Professional Documents
Culture Documents
Plaintiff
v.
ALEXANDER THEROUX
Defendant
INTRODUCTION
1. This case arises out of the sexual abuse in Massachusetts of Plaintiff, Marie
Sapienza, when she was a minor by Defendant, Alexander Theroux, a former teacher at
Theroux when Plaintiff was a student at Phillips Academy and when Defendant
2. The Plaintiff now seeks damages for her personal injuries pursuant to the
3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1332 because
and the amount in controversy, without interest and costs, exceeds the sum or value of
$75,000.
substantial part of the events giving rise to the Plaintiffs claims occurred in this District.
PARTIES
Hampshire.
STATEMENT OF FACTS
residence, with responsibilities that included, among other things, teaching, directing,
counseling, supervising, or otherwise interacting with minor children who were students
at Phillips Academy.
fourteen years old, the Plaintiff entered Phillips Academy as a full time student. The
Plaintiff continued as a full time student at Phillips Academy from approximately the
-2-
Case 1:17-cv-10703-RGS Document 1 Filed 04/21/17 Page 3 of 9
1981-1982 school year through approximately October 1984, when the Plaintiff
10. The Plaintiff lived with her family in Andover, Massachusetts during the years
11. Not until recently did the Plaintiff have knowledge or sufficient notice that she
had been harmed and that the harm was caused by the explicit sexual behavior and lewd
12. On one occasion in approximately 1982, when the Plaintiff was approximately
fifteen years old, Defendant Alexander Theroux engaged in explicit sexual behavior and
lewd and lascivious conduct with the Plaintiff including, but not limited to, Defendant
Alexander Theroux fondling the Plaintiffs breasts and Defendant Alexander Theroux
fondling the Plaintiffs buttocks, all for the purposes of Defendant Alexander Therouxs
sexual gratification. Defendant Alexander Therouxs explicit sexual behavior and lewd
and lascivious conduct with the Plaintiff occurred in Defendant Alexander Therouxs
13. Following Defendant Alexander Therouxs explicit sexual behavior and lewd
and lascivious conduct with the Plaintiff, Defendant Alexander Theroux contacted the
Plaintiff by telephone at the Plaintiffs home to ask the Plaintiff to enroll in one of
Alexander Theroux would give the Plaintiff a good grade if the Plaintiff enrolled in a
-3-
Case 1:17-cv-10703-RGS Document 1 Filed 04/21/17 Page 4 of 9
14. In approximately 1983 or 1984, when the Plaintiff was in her junior year at
Phillips Academy, the Plaintiff wrote a letter about sexual misconduct at Phillips
Academy and submitted the letter for inclusion in Phillips Academys school newspaper,
The Phillipian. A student who worked for The Phillipian informed the Plaintiff that her
letter would not be published in the newspaper. That student also informed the Plaintiff
McNemar), was aware of the Plaintiffs letter and requested to speak with the Plaintiff
15. In approximately 1983 or 1984, following her conversation with the student
who worked for The Phillipian as described above, the Plaintiff told Mr. McNemar about
Defendant Alexander Therouxs explicit sexual behavior and lewd and lascivious
conduct with the Plaintiff. In response, Mr. McNemar told the Plaintiff that, as of the time
of this conversation between the Plaintiff and Mr. McNemar, Defendant Alexander
Theroux had already ceased working for Phillips Academy, and, therefore, there was
nothing Mr. McNemar would do about Defendant Alexander Therouxs explicit sexual
lewd and lascivious conduct with the Plaintiff, the Plaintiff suffers, has suffered, and will
continue to suffer in the future severe emotional distress and physical harm manifested
by objective symptomatology, including, but not limited to, suicidal ideation, depression,
-4-
Case 1:17-cv-10703-RGS Document 1 Filed 04/21/17 Page 5 of 9
misrepresented and concealed from the Plaintiff the wrongful nature of Defendant
Alexander Therouxs explicit sexual behavior and lewd and lascivious conduct with the
Plaintiff and that such explicit sexual behavior and lewd and lascivious conduct could
lewd and lascivious conduct with the Plaintiff, the Plaintiff is unable at this time to fully
disclose in complete detail to what degree Defendant Alexander Theroux did abuse the
19. The Plaintiff repeats, realleges, and incorporates by reference herein each and
20. By engaging in the explicit sexual behavior and lewd and lascivious conduct
with the Plaintiff described above, Defendant Alexander Theroux acted intentionally so
21. By engaging in the explicit sexual behavior and lewd and lascivious conduct
described above, Defendant Alexander Theroux placed the Plaintiff in imminent and
22. As a direct and proximate result of Defendant Alexander Theroux placing the
Plaintiff in imminent and reasonable apprehension of harmful and offensive contact, the
-5-
Case 1:17-cv-10703-RGS Document 1 Filed 04/21/17 Page 6 of 9
Plaintiff suffered and will continue to suffer in the future: severe and permanent mental
distress and emotional injuries as outlined above; financial expenses for medical and
therapeutic care and treatment; long term lost earning capacity; as well as other damages.
24. The Plaintiff repeats, realleges, and incorporates by reference herein each and
25. By engaging in the explicit sexual behavior and lewd and lascivious conduct
unjustified harmful and offensive physical contact and touching of the Plaintiff, and
repeatedly performed such unjustified harmful and offensive physical contact and
unjustified harmful and offensive physical contact and touching, the Plaintiff suffered
and will continue to suffer in the future: severe and permanent mental distress and
emotional injuries as outlined above; financial expenses for medical and therapeutic care
and treatment; long term lost earning capacity; as well as other damages.
-6-
Case 1:17-cv-10703-RGS Document 1 Filed 04/21/17 Page 7 of 9
28. The Plaintiff repeats, realleges, and incorporates by reference herein each and
29. By engaging in the explicit sexual behavior and lewd and lascivious conduct
upon the Plaintiff, or Defendant Alexander Theroux knew or should have known that
emotional distress was the likely result of Defendant Alexander Therouxs conduct.
sexual behavior and lewd and lascivious conduct described above is extreme and
outrageous, beyond all possible bounds of decency, and utterly intolerable in a civilized
community.
31. The mental distress and emotional injuries which the Plaintiff suffered and
will continue to suffer were severe, and of a nature that no reasonable person could be
Theroux in engaging in the explicit sexual behavior and lewd and lascivious conduct
described above, the Plaintiff suffered and will continue to suffer in the future: severe
and permanent mental distress and emotional injuries as outlined above; financial
expenses for medical and therapeutic care and treatment; long term lost earning capacity;
-7-
Case 1:17-cv-10703-RGS Document 1 Filed 04/21/17 Page 8 of 9
34. The Plaintiff repeats, realleges, and incorporates by reference herein each and
Theroux had a duty of care to properly and safely teach, direct, counsel, and supervise
minor children who were students at Phillips Academy, including the Plaintiff.
exercise the care of a reasonable person in his contact with and supervision of the
touching between an adult teacher at Phillips Academy and a minor student at Phillips
37. At all relevant times to this action, Defendant Alexander Theroux knew or
should have known that violating boundaries concerning appropriate and inappropriate
touching and interactions by engaging in the conduct described above would result in
38. A reasonable person in the Plaintiff's position would have suffered extreme
conduct, the Plaintiff suffered and will continue to suffer in the future: severe and
-8-
Case 1:17-cv-10703-RGS Document 1 Filed 04/21/17 Page 9 of 9
said mental distress and emotional injuries as outlined above; financial expenses for
medical and therapeutic care and treatment; long term lost earning capacity; as well as
other damages.
$5,000,000.00 in damages against Defendant Alexander Theroux for each claim Plaintiff
Marie Sapienza states against Defendant Alexander Theroux, plus costs, interest,
attorneys' fees, and such other and further relief as this Court deems just and equitable.
By Plaintiffs Attorney,
-9-
Case 1:17-cv-10703-RGS Document 1-1 Filed 04/21/17 Page 1 of 1
JS44 {Rov.0B/!6) ^ ^
TheJS 44civil cover sheet andthe information contained herein neither replace norsupplement thefiling andservice of pleadings orother papers as required bylaw, except as
provided by local rules ofcourt. This form, approved by the Judicial Conference ofthe United Stales in September 1974, isrequired for the use ofthe Clerk ofCourt for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ONNl^XT PAGE OF THIS FORM.)
(b) Countyof Residence of First Listed PlainlifT County of Residence ofFirst Listed Defendant Bamstable
(EXCEPT IN U.S PLAINTIFF CASES) (IN U.S. PUINTIFF CASESONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
fc) Attorneys (Firm Name, Aildrcs.i, and Telephone Number) Attorneys (If Known)
Mitcnell Garabedian, Esq.
Law Offices of Mitchell Garabedian
100 State Street, 6th Floor, Boston, MA 02109 - (617) 523-6250
II. BASIS OF JURISDICTION (Placean"X"inOneBox Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X"inOneBoxfor Plaintiff
(ForDiversity CasesOnly) andOneBoxfor Defendant)
O I U.S. Government 3 Federal Question PTE DEF PTF DEF
Plaintiff (U.S. Government Not a Parly) Citizenof ThisState 1 ^ \ Incorporated or Principal Place 0 4 0 4
of Business In This Stue
2 U.S. Government H 4 Diversity Citizen of Another State Incorporated and Principal Place
Defendant (Indicate Cilizenshipof Parlies in Item III) of Business In Another State
IV. NATURE OF SUIT (Place an "X"in OneBox Only) Click here for: Nature of Suit Code Descriptions.
TOR'TS B:(t)t)n>lliilil!lsridai:iiiW ;Mili NtUi u
no Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 use 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury of Property 21 USC881 423 Withdrawal 376QuiTam(31USC
O 130 Miller Aci O 315 Airplane Product Product Liability 690 Other 28 use 157 3729(a))
D 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionmenl
Pharmaceutical 410 Antitrust
O 150 Recovery of Overpayment 320 Assault, Libel &
& Enforcement of Judgment Slander Personal Injury O 820 Copyrights 430 Banks and Banking
330 Federal Employers' Product Liability 830 Patent 450 Commerce
151 Medicare Act
O 152 Recovery of Defaulted Liability O 368 Asbestos Personal 840 Trademark 460 Deportation
Student Loans 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) O 345 Marine Product Liability 1 LAROR 1 SOCIAL SECURITY CoiTuptOrganizations
153 RecoveryofOverpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards a 861 HlA(1395fl) 480 Consumer Credit
350 Motor Vehicle 370 Other Fraud Act O 862 Black Lung (923) 490 Cable/Sat TV
of Veteran's Benefits
355 Motor Vehicle O 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
D t60 Stockholders'Suits
Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange
0 190 Other Contract
0 195 Contract Product Liability H 360 OtherPersonal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injuty 385 Property Damage 751 Family and Medical 891 Agricultural Acts
D 362 Persona]Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom oflnformation
791 Employee Retirement Act
REAL PROPERTY CIVIL RIGHTS
440 Other Civil Rights Habeas Corpus: Income Security Act O 870 Taxes (U.S. PiaintiiT 896 Arbitration
210 Land Condemnation
441 Voting O 463 Alien Detainee or Defendant) 899 Administrative Procedure
220 Foreclosure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
O 240 Torts to Land 443 Housing/ Sentence 26 use 7609 Agency Decision
245 Tort Product Liability Accommodations 530 Genera! 950 Constitutionality of
535 Death Penalty IMMIGRATION State Statutes
290 AHOther Real Property O 445 Amcr. w/Disabilities
Employment Other: 462 Naturalization Application
O 446 Aincf. w/Disabilities 540 Mandamus & Other D 465 Other Immigration
Other 550 Civil Rights Actions
443 Education O 555 Prison Condition
O 560 Civil Detainee
Conditions of
Confinement
JS44 {Rov.0B/!6) ^ ^
TheJS 44civil cover sheet andthe information contained herein neither replace norsupplement thefiling andservice of pleadings orother papers as required bylaw, except as
provided by local rules ofcourt. This form, approved by the Judicial Conference ofthe United Stales in September 1974, isrequired for the use ofthe Clerk ofCourt for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ONNl^XT PAGE OF THIS FORM.)
(b) Countyof Residence of First Listed PlainlifT County of Residence ofFirst Listed Defendant Bamstable
(EXCEPT IN U.S PLAINTIFF CASES) (IN U.S. PUINTIFF CASESONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
fc) Attorneys (Firm Name, Aildrcs.i, and Telephone Number) Attorneys (If Known)
Mitcnell Garabedian, Esq.
Law Offices of Mitchell Garabedian
100 State Street, 6th Floor, Boston, MA 02109 - (617) 523-6250
II. BASIS OF JURISDICTION (Placean"X"inOneBox Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X"inOneBoxfor Plaintiff
(ForDiversity CasesOnly) andOneBoxfor Defendant)
O I U.S. Government 3 Federal Question PTE DEF PTF DEF
Plaintiff (U.S. Government Not a Parly) Citizenof ThisState 1 ^ \ Incorporated or Principal Place 0 4 0 4
of Business In This Stue
2 U.S. Government H 4 Diversity Citizen of Another State Incorporated and Principal Place
Defendant (Indicate Cilizenshipof Parlies in Item III) of Business In Another State
IV. NATURE OF SUIT (Place an "X"in OneBox Only) Click here for: Nature of Suit Code Descriptions.
TOR'TS B:(t)t)n>lliilil!lsridai:iiiW ;Mili NtUi u
no Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 use 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury of Property 21 USC881 423 Withdrawal 376QuiTam(31USC
O 130 Miller Aci O 315 Airplane Product Product Liability 690 Other 28 use 157 3729(a))
D 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionmenl
Pharmaceutical 410 Antitrust
O 150 Recovery of Overpayment 320 Assault, Libel &
& Enforcement of Judgment Slander Personal Injury O 820 Copyrights 430 Banks and Banking
330 Federal Employers' Product Liability 830 Patent 450 Commerce
151 Medicare Act
O 152 Recovery of Defaulted Liability O 368 Asbestos Personal 840 Trademark 460 Deportation
Student Loans 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) O 345 Marine Product Liability 1 LAROR 1 SOCIAL SECURITY CoiTuptOrganizations
153 RecoveryofOverpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards a 861 HlA(1395fl) 480 Consumer Credit
350 Motor Vehicle 370 Other Fraud Act O 862 Black Lung (923) 490 Cable/Sat TV
of Veteran's Benefits
355 Motor Vehicle O 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
D t60 Stockholders'Suits
Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange
0 190 Other Contract
0 195 Contract Product Liability H 360 OtherPersonal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injuty 385 Property Damage 751 Family and Medical 891 Agricultural Acts
D 362 Persona]Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom oflnformation
791 Employee Retirement Act
REAL PROPERTY CIVIL RIGHTS
440 Other Civil Rights Habeas Corpus: Income Security Act O 870 Taxes (U.S. PiaintiiT 896 Arbitration
210 Land Condemnation
441 Voting O 463 Alien Detainee or Defendant) 899 Administrative Procedure
220 Foreclosure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
O 240 Torts to Land 443 Housing/ Sentence 26 use 7609 Agency Decision
245 Tort Product Liability Accommodations 530 Genera! 950 Constitutionality of
535 Death Penalty IMMIGRATION State Statutes
290 AHOther Real Property O 445 Amcr. w/Disabilities
Employment Other: 462 Naturalization Application
O 446 Aincf. w/Disabilities 540 Mandamus & Other D 465 Other Immigration
Other 550 Civil Rights Actions
443 Education O 555 Prison Condition
O 560 Civil Detainee
Conditions of
Confinement