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State of Rhode Island and Providence Plantations Superior Court Providence, Sc

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State of Rhode Island and Providence Plantations Superior Court Providence, Sc Case Number: PC-2019-09894 Filed in Providence/Bristol County Superior Court Submitted: 9/30/2019 5:24 PM Envelope: 2274916 Reviewer: Carol M. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE, SC. PHILIP EDWARDO, Plaintiff C.A. No. _______________ LOUIS A. GELINEAU, THE ROMAN PLAINTIFF HEREBY CATHOLIC BISHOP OF CLAIMS A PROVIDENCE, a Corporation Sole, TRIAL BY JURY THOMAS TOBIN, ST. ANTHONY ON ALL CHURCH CORPORATION NORTH COUNTS PROVIDENCE, and JOHN/JANE DOE 1-250, XYZ CORPORATIONS 1-250 Defendants COMPLAINT I. THE PARTIES A. PLAINTIFF, PHILIP EDWARDO 1. PLAINTIFF, PHILIP EDWARDO, (hereinafter "PLAINTIFF"), is domiciled in and a citizen of the State of Florida. PLAINTIFF was born October 2, 1966, and was a minor when the sexual abuse and exploitation alleged herein commenced. 2. As more specifically set forth below, PLAINTIFF, while a minor, was sexually molested by PHILIP MAGALDI, then a priest incardinated to the Diocese of Providence, who at all times relevant hereto, acted as a Roman Catholic priest under the authority, supervision, employ or control of other defendants identified herein as "HIERARCHY DEFENDANTS" and "PARISH CORPORATION DEFENDANT(S)." Case Number: PC-2019-09894 Filed in Providence/Bristol County Superior Court Submitted: 9/30/2019 5:24 PM Envelope: 2274916 Reviewer: Carol M. B. HIERARCHY DEFENDANTS 1. Defendant, the ROMAN CATHOLIC BISHOP OF PROVIDENCE, A CORPORATION SOLE, and/or its predecessors and/or successors (hereinafter “RCB”), is and was at all times material hereto a corporation organized under the laws of the State of Rhode Island, having its principal place of business in Providence, Rhode Island, (a) which corporation’s function and/or purpose was in furtherance of Defendant MOST REV. LOUIS E. GELINEAU’S interests in his capacity as Roman Catholic Bishop of Providence (the highest officer in the hierarchical government domiciled within the Roman Catholic Diocese of Providence); and (b) which is a primary corporate entity through which Bishop Gelineau and the Diocese of Providence conducts its business. (See EXHIBIT A-1 attached hereto and incorporated by reference.) 2. Defendant, MOST REV. LOUIS E. GELINEAU, sixth bishop of Providence (appointed 12/71, consecrated 1/72 – 1997), his predecessors and/or successors, (hereinafter “GELINEAU”), is and was at all times material hereto the duly appointed Roman Catholic Bishop of Providence, and/or the Administrator of, and doing business as, the "Diocese of Providence," and as such Roman Catholic Bishop of Providence, ex officio the Defendant RCB, a corporation sole, and ex officio, the President of the corporations, the Parish Corporation Defendant(s), and Defendants XYZ CORPORATIONS. The function of GELINEAU, as the Roman Catholic bishop and highest official representative of the Diocese of Providence, (the ‘Ordinary’) includes but is not limited to the governance of the Roman Catholic Diocese of Providence, with a three-fold power: legislative, executive and -2- Case Number: PC-2019-09894 Filed in Providence/Bristol County Superior Court Submitted: 9/30/2019 5:24 PM Envelope: 2274916 Reviewer: Carol M. judicial. Defendant GELINEAU can personally exercise legislative power; he can exercise judicial power either personally or through a judicial vicar and judges; and he can exercise executive power, including but not limited to the administration of property and personnel policy, either personally or through vicars general or episcopal vicars. Said administrative responsibilities include, but are not limited to the training, hiring, assignment, monitoring and/or supervision of diocesan candidates accepted for admission to the priesthood, seminarians, deacons and priests generally, and OFFENDING CLERIC named herein in particular, and/or the administration/supervision regarding reports or notice of alleged abuse and/or sexual misconduct against Roman Catholic priests within the Roman Catholic Diocese of Providence. Defendant GELINEAU is a domiciliary and citizen of Rhode Island. 3. Defendant, MOST REV. THOMAS TOBIN, (hereinafter "TOBIN"), was as of April of 2005, a successor to GELINEAU, the Roman Catholic Bishop of Providence, and a domiciliary of Rhode Island, and at all times material hereto an official and member of the hierarchy of the Diocese of Providence, serving in the capacity of Ordinary as set forth above, and assuming the roles previously held by Bishop Mulvee and GELINEAU . 4. Defendants, JOHN/JANE DOE 1-250, and/or their predecessor(s) and/or successor(s) (hereinafter "DOE DEFENDANTS"), were at all times material hereto members and/or "Diocesan Officials" of the Roman Catholic Diocese of Providence, including but not limited to: (a) The Diocesan Curia including but not limited to: the vicar(s) general of the diocese, the episcopal vicars, the chancellor(s), officials of the diocesan tribunal, examiners, consultors, auditors, the officials, promoter of justice and/or the defender(s) -3- Case Number: PC-2019-09894 Filed in Providence/Bristol County Superior Court Submitted: 9/30/2019 5:24 PM Envelope: 2274916 Reviewer: Carol M. of the bond (See EXHIBIT A-2, p. 2, attached hereto and incorporated by reference.); (b) Other officials of the diocese, including but not limited to the council of priests, college of consultors, members and/or directors of diocesan offices ("Diocesan Offices and Directors"), territorial vicars for parochial affairs, vicars forane or deans, and pastors (See EXHIBIT A-2, pp. 1-2); and/or; (c) Other agents, employees and/or servants, subject to the authority of Defendants RCB and/or GELINEAU: responsible for the administration of and/or assisting GELINEAU and/or RCB in the administration of business of within and for the Diocese of Providence, including but not limited to the training, hiring, assignment, monitoring and/or supervision of diocesan candidates accepted for the priesthood, seminarians, deacons and priests generally, and OFFENDING CLERIC named herein in particular; and/or the administration/supervision regarding reports or notice of alleged abuse against Roman Catholic priests within the Roman Catholic Diocese of Providence; and/or having actual or constructive knowledge of the activities of the OFFENDING CLERIC, HIERARCHY DEFENDANTS and/or PARISH CORPORATION DEFENDANTS giving rise to this suit. 5. Defendants, XYZ CORPORATIONS 1-250, and/or predecessor(s) and/or successor(s) (hereinafter "XYZ CORPORATIONS"), were at all times material hereto corporations organized under the laws of the State of Rhode Island through which the Roman Catholic Diocese of Providence carried on its temporal activities at the parochial and diocesan levels within the Diocese of Providence (State of Rhode Island), under the authority, through the hierarchical structure of -4- Case Number: PC-2019-09894 Filed in Providence/Bristol County Superior Court Submitted: 9/30/2019 5:24 PM Envelope: 2274916 Reviewer: Carol M. the Roman Catholic Diocese of Providence, of Defendants GELINEAU and/or RCB: (a) which corporations' agents, servants and/or employees were responsible for the training, hiring, assignment, monitoring and/or supervision of diocesan candidates accepted for training for the priesthood, seminarians, deacons and priests generally, and OFFENDING CLERIC named herein in particular; (b) and/or the administration/supervision regarding reports or notice of alleged abuse against Roman Catholic priests, within the Roman Catholic Diocese of Providence; (c) and/or having actual or constructive knowledge of the activities of the OFFENDING CLERIC giving rise to this suit. The activities, policies, practices and affairs of all said corporations, their agents, servants and/or employees are so dominated and controlled by the Defendants RCB and GELINEAU as to make them mere instrumentalities or agents of Defendants RCB and/or GELINEAU. (See EXHIBIT A-3 attached hereto and incorporated by reference.) 6. All substantive activities of all Defendants including but not limited to decisions involving finances, property management, purchases, promulgation and/or enforcement of Roman Catholic, diocesan and/or synodal laws, policies, rules or regulations, and the appointment, assignment, maintenance and supervision of diocesan seminarians, sub-deacons, permanent deacons, temporary deacons and priests, are in furtherance of the interests of and/or subject to the direct control of Defendants RCB and GELINEAU. The activities, policies, practices and affairs of all said Defendants, their agents, servants and/or employees are so dominated and controlled by the Defendants RCB and GELINEAU as to -5- Case Number: PC-2019-09894 Filed in Providence/Bristol County Superior Court Submitted: 9/30/2019 5:24 PM Envelope: 2274916 Reviewer: Carol M. make them mere instrumentalities or agents of Defendants RCB and/or GELINEAU. 7. The above Defendants, and the Parish Corporation defendant, identified below, are hereinafter collectively referred to as the "HIERARCHY DEFENDANTS". 8. The HIERARCHY DEFENDANTS have the authority and power, either individually or collectively, to take or initiate action to effect suspension of faculties, removal, laicization and/or other termination of a priest, or to deny a priest access to children, if there is reason to believe that the person is morally or otherwise unfit to serve, or poses a threat to the safety of children. 9. Notwithstanding, the HEIRARCY DEFENDANTS, acting in concert with diocesan officials elsewhere in the country, instead acted to protect themselves and the institution, and did so
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