Hollander V. Brown Tort Complaint 2005

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

JACQUE HOI,LANDER Plaintiff ¥.

Case N

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JAMES BROWN JAMES BROWN ENTERPRISES, INC. Defendant COMPLAINT Plaintiff, JACQUE HOLLANDER, by and through her attorney Donald Rosen, for her complaint against Defendants JAMES BROWN (hereinafter referred to as "Brown") and JAMES BROWN ENTERPRISES, INC. (hereinafter r ~,~." ........: .........: ..... eferrcd "Brown Enterprises"), both jointly and severally, and alleges as lbllows: i,.~ ~.,, ,~ ~.- . PARTIES Plaintiff is a citizen of Illinois. 2.

On information and belief, Defendant Brown is a citizen of South Carolina

whose address is 430 Douglas Drive, Beach Isling South Carolina. 3.

On information and belief, Defendant Brown Enterprises is a corporation

licensed and doing business in Georgia, whose main offices are located at 1217 Wcsl Medical Park Road, Augusta Georgia.

JURISDICTION AND VENUE Federal Court original jurisdiction of this action is conferred pursuanl to 1332 because this matter is between citizens of different statcs and the amount in question exceeds $75,000 (seventy five thousand dollars.) 5.

Federal Court supplemental jurisdiction of this action is confcrred

pursuant to 28 U.S.C. § 1367 as all claims in this action are related to and [brm lhe same controversy that regards Federal Court original jurisdiction. 6.

Jurisdiction in the Northern District of Illinois is proper pursuant to 28

U.S.C. § 1391 because a substantial part of the events giving rise to the claim occurred in the Northern District of Illinois. STATEMENT OF THE CASE 7.

Between the years 1987 and 1988, Defendants retained Plaintiff to aid

them with public relations. As part of the compensation for this service, Defendants agreed to aid Plaintiff in her aspirations to establish a career as a songwriter. 8.

On information and belief, Albert Dallas (hereinafter tel’erred to as

"Dallas") was the attorney for both Brown and Brown Enterprises during the entire period relevant to the claims contained herein. 9.

Between March and April of 1988, Dallas requested that Plaintiff provide

him with a waiver and letter of recommendation that she is of good character and could accompany Broma as a passenger in his vehicle. Plaintiff, with Dallas’ advice, had an attorney prepare the document. Plaintiff agreed to meet Brown and Dallas at the

corporate offices of Brown Enterprises in Augusta, Georgia to deliver the document and discuss their plans for Plaintiff’s songwriting career. 10. In April of 1988, Plaintiff arrived at the offices of Brown Enterprises. There she met with Brown and Dallas. The parties had some perfunctory discussion of what Plaintiff’s name and appearance should be. Brown stated that he would call Plaintiff Jackie Doll. Brown then wrote the name on a piece of paper, and handed the paper to Plaintiff. Brown then asked Plaintiff to run an errand and pick up some Brunswick stew for him at a local store. 11.

Plaintiff ran the errand as requested. When she returned, Brown was

having an argument with Dallas. Dallas told Plaintiff to accompany Brown in Brown’s van because Brown wanted to show Plaintiff a Volkswagen Rabbit that he was having customized for his daughter’s birthday. 12. Plaintiff first went to her car, which was parked near Brown’s van, in order to store some tapes that she brought with her. From her car, Plaintiff observed Brown exit the offices alone carrying what appeared to be a shotgun. Brown entered his van and waited for Plaintiff to join him. 13. Plaintiff assumed that the shotgun was for Brown’s personal security in the absence of bodyguards. Plaintiff accompanied Brown in his van and Brown drove to an automobile dealership where, at Brown’s request, Plaintiff was given a tour of the facility by dealership staff. While Plaintifftoured the facility, Brown met with other staff at the dealership for about an hour. Plaintiff was never shown a specific vehicle that Brown was having customized.

14. After Brown returned, Plaintiff accompanied Brown from the dealership into his van. Plaintiff expected that Brown would return Plaintiff to the office where her car was located. 15. Brown began driving recklessly, speeding and swerving unexpectedly. Plaintiff observed foam forming in Brown’s mouth and that Brown exhibited spastic facial movements. Plaintiff pleaded with Brown to slow down the vehicle, but he refused. Brown spoke incoherently about his observations on trees and other scenery. Brown stated to Plaintiff that the government was following him and that the government was putting things in his water. He threatened Plaintiff to silence. 16. Brown exited the highway onto a deserted property in South Carolina and stopped the vehicle. 17. Brown ordered Plaintiff into the back seat of the van. Brown then ordered Plalntiffto remove her clothing. Plaintiff pleaded with Brown not to make her do this. Brown responded by grasping the shotgun and threatening to harm Plaintiff if she failed to comply. 18. Over the next several hours Brown raped, beat and mentally tortured Plaintiff. Brown eventually returned Plaintiff to the office in Augusta Georgia. Brown threatened that. he would have Plaintiff killed if she told anyone what had happened. 19. On or about December 27, 2000, in Illinois, Plaintiff was diagnosed with the condition known as "Grave’s Disease." 20. In 2003, in Illinois, Plaintiff’s treating physician informed her that the actual and proximate cause of her Grave’s disease was the rape and torture perpetrated by Brown in 1988.

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21. Grave’s Disease is a degenerative condition that will cause significant health problems and possibly premature death. COUNT I - FALSE IMPRISONMENT (BROWN) 22. Paragraphs 6 - 21 are re-alleged and made part of this section as Count I. 23. Plaintiff could not exit the van driven by Brown without causing herself grievous bodily injury. Despite repeated requests by Plaintiff, Brown refused to allow Plaintiff to

24. leave the van. 25.

Brown refused to stop or even slow down the van until he arrived at the

secluded area at which he tortured and raped Plaintiff. 26. Brown did not have a lawful reason or process to detain Plaintiff. 27. After Brown stopped the vehicle, Brown threatened Plaintiff with bodily harm if she attempted to leave. It was reasonable for Plaintiff to believe that such harm was imminent as Brown brandished a deadly weapon and appeared capable of using it. 28. As a direct result of the previously described events, Plaintiff suffers damages from the condition known as Grave’s Disease. COUNT II - SEXUAL ASSAULT AND BATTERY (BROWN) 29. Paragraphs 6 - 21 are re-alleged and made part of this section as Count II. 30. After stopping the vehicle, Brown brandished his shotgun and performed the following acts to Plaintiff under the threat of deadly force: a. Brown threatened to kill Plaintiff. b. Brown forced Plaintiff, to take offher clothes. c. Brown forced Plaintiff to. have sexual intercourse.

d. Brown battered Plaintiff by stalking Plaintiff, pulling Plaintiff’s hair, slamming her head against the inside of the car wail and slamming Plaintiff’s body against various surfaces inside the van. e. Brown forced Plaintiff to have oral sex. f. Brown attempted to sodomize Plaintiff. 31. At no time did Plaintiff consent to any of the above acts. Plaintiff’s participation in the above acts was prompted by fear of Brown’s threat to harm her if she failed to comply. It was reasonable for Plaintiff to believe that such harm was imminent as Brown brandished a deadly weapon and appeared capable of using it. 32. As a direct result of the previously described events, Plaintiff suffers damages from the condition known as Grave’s Disease. COUNT III - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (BROWN) 33. Paragraphs 6 - 21 are re-alleged and made part of this section as Count III. 34. Brown knew, or should have known, that the previously described events would cause significant trauma to Plaintiff. 35. The stress related to the previously described events did cause significant psychological and physiological trauma to Plaintiff. 36. As a direct result of the previously described events, Plaintiff suffers damages from the condition known as Grave?s Disease. COUNT IV -NEGLIGENCE (BROWN AND BROWN ENTERPRISES) 37. Paragraphs 6 - 21 are re-alleged and made part of this section as Count IVo

38.

On information and belief, immediately prior to or while traveling with

Plaintiff, Brown ingested, or otherwise took, a substance that impaired his ability to conduct himself with reasonable safety. 39. As an invited passenger, Brown owed a duty to Plaintiff to not partake in a substance that would so impair his ability that it would place Plaintiff in jeopardy. 40.

It was reasonably foreseeable that Brown’s actions would result in injury

to Plaintiff. 41.

Plaintiff’s injuries are a direct and proximate result of Brown’s actions.

42.

On information and belief, Brown Enterprises knew of Brown’s behavior

and drug usage and failed to take steps to mitigate the situation. Brown Enterprises owed a duty to Plaintiff to either act to prevent Brown from taking Plaintiff in his vehicle, or to warn Plaintiff of the risks. 43. As a direct result of the previously described events, Plaintiff suffers damages from the condition known as Grave’s Disease. COUNT V - RESPONDEAT SUPERIOR (BROWN ENTERPRISES) 44. Paragraphs 6 - 43 are re-alleged and made part of this section as Count V. 45. Plaintiff met with, and accompanied Brown pursuant to her music career and public relations employment with Brown Enterprises. Brown and Dallas implied, and it was understood by Plaintiff, that Brown intended to continue discussing Plaintiff’s career during the excursion to the automobile dealership. 46. On information and belief, Brown Enterprises knew of Brown’s behavior and drug usage and failed to take steps to mitigate the situation.

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47. As a direct result of the previously described events, Plaintiff suffers damages from the condition known as Grave’s Disease. RELIEF SOUGHT 48.

Plaintiff seeks compensatory damages of $5,000,000 for past and future

medical costs. 49.

Plaintiff seeks compensatory damages of $100,000,000 for physical and

emotional distress. 50. Plaintiff seeks compensatory damages of $1,000,000 for loss of past and future earnings. 51. Plaintiff seeks reasonable court costs and fees related to this action. 52. Plaintiff seeks punitive damages to be determined. 53. Plaintiff seeks any other relief as may be reasonable and just.

RESPECTFULLY SUBMITTED, JACQUE HOLLANDER By: I-Ier Counsel

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Donald Rosen, Esq. ARDC #6278899 1949 Cherokee Road Carpentersville, Illinois 60110 (847) 322-3806

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j (Roy. 3/99)

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nbr supplement the filing and service of pIcadings or other papers as required by taw, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating ~:ci-vi] dock~ s~~et. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) (a) PLAINTIFFS

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’ ’ ’" ,-: :. .:T,.!: ~TH( DEFENDANTS

County of Residence of First Listed (EXCEPT IN U.S. PLAINTIFF CASES)

/~]Ol~ (’OORF ~O~nty of Reside~eofFirstListed ¯ NOTE:

(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CA$~.~F,~L~C,6.~DF THE

.

GOH HALL

(C) Attorney’s (Firm Name, Address, and Telephone Number) ,

~,:C~S~OF P~C~ P~Se~.~’.~; ~ o~ Bo. fo. Plala~ :" ’:~ :"~’~’" "’’ ~;~" ~F@F~ ~: ¯ :’ DEF ....... O 1 U.S. Govemmem Plaintiff

~ 3 Federal QuestJon (U.S. Government Not a Party)

[] 2 U.S. Oovemm¢nt Defendant

’ 4~ivemity (Indicate Citizeasldp of Patties in Item Ill)

ofB~ ~ Another S~t¢ [] 3 FomignNation

IV. NATURE OF SUIT CONTRACT

~EALPROPERTY [] 210 LandCondcmna6oa [] 220 Foreclosure [] 230 R~nt Laase& Ejecar~nt [] 240 Torts ~ Land [] 24:~ Tort Prod~ctl..i~bi!i~y 290 All O&,’r Real Property

PERSONAL INJURY PERSONAL INJURY [] 310 Aiqflane ¯ G 362 PF~onal lnjut~ [] 315 Airplane Product Me.d. Malpractice Liability ~ 365 Personal lnjuw ~ Assault, Libel & Product Liability Slander n 368 Azbestos Pomona] injury Product 330 Federal ~ploye~s’ Liability . Liability [] 340 Marine PERSONAL PROPERTY [] 345 Marine Pradu~t: " [] 370 Other Fraud Liability [] 371 Troth hl L~adlng [] 350 Motor Vehicle [] 380 Other Personal l:h’npcrty Damage Liability [] 385 Property Damage 5605Product Motor Vehicle Produ,-t Liability Other personal [nj.

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J CIVIL RIGHTS 441 Voting [] 442 Employment [] 443 Homing/ AccomJnodadons [] 444 Welfare 440 Other Civil Rights

[] 610 Agriculture [] 620 Other Food & Drag [] ..6e25.,Dmg Related Seizure 0f PmEerty 21 USC 630 Liquor Laws 0 [] 640 P.P,. & Track 0 650 kidin~ Regs. [] .660.Occupational .. ;. ,...,,S, afety/Health O 69~ Other

VII. REQUESTED IN COMPLAINT: / This case

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710 Fair Labor Standards ¯ . Act 720 Labor[MgmL Relations

PROPERTY RIGHTS [] t/20 Copyrights [] 830 Pa~t [] 840 Trademark

[] [] [] [] 0

861 HIA(1395ff) 862 Black Lung (923) 863 DIWC/DIWW(405(g)) 864 S$IDTflle XVI 865 I~I

FEDERAL TAX SUITS [] 870 Ta~(U.S. Plaindff or Defendant) [] 871 [RS-.-Third Party 26 use 7609

Transferred f~om [] 4 Reinstated or [] 5 another district (specify) Reopened

CHECK IF THIS IS A CLASS ACTION / DEMA_ND ~ UNDER F.1LC.P. 23 ..... :

’

OTItER STATUTES [] 400 $~ate Reappo~onmcnt [] 410 Antitrust [] 4.-10 Banl~ and Banking [] 450 Commctce/ICC Rate, z/etc. [] 4~0 Depomdo~ rl 470 Racketeer Influenced and Con’upt Organizations El 810 Sdecdvo $orvlce [] 850 S¢¢utifiu/Commoditicd Exchange [] 875 Castomer Challenge .I2 USC 3~10 [] 891 Agriuui~u-el Acts f’l 892 ~onomic Stabilization Act [] 893 EuvLmameutal Matters [] 894 Energy Allocation Act [] 895 F~eedom of Irdotmadon Act El ~00 Appeal of Fee Determination Under Equal Access to Justice [] 950 Co~tiligionality of State Statutes El 890 Other $~alutow Aedom

[] 6 Multidistdct Litigation

Appeal to District Judge f~om O 7 Magi~trate .Inclement

CHEC[Z YES only ifdem~ndc~’omp/aint: J]JRY DEMAND: [a~es [] No

is not a reffling of a previously dismissed action. is a ref’ding of case

DATE

[] 423 Withdrawal . 28 USC 157

SOCIAl, SECURITY

I-I 2 Removed from [] 3 Rm-nanded from State Cou~ Appellate Court (Cite the U.S. C~vil Statute under which you: ate filing and wr[~ brief statement of cause. VI. CAUSE OF ACTION Do not c[tejttrisdiet~onal statutes unless diwrs[ty.) Original Proceeding

[] 422 App~a! 28 USC 158

: :: LABOR

[] l PRISOI~PER PETITIONS [] 7~0 I,~bor/Mgmt, Repo~ng l i-1 510 Motions to Vacam ¯ & Disclosure Act Sentence [] 740 Railway Labor ACt Habeas Coq~un: i[] ~30Geneml [] 790 Other Labor Litigation .-:!.: .... ’ [] $35 Death Penalty . ~ -~ Mandamus & O~¢r El 7~.! .F.mpL Rot. the. ~ ~60Civil ~gh~ Se~urhy Act ~ H 555 Prison Condi~on

V. ORIGIN (PLA(~E AN "X, IN ONE Box ONLY) [] I

[] 6 [] 6

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of B~s In ~is

CidzenorSubjectofa [] 3

[] 110 Insurance [] 120 Marine 130 M~ler Act 140.NegofisbIe lns~’umcnt [] 150 R~ove~ of Ow~a~m & ~fo~cnt of Jud~eat 151 M~dica~ Act 152 R~ww0f~ul~ S~deat (~cl. [53 R~ow~ of Ov~nl of V~mn’s I6OS~c~olde~’ Sui~ 190 195 Coa~t ~duct~abili~

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,, previously dismissed by Judge

APPEARANCES ARE HEREBY FILED BY THE UNDE~~]G-NED AS ATTORNEY(S) FOR:

(A)

(B) SIGNATURE

SIGNA~ .... NAME

DOCKETED

~I,~M

JAN 0 6 ZO05

STREET ADDRESS

TELEPHONE NUMBER

E-MAIL ADDRESS

IDENTIFICATION NUMBER ,[SEE ITEM 4 ON REVERSE}

TRIAL ATTORNEY‘).

YES

NO

[]

M~.r~R OETR~*I. BAR’:

’,’ES []

NO

T,~,,,.A~rORNE,’,

,’ES []

NO[]

DESIGNATED AS LOCAL COUNSEL?

YES

[]

(D)

(0 SIGNATURE

SIGNATURE

NAME

N~ME

FIRM

STREET ADDRESS

STREET ADDRESS

CITYiSTATE/ZIP

CITYISTAT,~Z1P

TELEPHONE NUMBER

FAX NUMBER

TELEI~HONE NUMBER

E-MAIL ADDRESS

E-MAIL ADDRESS

IDENTIFICA"rlON NUMBER (SEE ITEM 4 ON REVERSE)

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR’:’

YES

[~]

NO

~’=,AL A~TOR~EY?

YEs

[]

~o

DESIGNATED AS LI~’AL COUNSEL?

YES

[]

NO

[] ~[~l

I

FAXNUMBER

MEMBER OF TRIAL BAR’?

YES

TRIAL ATTORNEY’?

YES

[]

DESIGNATED AS LOCALCOUNSEL?

YES

[]

~O []

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