CHARLESTON – A California man says he the victim of physical, sexual and emotional abuse during his stay at a Clendenin boarding school.
The plaintiff, identified only as J.G., filed his complaint in Kanawha Circuit Court against Blue Creek Academy, Bible Baptist Church, James Waldeck and J.R. Thompson as well as yet unknown corporations and agents.
“This is sadly another in what has become a long line of troubling cases involving this now shuttered institution," attorney Jesse Forbes told The West Virginia Record. "Despite the facility being closed, the damages alleged to have been inflicted continue to echo not only through the hollows of West Virginia but across the country through the lives of the survivors of this disturbing facility.”
Jesse W. Forbes
| forbeslawwv.com
“The allegations of abuse suffered by this young child are unimaginable and would send shivers up the spine of every caring West Virginian. This is yet another disturbing reminder of how the effects of childhood trauma are long lasting and can often impact an entire lifetime.
"These types of abuses should never be tolerated, and we are hopeful that all those with responsibility for the allegations will be held accountable through this civil justice process.”
According to the complaint, J.G. was a minor when he resided at Blue Creek Academy, which was operated by Bible Baptist Church. Waldeck was an officer of the academy, and Thompson was the director of the now-closed facility.
Blue Creek Academy claimed to offer an “alternative to today’s degenerate, secular culture and education methods and to assist teen boys solve their spiritual problems,” according to the complaint. It also advertised itself by saying, “Molding youth is better than mending men.”
J.G., who is of Hispanic and Black ethnicity, attended Blue Creek in 2013 and 2014. He claims Thompson physically, sexually and emotionally abused him.
Some of the physical injuries include being ejected from the rear of a flatbed truck after it hit a bump under a trailer, landing on the road and injuring his head as well as stepping on an exposed nail. He says he did not receive medical treatment either time.
The complaint also details several instances of sexual abuse and grooming by Thompson which occurred until another child fled the academy and was found by the West Virginia Department of Health and Human Resources’ Child Protective Services. That led to the closure of the boarding school in July 2014.
J.G. also says the defendants committed educational neglect. As an example, he says he had finished the eighth grade before arriving at Blue Creek. But he was placed in the fifth grade once there, later to be moved to ninth grade and bumped back down to seventh grade.
He also says the defendants took steps to maintain an abusive and neglectful atmosphere as well as having a poor “program design, lack of supervision and culture of silence and secrecy” that “endangered the health, safety and welfare of children participating in the claimed ministry at BCA.”
As a result of his time at BCA, J.G. says he has suffered from severe anxiety, depression and lifelong emotional and mental damages. He says he cries often and experiences episodes of rage because of what he endured at BCA.
Guy D’Andrea, another of the plaintiff's attorneys, is a former homicide prosecutor.
“As a former homicide prosecutor with a nationwide practice focused on representing victims of crime such as J.G., it continues to shock the conscience that there are institutions out there operating for years without detection or accountability," D'Andrea told The Record. "This complaint and its allegations shine yet another spotlight on the troubled boarding school industry and should hopefully serve as a stark reminder that those who think they can prey on children will be held accountable through the civil justice system. Like other brave child victims that have come forward to bring these issues to the forefront, this survivor seeks accountability not only for the damage to their life, but also for the systemic failures that should have never happened and would hopefully never happen to anyone else in the future.
"Unfortunately, the types of abuses alleged in this complaint occur in schools and institutions throughout the nation. While there are many wonderful boarding schools that do the right thing, others operate without appropriate safeguards and without sufficient standards, often with devastating abuses resulting, such as those alleged in this case. Our children deserve better, and through actions such as this, real change will hopefully take place and other kids won’t have to suffer as J.G. has due to the allegations in this case.”
J.G. accuses the defendants of negligence, negligent hiring and supervision, negligent infliction of emotional distress, violations of the West Virginia Human Rights Act, assault and battery, civil conspiracy, vocational and economic loss as well as non-economic loss.
He seeks compensatory damages, punitive damages, treatment costs, pre- and post-judgment interests, attorney fees, court costs and other relief.
J.G. is being represented by Forbes and Jennifer N. Taylor of Forbes Law Offices in Charleston and by D'Andrea and V. Paul Bucci II of Laffey Bucci & Kent in Philadelphia. The case has been assigned to Circuit Judge Dave Hardy.
Blue Creek Academy and Bible Baptist Church were named in at least two other similar lawsuits in 2015 and 2016. Both cases were settled out of court.
Forbes said he and the plaintiff hope the lawsuit helps bring "much needed change in the boarding school industry as a whole."
"Unfortunately, there are still institutions throughout this country that fail to have appropriate safeguards in place to protect our most precious resource – our children," Forbes said. "While the criminal justice system is often on the forefront in these types of cases, the civil justice system is a separate track that those who suffer at the hands of these institutions can utilize to not only bring a sense of justice for the survivor, but also to provide accountability for the perpetrators and effectuate change in the institutions.”
“Survivors such as this child victim are truly heroes willing to stand up not only for themselves, but also to see their efforts help stop the types of terrifying abuses alleged in this Complaint from occurring elsewhere. By exposing these horrors, survivors of child abuse use the civil justice system to hold their perpetrators accountable. Our brave client remains hopeful that by coming forward it will help bring these types of institutional problems into the light of day so that no one else has to suffer the alleged abuses this child victim was forced to endure.”
D'Andrea agreed.
“By standing up for themselves and seeking civil justice, survivors such as this show that it’s not only the criminal justice system that can provide accountability but also that the civil justice system is a parallel track that can help victims and effectuate change," he said. "The brave efforts of this survivor to come forward and bring their allegations to court helps to ensure that there are serious consequences for perpetrating upon the most vulnerable members of our society.”
Kanawha Circuit Court case number 24-C-29
