1 2 3 4 5 6 7 8 9 10 11 12 WELDON MARC GILBERT, 13 14 15 16 17 18 19 20 21 he is in federal custody. 22 23 24 25 26 2.1. II. JURISDICTION AND VENUE The primary conduct complained of herein occurred in Pierce County, 1.1. I. PARTIES Defendant. JURY DEMAND v. L.C., No. Plaintiff, COMPLAINT FOR PERSONAL INJURY UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Plaintiff L.C., born March 16, 1987, is 22 years old and resides in Pierce
County, Washington. 1.2. Defendant Weldon Marc Gilbert, born August 26, 1960, is an individual who
lived at times relevant to this lawsuit at Lake Tapps, Pierce County, Washington. Currently,
Washington, where plaintiff and defendant resided.
COMPLAINT FOR PERSONAL INJURY 1
P:\175776900\P\Complaint-083109.doc
1 2 3 4 5 6 7 8 9 10 11 12 13
2.2.
This Court has personal and subject matter jurisdiction over the claims
brought herein pursuant to the 18 USC §2251 (sexual exploitation of children); 18 USC §2255 (civil remedy for personal injuries); 28 U.S.C. §1331 (federal question of jurisdiction); and 28 U.S.C. §1367 (supplemental jurisdiction). III. 3.1. FACTS
When L.C. was about 12 years old, he accompanied some friends to the home
of the defendant to obtain alcohol. 3.2. The defendant required plaintiff to submit to an initiation ceremony in order to
obtain alcohol. The ceremony involved the defendant forcefully spanking plaintiff on his bare buttocks with a paddle. Unbeknownst to plaintiff, the defendant video-taped the
initiation ceremony. To accomplish the video-taping, the defendant used materials and equipment that were manufactured outside the state of Washington and which traveled in
14 15 16 17 18 19 20 21 22 23 24 25 26 3.5. In the fall of 2007, the defendant was arrested for sexually assaulting interstate commerce. 3.3. Over the next few years, the defendant engaged in sexual spanking and
masturbation of plaintiff on multiple occasions. 3.4. Plaintiff did not discuss defendant’s conduct with anyone and tried to suppress
that it had happened. After the sexual abuse began, plaintiff experienced problems at school and home. He also became addicted to controlled substances.
numerous adolescent boys, including plaintiff. Law enforcement searched defendant’s home and found the films he had made of his initiation ceremonies. 3.6. Plaintiff was contacted by the authorities. He acknowledged that he had been
one of the defendant’s victims and learned that the defendant filmed the abuse. At the behest
COMPLAINT FOR PERSONAL INJURY 2
P:\175776900\P\Complaint-083109.doc
1 2 3 4 5 6 7 8 9 10 11 12 13
of law enforcement, he reviewed the initiation tapes, and identified himself in one of the initiation films. 3.7. Plaintiff began seeing a therapist and has just begun to recognize the extent of
injuries he sustained from being sexually abused by the defendant, and the relationship between the sexual abuse and his injuries. 3.8. On April 26, 2009, defendant pled guilty in federal court to criminal charges
involving Sexual Exploitation of a Minor in the Production of Child Pornography, Transportation of a Minor to Engage in Illegal Sexual Activity, and Obstruction of Justice. He pled to 35 counts and is scheduled to be sentenced in October 2009. He also agreed to plead guilty to charges in Pierce County Superior Court. IV. 4.1. LIABILITY
Defendant is liable to plaintiff for sexually assaulting him. Defendant is liable to plaintiff for physically assaulting him. Defendant is liable for intentionally and recklessly inflicting emotional
14 15 16 17 18 19 20 21 22 23 24 25 26 4.6. Defendant is liable to plaintiff for sexual exploitation of a minor in violation 4.2. 4.3.
distress on plaintiff. 4.4. 4.5. Defendant is liable for negligent infliction of emotional distress on plaintiff. Defendant is liable to plaintiff for communication with a minor for immoral
purposes in violation of RCW 9.68A.090.
of RCW 9.68A 040 and 9.68A.070. 4.7. Defendant is liable to plaintiff pursuant to 18 USC §2255 for sexual
exploitation of a minor in violation of 18 USC §2251.
COMPLAINT FOR PERSONAL INJURY 3
P:\175776900\P\Complaint-083109.doc
1 2 3 4 5 A. 6 7 8 9 10 11 E. 12 13 14 15 16 17 18 19 5.5 20 21 22 23 24 25 26 F. and costs. B. C. 5.1
V.
DAMAGES AND RELIEF REQUESTED
As a direct and proximate result of the defendant’s above described conduct,
plaintiff has sustained significant injuries for which he is entitled to be compensated, including but not limited to: Past, present, and future pain and suffering, both physical and emotional; Past, present, and future psychological trauma and impairment; Medical bills and other health care expenses for past and future treatment
related to the abuse; D. Wage loss; Loss of educational opportunity; and Pursuant to RCW 9.68A.130, defendant is also liable to plaintiff for legal fees
All of the above damages are in an amount which will be proven at the time of trial. 5.2 Plaintiff seeks to enjoin defendant from further transfers of or encumbrances
on any property owned by him until such time as the full extent of his obligations to plaintiff have been fulfilled. Plaintiff asks this Court to appoint a receiver to take charge of all assets of
defendant, including all assets transferred from defendant to others, including family members, since he learned he was under investigation in October 2007. The fees of the receiver shall be paid by defendant whose conduct has necessitated the appointment of a receiver.
COMPLAINT FOR PERSONAL INJURY 4
P:\175776900\P\Complaint-083109.doc
1 2 3 4 5
VI.
PRAYER FOR RELIEF
WHEREFORE, plaintiff prays for judgment against defendant Weldon Marc Gilbert for the damages set forth in this complaint together with plaintiff’s costs and disbursements, attorney’s fees, and such other and further relief as the court deems equitable in this matter. Plaintiff also prays for injunctive relief prohibiting the defendant from transfers and
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED this 21st day of September, 2009. s/ Kathryn Goater KATHRYN GOATER, WSBA #9648 REBECCA J. ROE, WSBA # Counsel for Plaintiff encumbrances of assets and for appointment of a receiver.
SCHROETER, GOLDMARK & BENDER
810 Third Avenue, Suite 500 Seattle, WA 98104 Phone: (206) 622-8000 Fax: (206) 682-2305 Email: goater@sgb-law.com roe@sgb-law.com
COMPLAINT FOR PERSONAL INJURY 5
P:\175776900\P\Complaint-083109.doc