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FEDERAL DISTRICT COURT
DISTRICT OF NEW MEXICO
NO.
J. LAMAH, an anonymous individual
living with HIV positive status,
Plaintiff,
v.
ANITA ALDRICH, PAUL G. BECHTEL,
LOIS DAUELSBERG, JOHN KRAMER, M.D.,
JEAN SCHROEDER, MAX C. THOMPSON; Individually,
And in their Respective Capacities as Agents or Employees
of the American Orchid Society, and
THE AMERICAN ORCHID SOCIETY, A Not-for-Profit
Corporation,
Defendants.
COMPLAINT FOR DAMAGES FOR INVASION OF PRIVACY, BREACH OF
PHYSICIAN’S DUTY OF CONFIDENTIALITY, INTENTIONAL
INFLICTION OF EMOTIONAL DISTRESS, DEFAMATION OF
CHARACTER, VIOLATION OF ORGANIZATION’S
NONDISCRIMINATION POLICY, NEGLIGENT DETENTION,
SUPERVISION AND TRAINING BY THE AMERICAN ORCHID SOCIETY
Jurisdiction
1. Federal Jurisdiction is based on diversity of citizenship pursuant to 28
U.S.C. Section
1332.
2. Plaintiff is a
citizen of the State of New Mexico and defendant American Orchid Society is a
not-for-profit corporation incorporated under the laws of the State of New York having its
principal place of business in a State other than the State of New Mexico.
3. Defendants Anita
Aldrich, Paul G. Bechtel, Lois Dauelsberg, John Kramer, M.D.,
Jean Schroeder and Max C. Thompson are, and at all times mentioned herein were, citizens
of States other than the State of New Mexico.
4. The matters in
controversy between plaintiff and each individual defendant exceeds, exclusive of costs
and interest, the sum of seventy-five thousand dollars.
COUNT I
5. Plaintiff is and has been, at all times herein mentioned herein, a resident of the
County of Bernalillo, State of New Mexico.
6. Defendant Max C.
Thompson is and on information and belief has been, at all times herein mentioned, a
resident of the City of Winfield, County of Cowley, State of Kansas.
7. Defendant Max C.
Thompson was, on about February 16, 1996, the date of the wrongful acts alleged herein, an
agent or employee of the defendant American Orchid Society (hereafter referred to as
"AOS") by virtue of his certification as a judge for the AOS and his affiliation
with the Great Plains Judging Center, a regional center of the defendant AOS.
8. By virtue of
Defendant Max C. Thompson’s position within the AOS as Certified Judge of the Great
Plains Judging Center, Max C. Thompson was in a position to influence the opinions of
others within the AOS with respect to plaintiff’s standing and position within the
AOS.
9. On or before
February 16, 1996, Defendant Max C. Thompson caused to be publicly divulged confidential
medical information belonging to Plaintiff, regarding Plaintiff’s acquired immune
disorder syndrome (AIDS), and/or testing positive for the human immunodeficiency virus
(HIV).
10. Defendant Max C.
Thompson divulged Plaintiff’s protected confidential medical information by sending
e-mail messages or other electronic or written or verbal communications to members of the
American Orchid Society, believed to include defendants John Kramer, M.D., Lois
Dauelsberg, in the State of New Mexico, and others as yet unknown to Plaintiff within the
American Orchid Society.
11. This information
regarding Plaintiff’s condition of suffering from AIDS constituted private facts
belonging to Plaintiff which Defendant Max C. Thompson was not privileged to disclose.
12. As a result of this
unprivileged dissemination of Plaintiff’s confidential medical information, several
other people are believed to have subsequently become apprized of Plaintiff’s medical
status, specifically including Jean Schroeder of Salt Lake City, Bill Heath of Pecos, New
Mexico before August 6, 1996, and sometime thereafter, Lori Ericksen of Corrales, New
Mexico and Dr. Henry F. Oakeley of England.
13. This disclosure of
Plaintiff’s AIDS status was a serious invasion of Plaintiff’s privacy and was a
highly offensive and outrageous affront to Plaintiff because of the well documented
sociological impacts of stigmatization of persons known to have AIDS which extends to
their families, their employment circumstances and pervades every aspect of their daily
lives.
14. As a result of
Defendant Max C. Thompson’s disclosure of Plaintiff’s confidential medical
information, Plaintiff has been exposed to public ridicule, contempt and disgrace within
the American Orchid Society and elsewhere and Plaintiff’s standing within the
American Orchid Society and his community have been injured. All of these injuries have
caused Plaintiff damages in the form of severe mental anguish and distress, as well as
damaged and caused loss to his enjoyment of his chosen life activity of spending the
remaining years of his life growing, showing, and judging orchids within the AOS, all to
plaintiff’s detriment in a sum more fully set forth below.
15. As a proximate
result of the acts of the defendants as set forth herein, Plaintiff has suffered further
and additional damages relating to the deterioration of his medical condition. Subsequent
to Defendant Max C. Thompson’s disclosure of Plaintiff’s confidential medical
status and Plaintiff’s distress at learning of the disclosures, at Plaintiff’s
next viral load testing for the presence of the HIV virus, Plaintiff’s viral load had
increased from non-detectable to over 1000 parts per million, requiring an adjustment in
medications to control Plaintiff’s condition.
16. The acts and
omissions of Defendant Max C. Thompson for Max C. Thompson’s constitute malicious,
willful, reckless, wanton or grossly negligent conduct in the unprivileged disclosure of
Plaintiff’s AIDS status, sufficient to warrant the imposition of exemplary and
punitive damages in an amount sufficient to punish and make an example of defendant, as
more fully set forth below.
WHEREFORE Plaintiff prays judgment against Defendant Max C.
Thompson, individually, and as agent or employee for defendant AOS as set forth below.
COUNT II
17. Plaintiff is and has been, at all times herein mentioned, a resident of the State of
New Mexico, in the County of Bernalillo.
18. Defendant John
Kramer, M.D. is and is believed to have been, at all times herein mentioned, a resident of
the State of Oklahoma, in the City and County of Tulsa.
19. Defendant John
Kramer, M.D. was, on and around February 16, 1996, the date of the wrongful acts alleged
herein, an agent or employee of defendant AOS., by virtue of his certification as a judge
for the AOS and his position as Chairman of the Great Plains Judging Center.
20. By virtue of
Defendant Dr. Kramer’s position within the AOS as Chair of the Great Plains Judging
Center, Dr. Kramer was in a position to influence the opinions of others within the AOS
with respect to Plaintiff’s standing and position within the AOS.
21. On or before
February 16, 1996, Defendant Dr. Kramer caused to be publicly divulged confidential
medical information belonging to Plaintiff, regarding Plaintiff’s acquired immune
disorder syndrome (AIDS), and or testing positive for the human immunodeficiency virus
(HIV).
22. Defendant Dr.
Kramer divulged Plaintiff’s protected confidential medical information by sending
e-mail messages or other electronic or written communications to members of the American
Orchid Society, believed to include Lois Dauelsberg in the State of New Mexico, and others
as yet unknown to Plaintiff within the American Orchid Society.
23. This information
regarding Plaintiff’s condition of suffering from AIDS constituted private facts
belonging to Plaintiff which Defendant Dr. Kramer was not privileged to disclose.
24. As a result of this
unprivileged dissemination of Plaintiff’s confidential medical information, several
other people are believed to have subsequently become apprized of Plaintiff’s medical
status, specifically including Jean Schroeder of Salt Lake City, Bill Heath of Pecos, New
Mexico before August 6, 1996, and sometime thereafter, Lori Ericksen of Corrales, New
Mexico and Dr. Henry F. Oakeley of England.
25. This disclosure of
Plaintiff’s AIDS status was a serious invasion of Plaintiff’s privacy and was a
highly offensive and outrageous affront to Plaintiff because of the well documented
sociological impacts of stigmatization of persons known to have AIDS which extends to
their families, their employment circumstances and pervades every aspect of their daily
lives.
26. As a result of
Defendant Dr. Kramer’s disclosure of Plaintiff’s confidential medical
information, Plaintiff has been exposed to public ridicule, contempt and disgrace within
the American Orchid Society and elsewhere and Plaintiff’s standing within the
American Orchid Society and his community have been injured. All of these injuries caused
Plaintiff severe mental anguish and distress, as well as damages for the loss of enjoyment
of his chosen life activity of spending the remaining years of his life growing, showing,
and judging orchids within the AOS, all to plaintiff’s detriment in a sum more fully
set forth below.
27. As a proximate
result of the acts of defendant John Kramer, M.D., Plaintiff suffered additional damages
relating to a deterioration of his medical condition. Subsequent to Defendant Dr.
Kramer’s disclosure of Plaintiff’s confidential medical status and
Plaintiff’s distress at learning of the disclosures, and at Plaintiff’s next
viral load testing for the presence of the HIV virus, Plaintiff’s viral load had
increased from non-detectable to over 1000 parts per million, requiring an adjustment in
medications to control Plaintiff’s condition.
28. The acts and
omissions of Defendant John Kramer, M.D. constitute malicious, willful, reckless, wanton
or grossly negligent conduct in the unprivileged disclosure of Plaintiff’s AIDS
status, sufficient to warrant the imposition of exemplary and punitive damages in an
amount sufficient to punish and make an example of defendant, as more fully set forth
below.
WHEREFORE Plaintiff prays judgment against Defendant John Kramer, M.D., individually, and
as agent or employee for defendant AOS as more fully set forth below.
COUNT III
29. Plaintiff realleges and incorporates herein the allegations of paragraphs 1-28 of this
complaint as though fully set forth below.
30. The acts of
Defendant Max C. Thompson and defendant John Kramer set forth hereinabove were atrocious
and outrageous in character, and so extreme in degree as to go beyond all possible bounds
of decency. The acts of Defendant Max C. Thompson and Defendant John. Kramer described in
paragraphs 1-28 above were done willfully, maliciously, and outrageously under the
circumstances, with the intent to inflict emotional distress upon Plaintiff, or were done
in reckless disregard of the probability of causing Plaintiff severe emotional distress.
31. The acts of
Defendant Max C. Thompson and Defendant John Kramer described in paragraphs 1-28 above did
in fact result in Plaintiff’s severe and extreme emotional distress from the
stigmatization and harassment Plaintiff received due to the widespread knowledge of his
AIDS status throughout the AOS.
32. As a direct and
proximate result of Defendant Max C. Thompson’s and defendant John Kramer’s acts
alleged herein, Plaintiff was caused to incur severe and grievous mental and emotional
suffering, anguish, nervousness and anxiety which continues to this day, all to the
detriment of plaintiff in a sum set forth below.
WHEREFORE, Plaintiff requests judgment against Defendant Max C. Thompson and defendant
John Kramer, individually and as agent or employee for the AOS, as more fully set forth
below.
COUNT IV
33. Plaintiff realleges and incorporates herein the allegations of paragraphs 1-31 of this
complaint as though fully set forth below.
34. Defendant Lois
Dauelsberg, is and is believed to have been, at all time herein mentioned, a resident of
the State of New Mexico, in the city of Los Alamos, and the County of Los Alamos.
35. Defendant Lois
Dauelsberg was, on and around February 16, 1996 the date of the wrongful acts alleged
herein, an agent or employee of the American Orchid Society (AOS), by virtue of her
certification as a judge for the AOS and Chairman of the Rocky Mountain Judging Center,
making her Plaintiff’s superior and placing her in a position to influence the
opinions of others within the AOS with respect to Plaintiff’s standing and position
within the American Orchid Society.
36. Subsequent to or
about February 16, 1996 Defendant Dauelsberg caused confidential medical information
regarding Plaintiff’s acquired immune disorder syndrome (AIDS) to be publicly
divulged to Bill Heath, a resident of the State of New Mexico, who had no prior knowledge
of Plaintiff’s medical condition, and others in the AOS and Orchid community whose
names are as yet unknown to Plaintiff.
37. These repeated
disclosures of Plaintiff’s AIDS status by Defendant Dauelsberg were serious invasions
of Plaintiff’s privacy and were highly offensive and outrageous affronts to Plaintiff
because of the well documented sociological impacts of stigmatization of persons known to
have AIDS which extends to their families, their employment circumstances and which
pervades every aspect of their daily lives.
38. This information
regarding Plaintiff’s condition of suffering from AIDS constituted private facts
belonging to Plaintiff which Defendant Dauelsberg was not privileged to disclose.
39. As a direct and
proximate result of Defendant Dauelsberg’s disclosure of Plaintiff’s
confidential medical information, Plaintiff has been exposed to public ridicule, contempt
and disgrace within the American Orchid Society and elsewhere, and Plaintiff’s
standing within the AOS and his community have been injured. All of these injuries caused
Plaintiff severe mental anguish and distress, as well as damages for the loss of enjoyment
of his chosen life activity of spending the remaining years of his life growing, showing
and judging orchids within the AOS, all to the detriment of plaintiff in a sum set forth
below.
40. As a direct
and proximate result of the acts of defendant Dauelsberg, Plaintiff suffered further and
additional damages relating to a deterioration of his medical condition. Subsequent to
Defendant Dauelsberg’s disclosure of Plaintiff’s confidential medical status and
Plaintiff’s distress at learning of the disclosures, and at Plaintiff’s next
viral load testing for the presence of the HIV virus, Plaintiff’s viral load had
increased from non-detectable to over 1000 parts per million, requiring an adjustment in
medications to control Plaintiff’s condition.
41. The acts and
omissions of Defendant Dauelsberg constitute malicious, willful, reckless, wanton or
grossly negligent conduct in the unprivileged disclosure of Plaintiff’s AIDS status,
sufficient to warrant the imposition of exemplary and punitive damages in an amount
sufficient to punish and make an example of defendant, as more fully set forth below.
WHEREFORE Plaintiff prays judgment against Defendant Lois Dauelsberg, individually, and as
agent or employee for defendant AOS as more fully set forth below.
COUNT V
42. Plaintiff realleges and incorporates herein the allegations of paragraphs 1-40 of this
complaint as though fully set forth below.
43. The acts of
Defendant Dauelsberg described in Count IV above, were atrocious and so outrageous in
character and so extreme in degree as to go beyond all possible bounds of decency. The
acts of Defendant Dauelsberg described in Count IV above were done willfully, maliciously
and outrageously under the circumstances, with the intent to inflict emotional distress
upon Plaintiff, or were done in reckless disregard of the probability of causing Plaintiff
severe emotional distress.
44. As a direct and
proximate result of the acts of Defendant Dauelsberg described herein, Plaintiff did in
fact suffer severe and extreme emotional distress from the stigmatization and harassment
Plaintiff received due to the widespread knowledge of his AIDS status throughout the AOS.
45. As a direct and
proximate result of Defendant Dauelsberg’s acts alleged herein, Plaintiff was caused
to incur severe and grievous mental and emotional suffering, anguish, nervousness and
anxiety which continues to this day, all to plaintiff’s detriment in a sum set forth
below.
46. As a direct and
proximate result of Defendant Dauelsberg’s acts alleged herein, Plaintiff required
medical treatment on occasions subsequent to the disclosure, which treatment continues to
this day, all to plaintiff’s detriment in a sum set forth below.
COUNT VI
47. Plaintiff realleges and incorporates herein the allegations of paragraphs 1- 45 of
this complaint as though fully set forth below.
48. Defendant Jean
Schroeder, is and is believed to have been, at all times herein mentioned, a resident of
the State of Utah, in the county of Salt Lake in the city of Salt Lake.
49. Defendant Jean
Schroeder was on or before February 18, 1996, the date of the wrongful acts alleged
herein, a volunteer agent of the American Orchid Society (AOS), by virtue of her
membership in the AOS and her services to the Utah Orchid Society and others in the
capacity of guest speaker bookings for her own society and other orchid societies in the
States of Colorado, Arizona, and New Mexico.
50. On or before
February 18, 1996, Defendant Jean Schroeder caused to be publicly divulged confidential
medical information belonging to Plaintiff regarding Plaintiff’s acquired immune
deficiency syndrome (AIDS) to Bill Health in Pecos, New Mexico, and on its information and
belief to other persons not yet known to Plaintiff, and to Dr. Henry F. Oakeley of England
on or about August 5, 1996.
51. This information
regarding Plaintiff’s condition of suffering from AIDS constituted private facts
belonging to Plaintiff which Defendant Jean Schroeder was not privileged to disclose.
52. This disclosure of
Plaintiff’s AIDS status by Defendant Jean Schroeder was a serious invasion of
Plaintiff’s expectation of privacy and was a highly offensive and outrageous affront
to Plaintiff.
53. As a proximate
result of Defendant Jean Schroeder’s disclosure of Plaintiff’s confidential
medical information, Plaintiff has been exposed to public ridicule, contempt and disgrace
within the American Orchid Society and elsewhere and Plaintiff’s standing within the
AOS and his community have been injured, causing Plaintiff severe mental anguish and
distress, all to his detriment in a sum set forth below.
54. The acts and
omissions of Defendant Jean Schroeder constitute malicious, willful, reckless, wanton or
grossly negligent conduct in the unprivileged disclosure of Plaintiff’s AIDS status,
sufficient to warrant the imposition of exemplary and punitive damages in an amount
sufficient to punish and make an example of defendant, as more fully set forth below.
WHEREFORE Plaintiff prays judgment against Defendant Jean Schroeder, individually, and as
agent or employee for defendant AOS as set forth below.
COUNT VII
55. Plaintiff realleges and incorporates herein the allegations of paragraphs 1- 45 of
this complaint as though fully set forth below.
56. The acts of
Defendant Jean Schroeder as described in Count VI of this Complaint were extreme and done
willfully, maliciously, and outrageously under the circumstances, with the intent to
inflict emotional distress upon Plaintiff, or were done in reckless disregard of the
probability of causing Plaintiff severe emotional distress.
57. The acts of
Defendant Jean Schroeder described in Count VI of this Complaint did in fact result in
Plaintiff’s severe and extreme emotional distress.
58. As a direct
and proximate result of Defendant Jean Schroeder’s acts alleged herein, Plaintiff was
caused to incur severe and grievous mental and emotional suffering, anguish, nervousness
and anxiety which continues to this day, all to the detriment of plaintiff in a sum set
forth below.
59. As a direct
and proximate result of Defendant Jean Schroeder’s acts alleged herein, Plaintiff
required medical treatment on several occasions subsequent to the disclosure, which
treatment continues to this day, all to the detriment of Plaintiff in a sum set forth
below.
COUNT VIII
60. Plaintiff realleges and incorporates herein the allegations of paragraphs 1- 58 of
this complaint as though fully set forth below.
61. Defendant
American Orchid Society, at all times herein mentioned, had a relationship of principal
and agent or employer and employee between itself and Defendant John Kramer, and, between
itself and Defendant Dauelsberg, by virtue of the AOS’s control over the named
defendants’ status’ as judges and Chairpeople of the Regional Judging Centers of
the AOS.
62. Additionally,
the AOS, at all times herein mentioned, had a relationship of principal and agent or
employer and employee between itself and Defendant John Kramer and between itself and
Defendant Dauelsberg by virtue of the AOS’s receipt of services and business
transaction performed by the named defendants’ for or on behalf of the AOS and under
its direction.
63. When the
named defendants’ committed the wrongful acts alleged herein in Counts I through VII
set forth herein, they were acting in their capacities as agents, or employees of the AOS
as judges and or regional Chairpeople, committing the acts alleged to further the
interests of their principal or employer, defendant American Orchid Society.
64. The AOS, at
all times herein mentioned, and as set forth in Counts I through VII herein, maintained
the right to control, in minute detail, the appointment, and continuing certification of
AOS judges, including supervision and evaluation of the judges’ myriad duties,
including each judge’s personal integrity and moral character, pursuant to defendant
AOS’ own policies and procedures as set out in the AOS’s own Handbook on Judging
and Exhibition (see Exhibit A appended hereto and incorporated herein by reference).
65. At all times
herein mentioned there was in full force and effect a federal statute commonly known as
The American with Disabilities Act (ADA), U.S.C., et. seq. which provides, inter
alia,
that employers and business shall not discriminate against persons with disabilities.
66. Positive HIV
and AIDS status are recognized disabilities under the ADA.
67. By virtue of
the ADA, defendant AOS had a duty to train and supervise its agents and employees and to
adopt policies and procedures and to otherwise act in such a manner as to assure
compliance with the ADA.
68. Additionally,
the AOS had a common law duty to appropriately hire, train, supervise and retain agents
and employees who were fit for their positions within the AOS.
69. Defendant AOS
failed to adopt any policies or procedures or to train its agents and employees to assure
compliance with the ADA or its common law duties.
70. Defendant AOS
failed to supervise its agents and employees in any respect with regard to compliance with
the ADA requirements for treatment of person with HIV or AIDS status or in any respect to
its duties of agent or employee fitness for their positions.
71. Plaintiff J.
Lamah realleges and incorporates herein the acts of Defendant Dr. Kramer as set out in
Counts 1-V11 by reference as fully as if set forth herein verbatim.
72. Plaintiff J.
Lamah realleges and incorporates herein the acts of Defendant Dauelsberg as set out in
Counts 1-VII, by reference as fully as if set forth herein verbatim.
73. Despite
repeated demands by plaintiff to the President of the AOS, Mr. Peter Furniss, its
Executive Director, Lee Cooke, and its Vice-President (also Chairman of the Committee on
Awards—in charge of the AOS Judging Program) defendant Anita Aldrich, and the entire
Board of Trustees, defendant American Orchid Society took no action whatsoever to prevent
the conduct of its agents referred to in Counts 1-VII above, took no corrective or
disciplinary action, and initiated no steps to prevent further non-compliance with the ADA
directed towards Plaintiff or others.
74. As a
foreseeable direct and proximate result of defendant AOS and defendant Aanita
Aldrich’s failure to meet its duties toward Plaintiff, as set out above, Plaintiff
suffered extreme and repeated mental anguish and distress from the actions of the
AOS’s agents or employees, Defendant Dr. Kramer, and Defendant Dauelsberg, resulting
in damages to Plaintiff in a sum set forth below.
75. Defendant
AOS’s failure to act to correct the discriminatory actions of its agents or employees
was outrageous, intentional malicious and done with reckless and callous disregard for
Plaintiff’s right to be free from discrimination. The AOS knew or should have known
that its failure to comply with the ADA would cause Plaintiff or others similarly situated
to suffer great harm, and warrant the imposition of exemplary and punitive damages in an
amount sufficient to punish and make an example of defendant, as more fully set forth
below.
WHEREFORE Plaintiff prays judgment against Defendant American Orchid Society and Defendant
Anita Aldrich, individually, and as agent or employee for defendant AOS as set forth
below.
COUNT IX
76. Plaintiff realleges and incorporates herein the allegations of paragraphs 1- 74 of
this complaint as though fully set forth below.
77. Plaintiff is
and has been, at all times herein mentioned, a resident of the State of New Mexico, in the
County of Bernalillo.
78. Defendant
Paul G. Bechtel is and is believed to have been, at all times herein mentioned, a resident
of the State of California, in the County of San Bernardino and the city of Redlands.
79. Defendant
Paul G. Bechtel was, on and around May 6-7, 1998, the date of the wrongful acts alleged
herein were culminated, an agent or employee of the American Orchid Society (AOS), by
virtue of his certification as a judge for the AOS and his position as Chairman of the
Judging Committee.
80. By virtue of
Defendant Paul G. Bechtel’s position within the AOS as Chairman of the Judging
Committee, Mr. Bechtel was in a position to influence the opinions of others within the
AOS with respect to Plaintiff’s standing and position within the AOS.
81. On May 6 or
7, 1998, at a meeting of the Judging Committee of the American Orchid Society, at the 1998
spring meeting of the AOS Trustees held in Toronto, Canada, Defendant Paul G. Bechtel
caused to be publicly divulged to some thirty-one persons present, information that was
taken out of context and orally presented a letter to be read from an
"anonymous" source which was written to falsely and maliciously defamed the good
and moral character of Plaintiff.
82. The tone of
the Defendant Bechtel’s voice and the false and malicious contents of the
"anonymous" letter read to the Judging Committee by the Defendant Mr. Bechtel
was a highly offensive and outrageous affront to Plaintiff that went far beyond all
possible bounds of decency, and the total presentation of the Defendant Mr. Bechtel’s
presentation successfully defamed the good name and reputation of Plaintiff to the extent
of the AOS Judging Committee casting an unanimous vote for rejecting the recommendation to
elevate Plaintiff from Student Judge to that of Probationary Judge.
83. As the
proximate result of the false and malicious publication of both written and oral material
by the Defendant Mr. Bechtel, Plaintiff has been exposed to public scorn, ridicule,
hatred, contempt and disgrace within the American Orchid Society and elsewhere, and
Plaintiff’s standing within the American Orchid Society and his community have been
grievously and irreversibly injured. All of these injuries caused Plaintiff severe mental
anguish and distress, as well as damages for the loss of enjoyment of his chosen life
activity of spending the remaining years of his life growing, showing, and judging orchids
within the AOS,, all to the detriment of plaintiff in a sum set forth below.
84. Plaintiff
further requests punitive damages be imposed against Defendant Paul G. Bechtel for
defendant’s malicious, willful, reckless, wanton and grossly negligent public
defamation of Plaintiff’s good name and reputation.
COUNT X
85. Plaintiff realleges and incorporates herein the allegations of paragraphs 1- 83 of
this complaint as though fully set forth below.
86. Plaintiff is
and has been, at all times herein mentioned, a resident of the State of New Mexico, in the
County of Bernalillo.
87. Defendant
Anita Aldrich is and is believed to have been, at all times herein mentioned, a resident
of the State of Texas, in the County of Galveston and the city of Galveston.
88. Defendant
Anita Aldrich was, on and around May 6-7, 1998, the date of the wrongful acts alleged
herein were culminated, an agent or employee of the American Orchid Society (AOS), by
virtue of her certification as a judge for the AOS and her position as Chairperson of the
Houston Judging Center and a Vice-president of the AOS.
89. By virtue of
Defendant Anita Aldrich’s position within the AOS as Vice-president of the AOS and
Chairperson of the Houston Judging Center, Ms. Aldrich was in a position to influence the
opinions of others within the AOS with respect to Plaintiff’s standing and position
within the AOS.
90. On or about
December 17, 1993, Defendant Anita Aldrich, in the capacity of Chairperson of the
Committee on Awards (now designated as the Judging Committee as of January 1997) did
communicate to Roger Brown, Chairman of the Great Plains Judging Region at that time,
unfounded and untrue defamatory information about Plaintiff that resulted in the
resignation under duress of Plaintiff, as a student judge, from the AOS Judging Program.
91. The Defendant
Aldrich’s false and malicious communication to Roger Brown concerning the alleged
actions of Plaintiff was a highly offensive and outrageous affront to Plaintiff that went
far beyond all possible bounds of decency, the content of which successfully defamed the
good name and reputation of Plaintiff to the extent that it exposed Plaintiff to public
scorn, ridicule, hatred, contempt and disgrace within the American Orchid Society and
elsewhere, and Plaintiff’s standing within the American Orchid Society and his
community have been grievously and irreversibly injured. All of these injuries caused
Plaintiff severe mental anguish and distress, as well as damages for the loss of enjoyment
of his chosen life activity of spending the remaining years of his life growing, showing,
and judging orchids within the AOS, all to the detriment of plaintiff in a sum set forth
below.
92. On or about
August 31, 1994, Defendant Anita Aldrich, in the capacity of Chairperson of the Committee
on Awards (now designated as the Judging Committee as of January 1997) did communicate by
phone to Diann O’Neill, student judge in the AOS judging program at the Southwest
Regional Judging Center in San Antonio, Texas at that time, unfounded and untrue
defamatory information about Plaintiff.
93. Defendant
Aldrich’s false and malicious communication to Diann O’Neill concerning the
alleged actions of Plaintiff was a highly offensive and outrageous affront to Plaintiff
that went far beyond all possible bounds of common decency.
94. Plaintiff
further requests punitive damages be imposed against Defendant Anita Aldrich for defendant
Aldrich’s malicious, willful, reckless, wanton and grossly negligent public
defamation of Plaintiff’s good name and reputation.
COUNT XI
95. Plaintiff realleges and incorporates herein the allegations of paragraphs 1- 93 of
this complaint as though fully set forth below.
96. Defendant
Lois Dauelsberg was, on and around May 6-7, 1998, the date of the wrongful acts alleged
herein were culminated, an agent or employee of the American Orchid Society (AOS), by
virtue of her certification as a judge for the AOS and her position as Chairperson of the
Rocky Mountain Judging Center of the AOS.
97. By virtue of
Defendant Lois Dauelsberg’s position within the AOS as Chairperson of the Rocky
Mountain Judging Center, Ms. Dauelsberg was in a position to influence the opinions of
others within the AOS with respect to Plaintiff’s standing and position within the
AOS.
98. On or about
June 19, 1993, Defendant Lois Dauelsberg, in the capacity of a certified judge of the AOS
and active member of the Rocky Mountain Judging Region did communicate to Fred
Strothmann,
certified judge in the Great Plains Judging Region at that time, unfounded and untrue
defamatory information about Plaintiff that ultimately resulted in the resignation under
duress of Plaintiff, as a student judge, from the AOS Judging Program.
99. Defendant
Lois Dauelsberg’s false and malicious communication to Fred Strothmann concerning the
alleged actions of Plaintiff was a highly offensive and outrageous affront to Plaintiff
that went far beyond all possible bounds of decency, the content of which successfully
defamed the good name and reputation of Plaintiff to the extent that it exposed Plaintiff
to public scorn, ridicule, hatred, contempt and disgrace within the American Orchid
Society and elsewhere, and Plaintiff’s standing within the American Orchid Society
and his community have been grievously and irreversibly injured. All of these injuries
caused Plaintiff severe mental anguish and distress, as well as damages for the loss of
enjoyment of his chosen life activity of spending the remaining years of his life growing,
showing, and judging orchids within the AOS, to the detriment of plaintiff in a sum set
forth below.
100. On or about
February 17, 1996, Defendant Lois Dauelsberg, in the capacity of Chairperson of the Rocky
Mountain Judging Center did communicate by phone to Bill Heath, a resident of Pecos, New
Mexico, in a malicious tone, unfounded and untrue defamatory information about Plaintiff.
101. Defendant
Lois Dauelsberg’s false and malicious communication to Bill Heath concerning the
alleged actions of Plaintiff was a highly offensive and outrageous affront to Plaintiff
that went far beyond all possible bounds of common decency.
102. On or about
February 17, 1996, Defendant Lois Dauelsberg, in the capacity of Chairperson of the Rocky
Mountain Judging Center did communicate to Lori Ericksen, a resident of Corrales, New
Mexico, in a malicious tone, unfounded and untrue defamatory information about Plaintiff.
103. Defendant
Lois Dauelsberg’s false and malicious communication to Lori Ericksen concerning the
alleged actions of Plaintiff was a highly offensive and outrageous affront to Plaintiff
that went far beyond all possible bounds of common decency.
104. Plaintiff
further requests punitive damages be imposed against Defendant Lois Dauelsberg for
defendant Dauelsberg’s malicious, willful, reckless, wanton and grossly negligent
public defamation of Plaintiff’s good name and reputation.
COUNT XII
105. Plaintiff realleges and incorporates herein the allegations of paragraphs 1- 103 of
this complaint as though fully set forth below.
106. Defendant
Jean Schroeder was, on and around May 6-7, 1998, the date of the wrongful acts alleged
herein were culminated, an agent or employee of the American Orchid Society (AOS), by
virtue of a volunteer agent of the American Orchid Society (AOS), by virtue of her
membership in the AOS and her services to the Utah Orchid Society and others in the
capacity of guest speaker bookings for her own society and other orchid societies in the
States of Colorado, Arizona, New Mexico and others.
107. By virtue of
Defendant Jean Schroeder’s position within the AOS as a volunteer, Defendant
Schroeder was in a position to influence the opinions of others within the AOS with
respect to Plaintiff’s standing and position within the AOS.
108. On or about
February 17, 1996, Defendant Jean Schroeder, in her capacity of as a volunteer in the AOS
did communicate by phone to Bill Heath, a resident of Pecos, New Mexico, in a malicious
tone, unfounded and untrue defamatory information about Plaintiff.
109. Defendant
Jean Schroeder’s false and malicious communication to Bill Heath concerning the
alleged actions of Plaintiff was a highly offensive and outrageous affront to Plaintiff
that went far beyond all possible bounds of decency, the content of which successfully
defamed the good name and reputation of Plaintiff to the extent that it exposed Plaintiff
to public scorn, ridicule, hatred, contempt and disgrace within the American Orchid
Society and elsewhere, and Plaintiff’s standing within the American Orchid Society
and his community have been grievously and irreversibly injured. All of these injuries
caused Plaintiff severe mental anguish and distress, as well as damages for the loss of
enjoyment of his chosen life activity of spending the remaining years of his life growing,
showing, and judging orchids within the AOS, all to the detriment of plaintiff in a sum
set forth below.
110. On or about
August 5, 1996, Defendant Jean Schroeder, in her capacity of as a volunteer in the AOS did
communicate by phone to Norito Hasegawa and others, in a malicious tone, unfounded and
untrue defamatory information about Plaintiff.
111. Defendant
Jean Schroeder’s false and malicious communication to Noreto Hasegawa and others
concerning the alleged actions of Plaintiff was a highly offensive and outrageous affront
to Plaintiff that went far beyond all possible bounds of common decency, the content of
which successfully defamed the good name and reputation of Plaintiff to the extent that it
exposed Plaintiff to public scorn, ridicule, hatred, contempt and disgrace within the
American Orchid Society and elsewhere, and Plaintiff’s standing within the American
Orchid Society and his community have been grievously and irreversibly injured. All of
these injuries caused Plaintiff severe mental anguish and distress, as well as damages for
the loss of enjoyment of his chosen life activity of spending the remaining years of his
life growing, showing, and judging orchids within the AOS, all to the detriment of
plaintiff in a sum set forth below.
112. Plaintiff
further requests punitive damages be imposed against Defendant Jean Schroeder for
defendant Schroeder’s malicious, willful, reckless, wanton and grossly negligent
public defamation of Plaintiff’s good name and reputation.
COUNT XIII
113. Plaintiff realleges and incorporates herein the allegations of paragraphs 1-111 of
this complaint as though fully set forth below.
114. Defendant
AOS, at all times herein mentioned, had a relationship of principal and agent or employer
and employee between itself and Defendant Paul G. Bechtel, between itself and Defendant
Anita Aldrich, between itself and Defendant Lois Dauelsberg by virtue of the AOS’s
control over the named defendants’ status’ as judges in the AOS judging system
and Chairpeople of the Regional Judging Centers of the AOS and other positions within the
AOS.
115. Additionally
defendant AOS, at all times herein mentioned, had a relationship of principal and agent or
employer and employee between itself and Defendant Paul G. Bechtel, between itself and
Defendant Anita Aldrich, between itself and Defendant Lois Dauelsberg by virtue of the
AOS’s receipt of services and business transaction performed by the named
defendants’ for or on behalf of the AOS and under its direction.
116. When the
named Defendants’ committed the wrongful acts alleged herein in Counts I- XII, they
were acting in their capacities as agents, or employees of defendant AOS as judges and or
regional Chairpeople and or other recognized positions as stated in Counts I through XII,
committing the acts alleged to further the interests of their principal or employer,
defendant American Orchid Society.
117. Defendant
AOS, at all times herein mentioned in Counts I through XII, maintained the right to
control, in minute detail, the appointment, and continuing certification of AOS judges,
including supervision and evaluation of the judges myriad duties, including each
judges’ personal integrity and moral character, as set out in the AOS’s own
Handbook on Judging and Exhibition, marked "Exhibit A" herein and made a part by
reference.
118. Plaintiff
realleges the acts of Defendant Paul G. Bechtel as set out at in Counts I- XII, by
reference as fully as if set forth herein verbatim.
119. Plaintiff
realleges the acts of Defendant Anita Aldrich as set out in Counts I-XII, by reference as
fully as if set forth herein verbatim.
120. Plaintiff.
realleges the acts of Defendant Lois Dauelsberg as set out in Counts I-XII, by reference
as fully as if set forth herein verbatim.
121. As a
foreseeable direct and proximate result of defendant AOS’s failure to meet its duties
toward Plaintiff, as set out above, the alleged libelous and slanderous assaults on the
good and moral name of Plaintiff was a highly offensive and outrageous affront to
Plaintiff that went far beyond all possible bounds of common decency, the content of which
successfully defamed the good name and reputation of Plaintiff to the extent that it
exposed Plaintiff to public scorn, ridicule, hatred, contempt and disgrace within the
American Orchid Society and elsewhere, and Plaintiff’s standing within the American
Orchid Society and his community have been grievously and irreversibly injured. All of
these injuries, as the result of the alleged actions of Defendant Paul
Bechtel, Defendant
Anita Aldrich, and Defendant Lois Dauelsberg caused Plaintiff severe mental anguish and
distress, as well as damages for the loss of enjoyment of his chosen life activity of
spending the remaining years of his life growing, showing, and judging orchids within the
AOS, all to plaintiff’s detriment in a sum set forth below.
122. Defendant
AOS’ failure to act to correct the defamatory actions of its agents or employees was
outrageous, intentional, malicious and done with reckless and callous disregard for good
and moral character of Plaintiff. Defendant AOS knew or should have known that its failure
to correct the defamatory actions of its agents or employees would cause Plaintiff or
others similarly situated to suffer great harm. Plaintiff therefore seeks imposition of
punitive damages in a sum sufficient to punish and make an example of defendants, and each
of them.
COUNT XIV
123. Plaintiff realleges and incorporates herein the allegations of paragraphs 1-121 of
this complaint as though fully set forth below.
124. Defendant
John Kramer, M.D. was, on and around April 3, 1998, the date of the wrongful acts alleged
herein, an agent or employee of defendant American Orchid Society (AOS), by virtue of his
certification as a judge for the AOS and his affiliation with the Great Plains Judging
Center.
125. By virtue of
Defendant Kramer’s position within the AOS as an accredited judge of the Great Plains
Judging Center, defendant Kramer was in a position to influence the opinions of others
within the AOS with respect to Plaintiff’s standing and position within the AOS.
126. On or about
April 3, 1998, Defendant Kramer did deliberately and maliciously violate defendant
AOS’ "Appointment Acknowledge Agreement" which specifically states
defendant AOS’s non-discrimination policy of: "Membership in the American Orchid
Society is open to all individuals without regard to race, color, ethnicity, national
origin, religion, gender, sexual orientation, disability or age. All activities of the
American Orchid Society are conducted in accordance with the principles of
nondiscrimination and mutual respect. Further, the American Orchid Society does not
condone or endorse any conduct that is not in accordance with these principles."
127. This
malicious and intentional discrimination against Plaintiff by the Defendant Kramer was a
serious violation of Plaintiff’s rights as granted by the AOS and was a highly
offensive and outrageous affront to Plaintiff because of the well documented sociological
impacts of stigmatization of persons known to gay and have AIDS which extends to their
families, their employment circumstances and pervades every aspect of their daily lives.
128. As a
proximate result of Defendant Kramer’s malicious and intended discrimination against
Plaintiff, Plaintiff has been exposed to public ridicule, contempt and disgrace within the
American Orchid Society and elsewhere, and Plaintiff’s standing within the American
Orchid Society and his community have been seriously injured. All of these injuries caused
Plaintiff severe mental anguish and distress, as well as damages for the loss of enjoyment
of his chosen life activity of spending the remaining years of his life growing, showing,
and judging orchids within the AOS, all to the detriment of plaintiff in a sum set forth
below.
COUNT XV
129. Plaintiff realleges and incorporates herein the allegations of paragraphs 1-127 of
this complaint as though fully set forth below.
130. Defendant
AOS, at all times herein mentioned, had a relationship of principal and agent or employer
and employee between itself and Defendant John Kramer, M.D., by virtue of the AOS’s
control over the named defendant’s status as judge in the AOS judging system and
Chairperson of the Regional Judging Center of the AOS designated as Great Plains Judging
Center and by virtue of the "Appointment Acknowledgment Agreement" as stated
hereinabove.
131.
Additionally, defendant AOS, at all times herein mentioned, had a relationship of
principal and agent or employer and employee between itself and Defendant John Kramer,
M.D., by virtue of the AOS’s receipt of services and business transaction performed
by defendant Kramer for or on behalf of defendant AOS and under its direction.
132. When
Defendant John Kramer, committed the wrongful act alleged herein, he was acting in the
capacity as agent or employee of defendant AOS as certified judge and/or other recognized
position, committing the acts alleged to further the interests of his principal or
employer, defendant American Orchid Society.
133. Defendant
AOS, at all times herein mentioned in Counts I-XIV, maintained the right to control, in
minute detail, the appointment, and continuing certification of AOS judges, including
supervision and evaluation of the judges myriad duties, including each judges’
personal integrity and moral character, as set out in the AOS’s own Handbook on
Judging and Exhibition, "Exhibit A" herein.
134. Plaintiff
realleges the acts of Defendant Kramer as set out in Counts I-XIV, by reference as fully
as if set forth herein verbatim.
135. Despite
repeated demands by plaintiff, the President of defendant AOS, Mr. Marvin Gerber, its
Executive Director, Lee Cooke, and its Vice-President (also past Chairman of the Committee
on Awards—in charge of the AOS Judging Program), Anita Aldrich, Paul
Bechtel,
chairman of the Judging Committee, and the entire AOS Board of Trustees, the American
Orchid Society took no action whatsoever to prevent the alleged misconduct of its agent
referred to in s Counts I- XIV above, took no corrective or disciplinary action against
the Defendant Kramer, and initiated no steps to prevent further non-compliance with its
own "Appointment Acknowledge Agreement."
136. As a
foreseeable direct and proximate result of defendant AOS’ failure to meet its duties
toward Plaintiff, as set out above, the alleged discrimination assaults on the good and
moral name and person of Plaintiff was a highly offensive and outrageous affront to
Plaintiff that went far beyond all possible bounds of common decency, the content of which
successfully defamed the good name and reputation of Plaintiff to the extent that it
exposed Plaintiff to public scorn, ridicule, hatred, contempt and disgrace within the
American Orchid Society and elsewhere, and Plaintiff’s standing within the American
Orchid Society and his community have been grievously and irreversibly injured. All of
these injuries, as the result of the alleged actions of Defendant John Kramer, caused
Plaintiff severe mental anguish and distress, as well as damages for the loss of enjoyment
of his chosen life activity of spending the remaining years of his life growing, showing,
and judging orchids within the AOS, all to plaintiff’s detriment in a sum set forth
below.
137. Defendant
AOS’ failure to act to correct the discriminatory actions of its agents or employees
was outrageous, intentional, malicious and done with reckless and callous disregard for
good and moral character of Plaintiff. Defendant AOS knew or should have known that its
failure to correct the discriminatory actions of its agents or employees would cause
Plaintiff or others similarly situated to suffer great harm. Plaintiff therefore seeks
imposition of punitive damages in a sum sufficient to punish and make an example of
defendant American Orchid Society.
WHEREFORE Plaintiff requests judgment against the defendants, and each of them, as set
forth below:
On all pertinent Counts, against defendant Max C. Thompson,
individually and as an agent and employee of defendant American Orchid Society as follows:
1. For general and compensatory damages in the sum of $ 2,500,000.00;
2. For special
damages in the sum of $1,000,000.00;
3. For punitive
damages in a sum sufficient to punish and make an example of said
defendant;
On all pertinent Counts, against Defendant John Kramer,
M.D. individually, and as agent or employee for defendant American Orchid Society as
follows:
4. For general and compensatory damages in the sum of $2,500,000.00;
5. For special
damages in the sum of $1,000,000.00;
6. For punitive
damages in a sum sufficient to punish and make an example of said
defendant;
On all pertinent Counts, against defendant Lois Dauelsberg,
individually and as an agent and employee of defendant American Orchid Society as follows:
7. For general and compensatory damages in the sum of $ 2,500,000.00;
8. For special
damages in the sum of $1,000,000.00;
9. For punitive
damages in a sum sufficient to punish and make an example of said
defendant;
On all pertinent Counts, against defendant Jean Schroeder,
individually and as an agent and employee of defendant American Orchid Society as follows:
10. For general and compensatory damages in the sum of $ 2,500,000.00;
11. For special
damages in the sum of $1,000,000.00;
12. For punitive
damages in a sum sufficient to punish and make an example of said
defendant;
On all pertinent Counts, against defendant Paul G.
Bechtel,
individually and as an agent and employee of defendant American Orchid Society as follows:
13.
For general and compensatory damages in the sum of $ 2,500,000.00;
14. For special
damages in the sum of $1,000,000.00;
15. For punitive
damages in a sum sufficient to punish and make an example of said
defendant;
On all pertinent Counts, against defendant Anita Aldrich,
individually and as an agent and employee of defendant American Orchid Society as follows:
16. For general and compensatory damages in the sum of $ 2,500,000.00;
17. For special
damages in the sum of $1,000,000.00;
18. For punitive
damages in a sum sufficient to punish and make an example of said
defendant;
On all pertinent Counts, against defendant American Orchid
Society individually and as agent and employer of all individually named defendants as
follows:
19. For general and compensatory damages in the sum of $ 5,500,000.00;
20. For special
damages in the sum of $1,000,000.00
21. For punitive
damages in a sum sufficient to punish and make an example of said
defendant;
Against each and every defendant named herein for:
22. Costs of suit, interest, attorneys’ fees as allowed by law, and for such further
and other relief as the Court may deem just and proper.
Respectfully submitted;
__________________________
J. LAMAH - Plaintiff Pro Se
Post Office Box 1638
Cedar Crest, New Mexico 87008
(505) 281-3199
VERIFICATION
STATE OF NEW MEXICO )
) ss.
COUNTY OF BERNALILLO )
Plaintiff J. Lamah, being first duly sworn, states under oath that he has read the
foregoing Complaint for Damages and that all of the representations in the foregoing
document are true to the best of his knowledge and belief.
_________________________
J. LAMAH - Plaintiff Pro Se
SUBSCRIBED AND SWORN to before me by J. Lamah, known to be the person who anonymously
executed this verification to Complaint for Damages this _____ day of November 1998.
_________________________
NOTARY PUBLIC
My Commission expires:
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