ranch Academy.
45.
Defendants lied to the parents in promotional and marketing materials which represented
Diamond Ranch Academy to be a safe and secure environment, where Tyler and
Janaye would be well cared for, and provided a good education, summer camp
setting, medical care, and positive, professional therapy/counseling.
Defendants' representations were knowingly and actually
false.
46.
Because all Defendants acted in concert, they are all liable for the misrepresentations
alleged herein.
47·
Plaintiffs relied on these representations to their detriment; Tyler and Janaye
were emotionally and physically harmed at Diamond Ranch Academy and their parents
did not receive the quality care, services, and facilities paid for.
48.
Upon information and belief, Defendants knew when they made these representations
that they were false or at least misleading, and were made to induce the
plaintiffs to place and maintain Tyler and Janaye at Diamond Ranch Academy in
order to secure significant monthly fees.
49.
Upon information and belief, Defendants were aware that their facilities were not
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safe;
that Tyler and Janaye and the other youth at Diamond Ranch Academy were harmed
emotionally, physically, medically, and educationally, by unqualified, controlling,
and masochistic staff.
50.
Upon information and belief, Defendants were aware that the harm caused to children
at these facilities, including the minor plaintiffs so placed, was so grave that
were the truth known, the Utah Department of Human Services should have stepped
in and shut down Diamond Ranch Academy, but it did not. In fact, it
should
have and upon information and belief does know that Diamond Ranch Academy is a
menace to youth, but it likes the money the behavior modification industry
brings into the State of Utah more than the health, welfare, safety, and public
policy against child abuse that it is supposed to enforce.
WHEREFORE,
Plaintiffs seek judgment as follows:
1.
Special damages according to proof.
2.
General damages according to proof.
3.
Punitive damages according to proof.
4.
Such other and further relief to the Court seems just.
Dated:
December 3, 2014
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Thomas
M. Burton
20
