Preview
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
JAYME THODE, Plaintiff designates SUFFOLK
County as the place of trial
Plaintiff,
-against- PLAINTIFF DEMANDS
TRIAL BY JURY
TIMOTHY HILL CHILDREN’S RANCH,
INC.,TIMOTHY HILL FARM, LLC, APPLE Index No.:
DAY CAMP, INC., TIMOTHY HILL
CHRISTIAN CAMP, INC., THE TIMOTHY SUMMONS
FOUNDATION, INC. and JERRELL HILL, in
his official and individual capacity, Venue is based on residence or place of
business of one or more Defendant and on
Defendants. where the events occurred which is Suffolk
County, New York
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff’s Attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in the case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, New York
August 13, 2021
RHEINGOLD GIUFFRA RUFFO
& PLOTKIN LLP
Attorneys for Plaintiff
By: _____________________________
Sherri L. Plotkin, Esq.
551 Fifth Avenue, 29th Fl.
New York, NY 10176
Tel: (212) 684-1880
SEE DEFENDANTS’ ADDRESSES ON THE NEXT PAGE
1 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
Timothy Hill Children’s Ranch, INC.
Executive Director: Thaddaeus Hill
298 Middle Road
Riverhead, New York, 11901
Jerrell Hill
356 Middle Road
Riverhead, New York 11901
Timothy Hill Farm, LLC
689 Bangall Amenia Road
Amenia, New York 12501
Apple Day Camp, INC.
298 Middle Road
P.O. Box 917
Riverhead, New York, 11901
Timothy Hill Christian Camp, INC.
298 Middle Road
Riverhead, New York, 11901
The Timothy Foundation, INC.
298 Middle Road
Riverhead, New York, 11901
2 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
JAYME THODE, Index No.
Plaintiff, Child Victims Act
-against- Proceeding
22 NYCRR 202.72
TIMOTHY HILL CHILDREN’S RANCH,
INC.,TIMOTHY HILL FARM, LLC, VERIFIED COMPLAINT
APPLE DAY CAMP, INC., TIMOTHY
HILL CHRISTIAN CAMP, INC., THE
TIMOTHY FOUNDATION, INC. and
JERRELL HILL, in his official and
individual capacity,
Defendants.
Plaintiff JAYME THODE complaining of the Defendants TIMOTHY HILL
CHILDREN’S RANCH, TIMOTHY HILL FARM LLC., APPLE DAY CAMP, INC., TIMOTHY
HILL CHRISTIAN CAMP, INC., THE TIMOTHY FOUNDATION, INC. and JERREL HILL, in
his official and individual capacity, by her attorneys RHEINGOLD GIUFFRA RUFFO &
PLOTKIN LLP respectfully alleges, upon information and belief, the following:
NATURE OF THE ACTION
1. This is an action brought pursuant to the New York Child Victims Act, CPLR §
214-g. The conduct at issue constituted sexual offense against a minor in violation of one or more
sections within Article 130 and/or § § 263.05 et seq. of the New York Penal Law, or a predecessor
statute that prohibited such conduct at the time of the act, and resulted in physical, psychological,
and emotional injuries to the Plaintiff.
2. In 1976, Fern Hill, who is deceased, and Defendant JERREL HILL (“HILL”)
founded the Timothy Hill Children’s Ranch. That same year, a Certificate of Incorporation for
Timothy Hill Children’s Ranch, Inc. (“THCR”) was filed with the State of New York. THCR
3 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
currently operates as a not-for-profit corporation existing under and by virtue of the laws of the
State of New York.
3. From the beginning of operations, Defendants operated the ranch as a group home
under the auspices of using “Christ-centered values” to help restore “abused and neglected boys”.
(Fern Hill, Graduation to Glory, Star Bible Publication, 6th Edition, 2000).
4. The ranch is located at 298 Middle Road, Riverhead, New York 11901.
5. On May 25, 1992, Plaintiff was lawfully at the ranch to visit friends.
6. Defendants negligent and inadequate supervision created a culture of lawlessness,
resulting in the Plaintiff being raped by Lawrence G. Brathwaite III (“Brathwaite”), a resident of
the ranch.
7. That at all times herein mentioned, defendants had actual notice of the unlawful
activities taking place on their premises by virtue of prior incidents.
8. At all times relevant, Brathwaite was approximately twenty years old.
9. At all times relevant, Plaintiff was approximately fourteen years old.
10. The rape occurred on the premises of the ranch.
JURISDICTION AND VENUE
11. This Court has personal jurisdiction over the claims asserted herein pursuant to
CPLR §301 and §302, in that one or more of the Defendants transacts business within the State
of New York.
12. Venue is proper in the County of Suffolk pursuant to CPLR § 503 in that a
number of the Defendants reside in or maintain a principal place of business in this County and a
substantial part of the events and omissions giving rise to the claims occurred in this County.
4 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
13. This Court has jurisdiction over this action because the amount of damages
Plaintiff seeks exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
AS AND FOR A FIRST CAUSE OF ACTION:
NEGLIGENT SUPERVISION AND/OR OVERSIGHT
14. Plaintiff repeats, reiterates and realleges each and every allegation contained above,
as if the same were set forth more fully at length herein.
15. Defendant HILL is a co-founder of the ranch.
16. At all times relevant, Defendant HILL was the Executive Director of the ranch.
17. At all times relevant , Plaintiff was a legal invitee on the premises of the ranch, and
thus was placed in Defendants’ immediate care.
18. At all times relevant, Plaintiff was a minor.
19. At all times relevant, Brathwaite was a resident of the ranch, and thus was placed
in Defendants’ immediate care.
20. At all times relevant, the ranch was closely managed, directed, and controlled by
Defendants collectively and individually.
21. At all times relevant, Defendants collectively and individually, were under a duty
to operate, control, manage, supervise, and maintain the ranch in a safe, lawful, and proper fashion.
22. At all times relevant, Defendants, collectively and individually, owed a duty to
adequately supervise the persons placed in their care at the ranch, including Plaintiff and
Brathwaite. This included a duty to ensure the residents did not engage in unlawful sexual conduct
or physical violence.
5 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
23. At all times relevant, Defendants collectively and individually, hired and employed
certain individuals to supervise, oversee, instruct, train, teach and/or monitor various residents and
of the ranch, including resident Brathwaite.
24. At all times relevant, Defendants collectively and individually, hired and employed
certain individuals to supervise, oversee, instruct, train, teach and/or monitor legal invitees at the
ranch, including Plaintiff.
25. At all times relevant, Defendants, their agents, servants and/or employees breached
their duty to maintain the ranch in a reasonably safe condition and manner.
26. Defendants’ breach of their duties include, but are not limited to: failure to protect
Plaintiff from a known danger, failure to have sufficient policies and procedures in place to prevent
child sex abuse and assault, failure to properly implement policies and procedures to prevent child
sex abuse and assault, failure to take reasonable measures to ensure that policies and procedures
to prevent child sex abuse and assault were working and were being enforced, failure to adequately
inform families and children of the risks of child sex abuse and assault, failure to investigate risks
of child molestation, failure to properly train the employees at the ranch, failure to have any outside
agency test their safety procedures, failure to protect visitors on the ranch from child sex abuse,
failure to adhere to the applicable standard of care for child safety, failure to train their employees
properly to identify signs of child molestation/abuse by residents of the ranch.
27. The sexual assault and rape of a fourteen-year-old visitor is a foreseeable result of
such negligence.
28. At all times relevant, Defendants knew of, or through the exercise of reasonable
care, supervision, and investigation, should have known of the potential for physical and sexual
abuse of visitors by residents.
6 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
29. As a direct and proximate result of the Defendants’ negligent supervision of both
Plaintiff and Brathwaite, Plaintiff sustained physical, emotional, and psychological injuries, along
with pain and suffering and loss of enjoyment of life.
30. The rape and resultant emotional and physical injuries sustained by Plaintiff were
caused by and through reason of the negligence and carelessness of Defendants, their agents,
servants, and/or employees, in the ownership, operation, management, supervision, maintenance
and control of the ranch and the residents and visitors therein.
31. The Defendants’ actions were intentional, done with malice, cruelty, and/or a
deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in
conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical
and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and
contemptible that it exceeds the reasonable bounds of decency as measured by what the average
member of the community would tolerate and demonstrates and utter disregard of the
consequences that would follow. As such, the Defendants’ actions give rise to punitive damages.
32. By reason of the foregoing, the Defendants are liable to the Plaintiff for
compensatory damages and punitive damages, together with interest and costs.
33. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds
the jurisdictional limits of all other courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION:
NEGLIGENCE/GROSS NEGLIGENCE
34. Plaintiff repeats, reiterates and realleges each and every allegation contained above,
as if the same were set forth more fully at length herein.
7 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
35. At all times relevant, Defendants collectively and individually, owed Plaintiff a
duty to ensure that residents and minor children in their care, supervision and control, including
Plaintiff, were adequately supervised and kept physically safe. This included a duty to ensure the
residents did not engage in unlawful sexual conduct or physical violence.
36. The Defendants breached their duty to Plaintiff by giving improper or ambiguous
orders and/or failing to make proper regulations, protocols and/or employ proper persons and
instrumentalities in assessing the risk of harm to children; permitting and/or intentionally failing
and/or neglecting to prevent the commissions of tortious conduct against children on their
premises; failing to adequately supervise the activities of residents on their premises including
Brathwaite, and allowing all acts of omissions and/or any of the above-described actions.
37. The Defendants breached their duty to Plaintiff by failing to protect Plaintiff from
a sexual deviant.
38. As a direct and proximate result of the Defendants’ negligent supervision of both
Plaintiff and Brathwaite, Plaintiff sustained physical, emotional, and psychological injuries, along
with pain and suffering and loss of enjoyment of life.
39. The Defendants’ actions were intentional, done with malice, cruelty, and/or a
deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in
conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical
and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and
contemptible that it exceeds the reasonable bounds of decency as measured by what the average
member of the community would tolerate and demonstrates and utter disregard of the
consequences that would follow. As such, the Defendants’ actions give rise to punitive damages.
8 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
40. By reason of the foregoing, the Defendants are liable to the Plaintiff for
compensatory damages and punitive damages, together with interest and costs.
41. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds
the jurisdictional limits of all other courts which would otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION:
SEXUAL BATTERY
42. Plaintiff repeats, reiterates and realleges each and every allegation set forth above
as if the same were set forth more fully at length herein.
43. Defendants are liable for Brathwaite’s sexual battery of Plaintiff under the doctrine
of respondeat superior. At the time Brathwaite raped Plaintiff, Defendants were required to
supervise and/or control Brathwaite as he was a lawful resident of the ranch. Defendants’ failure
to fulfill this duty resulted in the sexual battery of Plaintiff as their actions and omissions allowed
Brathwaite unsupervised access to Plaintiff.
44. Brathwaite intentionally committed sexual battery by restraining and raping
Plaintiff, a minor on May 25, 1992, after Plaintiff explicitly verbally denied consent.
45. Further, Plaintiff was incapable of consent due to infancy as Plaintiff was
approximately fourteen years old.
46. At all times relevant, Brathwaite was approximately twenty years old.
47. Brathwaite’s actions constitute sexual offenses as defined in New York Penal Law
Article 130, including but not limited to, sexual misconduct as defined in Article 130.20, rape in
the second degree as defined in Article 130.30, rape in the first degree as defined in 130.35, forcible
touching as defined in 130.52, sexual abuse in the third degree as defined in 130.55, sexual abuse
in the first degree as defined in 130.65.
9 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
48. The Defendants permitted and/or allowed these activities to take place on their
respective premises, in violation of Plaintiff’s legal rights and privacy.
49. As a direct and proximate result of Defendants’ acts and omissions, Plaintiff
sustained physical, emotional, and psychological injuries, along with pain and suffering and loss
of enjoyment of life.
50. The Defendants’ actions were intentional, done with malice, cruelty, and/or a
deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in
conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical
and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and
contemptible that it exceeds the reasonable bounds of decency as measured by what the average
member of the community would tolerate and demonstrates and utter disregard of the
consequences that would follow. As such, the Defendants’ actions give rise to punitive damages.
51. By reason of the foregoing, the Defendants are liable to the Plaintiff for
compensatory damages and punitive damages, together with interest and costs.
52. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds
the jurisdictional limits of all other courts which would otherwise have jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION:
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
53. Plaintiff repeats, reiterates and realleges each and every allegation set forth above
as if the same were set forth more fully at length herein.
54. As described above, the Defendants’ conduct was extreme and outrageous and
intentionally caused severe emotional distress to Plaintiff.
55. The Defendants acted with intent and recklessness that Plaintiff had suffered
emotional distress.
10 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
56. As a direct and proximate result of Defendants’ acts and omissions, Plaintiff
sustained physical and psychological injuries, severe emotional distress along with pain and
suffering and loss of enjoyment of life.
57. In addition to their own direct liability for intentionally inflicting emotional distress
on Plaintiff, the Defendants are also liable for Brathwaite’s intentional infliction of emotional
distress under the doctrine of respondeat superior. At the time of the incident, Defendants were
required to supervise and/or control Brathwaite as he was a lawful resident of the ranch.
Defendants’ failure to fulfill this duty resulted in the sexual battery of Plaintiff as their actions and
omissions allowed Brathwaite unsupervised access to Plaintiff. Brathwaite used this unsupervised
access to intentionally and cause Plaintiff emotional distress.
58. The Defendants’ actions were intentional, done with malice, cruelty, and/or a
deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in
conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical
and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and
contemptible that it exceeds the reasonable bounds of decency as measured by what the average
member of the community would tolerate and demonstrates and utter disregard of the
consequences that would follow. As such, the Defendants’ actions give rise to punitive damages.
59. By reason of the foregoing, the Defendants are liable to the Plaintiff for
compensatory damages and punitive damages, together with interest and costs.
60. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds
the jurisdictional limits of all other courts which would otherwise have jurisdiction.
11 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
AS AND FOR A SIXTH CAUSE OF ACTION:
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
61. Plaintiff repeats, reiterates and realleges each and every allegation set forth above
as if the same were set forth more fully at length herein.
62. At all times relevant, Brathwaite was under Defendants’ direct supervision and
control when he committed the wrongful acts alleged herein.
63. Defendants owed Plaintiff a duty because she was a minor invited onto the premises
and entrusted to their care.
64. The Defendants breached their duty to Plaintiff by giving improper or ambiguous
orders and/or failing to make proper regulations, protocols and/or employ proper persons and
instrumentalities in assessing the risk of harm to children; permitting and/or intentionally failing
and/or neglecting to prevent the commissions of tortious conduct against children on their
premises; failing to adequately supervise the activities of resident Brathwaite, allowing all acts or
omission and/or any of the above-described actions.
65. As described above, Brathwaite’s conduct was committed as a result of Defendants’
failure to adequately supervise and control Brathwaite.
66. The Defendants breached their duty by failing to protect Plaintiff from a sexual
deviant.
67. As a direct and proximate result of Defendants’ acts and omissions, Plaintiff
sustained physical and psychological injuries, severe emotional distress along with pain and
suffering and loss of enjoyment of life.
68. In addition to their own direct liability for intentionally inflicting emotional distress
on Plaintiff, the Defendants are also liable for Brathwaite’s negligent infliction of emotional
distress under the doctrine of respondeat superior. At the time of the incident, Defendants were
12 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
required to supervise and/or control Brathwaite as he was a lawful resident of the ranch.
Defendants’ failure to fulfill this duty resulted in the sexual battery of Plaintiff as their actions and
omissions allowed Brathwaite unsupervised access to Plaintiff. Brathwaite used this unsupervised
access to cause Plaintiff emotional distress.
69. By reason of the foregoing, the Defendants are liable to the Plaintiff for
compensatory damages, together with interest and costs.
70. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds
the jurisdictional limits of all other courts which would otherwise have jurisdiction.
AS AND FOR A SEVENTH CAUSE OF ACTION:
BREACH OF STATUTORY DUTY TO REPORT ABUSE UNDER SOCIAL SERVICES
LAW §§ 413 AND 420
71. Plaintiff repeats, reiterates and realleges each and every allegation set forth above
as if the same were set forth more fully at length herein.
72. Pursuant to New York Social Services §§ 413 and 420, Defendants, including but not
limited to their administrators and other personnel, had a statutory duty to report reasonable suspicion
of abuse of children in its care.
73. Defendants breached that duty by negligently, knowingly, and/or willfully failing to
report reasonable suspicion of abuse by resident Brathwaite of children in their care.
74. As a direct and proximate result of Defendants’ acts and omissions, Plaintiff
sustained physical and psychological injuries, severe emotional distress along with pain and
suffering and loss of enjoyment of life.
75. The Defendants’ actions were intentional, done with malice, cruelty, and/or a
deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in
conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical
and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and
13 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
contemptible that it exceeds the reasonable bounds of decency as measured by what the average
member of the community would tolerate and demonstrates and utter disregard of the
consequences that would follow. As such, the Defendants’ actions give rise to punitive damages.
76. By reason of the foregoing, the Defendants are liable to the Plaintiff for
compensatory damages and punitive damages, together with interest and costs.
77. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds
the jurisdictional limits of all other courts which would otherwise have jurisdiction.
AS AND FOR AN EIGHTH CAUSE OF ACTION:
VIOLATION OF N.Y. Pen. Law. § § 263.00. 263.05, 263.10, 263.15, 263.16
77. Plaintiff repeats, reiterates and realleges each and every allegation set forth above as if
the same were set forth more fully at length herein.
78. Under New York law, it is a crime to persuade someone younger than 17 to engage in
sexual conduct and/or activities.
79. That at all times herein mentioned, Brathwaite violated Sections 263.00, 263.05,
263.10, 263.15, 263.16 and 263.25 of the NY Penal Law when he sexually abused Plaintiff and coerced
Plaintiff into engaging in sexual activities and conduct.
80. That the Plaintiff, a minor, was legally incapable of granting consent to such activities
as defined in NY Penal Law § 263.00 et seq.
81. Defendants are liable for Brathwaite’s sexual abuse of Plaintiff under the doctrine
of respondeat superior. At the time Brathwaite committed the acts alleged herein, Defendants were
required to supervise and/or control Brathwaite as he was a lawful resident of the ranch.
Defendants’ failure to fulfill this duty resulted in the sexual abuse of Plaintiff as their actions and
omissions allowed Brathwaite unsupervised access to Plaintiff.
14 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
82. The Defendants permitted and allowed these activities to take place on their respective
premises, in violation of the Plaintiff’s legal rights and privacy.
83. As a direct and proximate result of Defendants’ acts and omissions, Plaintiff
sustained physical and psychological injuries, severe emotional distress along with pain and
suffering and loss of enjoyment of life.
84. The Defendants’ actions were intentional, done with malice, cruelty, and/or a
deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in
conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical
and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and
contemptible that it exceeds the reasonable bounds of decency as measured by what the average
member of the community would tolerate and demonstrates and utter disregard of the
consequences that would follow. As such, the Defendants’ actions give rise to punitive damages.
85. By reason of the foregoing, the Defendants are liable to the Plaintiff for
compensatory damages and punitive damages, together with interest and costs.
86. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds
the jurisdictional limits of all other courts which would otherwise have jurisdiction.
15 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Jayme Thode demands judgment against the Defendants Timothy
Hill Children’s Ranch, Inc.; Timothy Hill Farm, LLC; Apple Day Camp, Inc.; Timothy Hill Christian Camp, Inc.,
The Timothy Foundation, Inc.; and Jerrell Hill, in his official and individual capacity, on the First, Second, Third,
Fourth, Fifth, Sixth, Seventh and Eighth causes of action as follows:
A. Awarding compensatory damages in an amount to be proved at trial, but in any
event in an amount that exceeds the jurisdictional limits of all lower courts
which would otherwise have jurisdiction to the extent permitted by law;
B. Awarding punitive damages to the extent permitted by law;
C. Awarding costs and fees of this action, including attorneys’ fees to the extent
permitted by law;
D. Awarding prejudgment interest to the extent permitted by law; and
E. Awarding such other and further relief as this Court may deem just and proper.
Dated: New York, New York
August 13, 2021
RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
Attorneys for Plaintiffs
By: ______________________________
Sherri L. Plotkin, Esq.
551 Fifth Avenue, 29th Fl.
New York, NY 10176
Tel: (212) 684-1880
16 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
ATTORNEY’S VERIFICATION
STATE OF NEW YORK )
):ss.:
COUNTY OF NEW YORK )
I, Sherri L. Plotkin, an attorney duly admitted to practice law in the State of New York, make
the following affirmation under the penalties of perjury:
1. I am an Attorney with Rheingold Giuffra Ruffo & Plotkin, LLP attorney of record for
Plaintiff.
2. I have read the foregoing COMPLAINT and know the contents thereof; the same is true to
my own knowledge except as to the matters therein stated to be alleged on information and belief
and that as to those matters, I believe them to be true.
3. This verification is made by affirmant and not by the Plaintiff because she is not in the
County of New York, which is the County where the affirmant maintains her office.
4. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are correspondence had with the said Plaintiff, information contained in the said Plaintiff's file,
which is in affirmant's possession, and other pertinent data relating thereto.
Dated: New York, New York
August 13, 2021
_________________________
Sherri L. Plotkin, Esq.
Pursuant to 22 NYCRR § 130-1.1, the undersigned, an attorney admitted to practice in the courts
of New York State, and an attorney with Rheingold Giuffra Ruffo & Plotkin, LLP, certifies that,
upon information and belief and reasonable inquiry, the contentions contained in this document
are not frivolous;
Dated: August 13, 2021
New York, New York
_________________________
Sherri L. Plotkin, Esq.
17 of 18
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
JAYME THODE, Index No.:
Plaintiff,
-against-
TIMOTHY HILL CHILDREN’S RANCH,
INC.,TIMOTHY HILL FARM, LLC, APPLE DAY
CAMP, INC., TIMOTHY HILL CHRISTIAN
CAMP, INC., THE TIMOTHY FOUNDATION,
INC. and JERRELL HILL, in his official and
individual capacity,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
Attorneys for Plaintiff
551 Fifth Avenue, 29th Floor
New York, NY 10176
Tel: (212) 684-1880
Fax: (212) 689-8156
The documents herein are hereby certified pursuant to 25 NYCRR 130-1.1a:
By: Sherri L. Plotkin, Esq. Dated: New York, NY
August 13, 2021
18 of 18
Preview
FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK JAYME THODE, Plaintiff designates SUFFOLK County as the place of trial Plaintiff, -against- PLAINTIFF DEMANDS TRIAL BY JURY TIMOTHY HILL CHILDREN’S RANCH, INC.,TIMOTHY HILL FARM, LLC, APPLE Index No.: DAY CAMP, INC., TIMOTHY HILL CHRISTIAN CAMP, INC., THE TIMOTHY SUMMONS FOUNDATION, INC. and JERRELL HILL, in his official and individual capacity, Venue is based on residence or place of business of one or more Defendant and on Defendants. where the events occurred which is Suffolk County, New York TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff’s Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York August 13, 2021 RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for Plaintiff By: _____________________________ Sherri L. Plotkin, Esq. 551 Fifth Avenue, 29th Fl. New York, NY 10176 Tel: (212) 684-1880 SEE DEFENDANTS’ ADDRESSES ON THE NEXT PAGE 1 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 Timothy Hill Children’s Ranch, INC. Executive Director: Thaddaeus Hill 298 Middle Road Riverhead, New York, 11901 Jerrell Hill 356 Middle Road Riverhead, New York 11901 Timothy Hill Farm, LLC 689 Bangall Amenia Road Amenia, New York 12501 Apple Day Camp, INC. 298 Middle Road P.O. Box 917 Riverhead, New York, 11901 Timothy Hill Christian Camp, INC. 298 Middle Road Riverhead, New York, 11901 The Timothy Foundation, INC. 298 Middle Road Riverhead, New York, 11901 2 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK JAYME THODE, Index No. Plaintiff, Child Victims Act -against- Proceeding 22 NYCRR 202.72 TIMOTHY HILL CHILDREN’S RANCH, INC.,TIMOTHY HILL FARM, LLC, VERIFIED COMPLAINT APPLE DAY CAMP, INC., TIMOTHY HILL CHRISTIAN CAMP, INC., THE TIMOTHY FOUNDATION, INC. and JERRELL HILL, in his official and individual capacity, Defendants. Plaintiff JAYME THODE complaining of the Defendants TIMOTHY HILL CHILDREN’S RANCH, TIMOTHY HILL FARM LLC., APPLE DAY CAMP, INC., TIMOTHY HILL CHRISTIAN CAMP, INC., THE TIMOTHY FOUNDATION, INC. and JERREL HILL, in his official and individual capacity, by her attorneys RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP respectfully alleges, upon information and belief, the following: NATURE OF THE ACTION 1. This is an action brought pursuant to the New York Child Victims Act, CPLR § 214-g. The conduct at issue constituted sexual offense against a minor in violation of one or more sections within Article 130 and/or § § 263.05 et seq. of the New York Penal Law, or a predecessor statute that prohibited such conduct at the time of the act, and resulted in physical, psychological, and emotional injuries to the Plaintiff. 2. In 1976, Fern Hill, who is deceased, and Defendant JERREL HILL (“HILL”) founded the Timothy Hill Children’s Ranch. That same year, a Certificate of Incorporation for Timothy Hill Children’s Ranch, Inc. (“THCR”) was filed with the State of New York. THCR 3 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 currently operates as a not-for-profit corporation existing under and by virtue of the laws of the State of New York. 3. From the beginning of operations, Defendants operated the ranch as a group home under the auspices of using “Christ-centered values” to help restore “abused and neglected boys”. (Fern Hill, Graduation to Glory, Star Bible Publication, 6th Edition, 2000). 4. The ranch is located at 298 Middle Road, Riverhead, New York 11901. 5. On May 25, 1992, Plaintiff was lawfully at the ranch to visit friends. 6. Defendants negligent and inadequate supervision created a culture of lawlessness, resulting in the Plaintiff being raped by Lawrence G. Brathwaite III (“Brathwaite”), a resident of the ranch. 7. That at all times herein mentioned, defendants had actual notice of the unlawful activities taking place on their premises by virtue of prior incidents. 8. At all times relevant, Brathwaite was approximately twenty years old. 9. At all times relevant, Plaintiff was approximately fourteen years old. 10. The rape occurred on the premises of the ranch. JURISDICTION AND VENUE 11. This Court has personal jurisdiction over the claims asserted herein pursuant to CPLR §301 and §302, in that one or more of the Defendants transacts business within the State of New York. 12. Venue is proper in the County of Suffolk pursuant to CPLR § 503 in that a number of the Defendants reside in or maintain a principal place of business in this County and a substantial part of the events and omissions giving rise to the claims occurred in this County. 4 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 13. This Court has jurisdiction over this action because the amount of damages Plaintiff seeks exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A FIRST CAUSE OF ACTION: NEGLIGENT SUPERVISION AND/OR OVERSIGHT 14. Plaintiff repeats, reiterates and realleges each and every allegation contained above, as if the same were set forth more fully at length herein. 15. Defendant HILL is a co-founder of the ranch. 16. At all times relevant, Defendant HILL was the Executive Director of the ranch. 17. At all times relevant , Plaintiff was a legal invitee on the premises of the ranch, and thus was placed in Defendants’ immediate care. 18. At all times relevant, Plaintiff was a minor. 19. At all times relevant, Brathwaite was a resident of the ranch, and thus was placed in Defendants’ immediate care. 20. At all times relevant, the ranch was closely managed, directed, and controlled by Defendants collectively and individually. 21. At all times relevant, Defendants collectively and individually, were under a duty to operate, control, manage, supervise, and maintain the ranch in a safe, lawful, and proper fashion. 22. At all times relevant, Defendants, collectively and individually, owed a duty to adequately supervise the persons placed in their care at the ranch, including Plaintiff and Brathwaite. This included a duty to ensure the residents did not engage in unlawful sexual conduct or physical violence. 5 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 23. At all times relevant, Defendants collectively and individually, hired and employed certain individuals to supervise, oversee, instruct, train, teach and/or monitor various residents and of the ranch, including resident Brathwaite. 24. At all times relevant, Defendants collectively and individually, hired and employed certain individuals to supervise, oversee, instruct, train, teach and/or monitor legal invitees at the ranch, including Plaintiff. 25. At all times relevant, Defendants, their agents, servants and/or employees breached their duty to maintain the ranch in a reasonably safe condition and manner. 26. Defendants’ breach of their duties include, but are not limited to: failure to protect Plaintiff from a known danger, failure to have sufficient policies and procedures in place to prevent child sex abuse and assault, failure to properly implement policies and procedures to prevent child sex abuse and assault, failure to take reasonable measures to ensure that policies and procedures to prevent child sex abuse and assault were working and were being enforced, failure to adequately inform families and children of the risks of child sex abuse and assault, failure to investigate risks of child molestation, failure to properly train the employees at the ranch, failure to have any outside agency test their safety procedures, failure to protect visitors on the ranch from child sex abuse, failure to adhere to the applicable standard of care for child safety, failure to train their employees properly to identify signs of child molestation/abuse by residents of the ranch. 27. The sexual assault and rape of a fourteen-year-old visitor is a foreseeable result of such negligence. 28. At all times relevant, Defendants knew of, or through the exercise of reasonable care, supervision, and investigation, should have known of the potential for physical and sexual abuse of visitors by residents. 6 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 29. As a direct and proximate result of the Defendants’ negligent supervision of both Plaintiff and Brathwaite, Plaintiff sustained physical, emotional, and psychological injuries, along with pain and suffering and loss of enjoyment of life. 30. The rape and resultant emotional and physical injuries sustained by Plaintiff were caused by and through reason of the negligence and carelessness of Defendants, their agents, servants, and/or employees, in the ownership, operation, management, supervision, maintenance and control of the ranch and the residents and visitors therein. 31. The Defendants’ actions were intentional, done with malice, cruelty, and/or a deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and contemptible that it exceeds the reasonable bounds of decency as measured by what the average member of the community would tolerate and demonstrates and utter disregard of the consequences that would follow. As such, the Defendants’ actions give rise to punitive damages. 32. By reason of the foregoing, the Defendants are liable to the Plaintiff for compensatory damages and punitive damages, together with interest and costs. 33. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION: NEGLIGENCE/GROSS NEGLIGENCE 34. Plaintiff repeats, reiterates and realleges each and every allegation contained above, as if the same were set forth more fully at length herein. 7 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 35. At all times relevant, Defendants collectively and individually, owed Plaintiff a duty to ensure that residents and minor children in their care, supervision and control, including Plaintiff, were adequately supervised and kept physically safe. This included a duty to ensure the residents did not engage in unlawful sexual conduct or physical violence. 36. The Defendants breached their duty to Plaintiff by giving improper or ambiguous orders and/or failing to make proper regulations, protocols and/or employ proper persons and instrumentalities in assessing the risk of harm to children; permitting and/or intentionally failing and/or neglecting to prevent the commissions of tortious conduct against children on their premises; failing to adequately supervise the activities of residents on their premises including Brathwaite, and allowing all acts of omissions and/or any of the above-described actions. 37. The Defendants breached their duty to Plaintiff by failing to protect Plaintiff from a sexual deviant. 38. As a direct and proximate result of the Defendants’ negligent supervision of both Plaintiff and Brathwaite, Plaintiff sustained physical, emotional, and psychological injuries, along with pain and suffering and loss of enjoyment of life. 39. The Defendants’ actions were intentional, done with malice, cruelty, and/or a deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and contemptible that it exceeds the reasonable bounds of decency as measured by what the average member of the community would tolerate and demonstrates and utter disregard of the consequences that would follow. As such, the Defendants’ actions give rise to punitive damages. 8 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 40. By reason of the foregoing, the Defendants are liable to the Plaintiff for compensatory damages and punitive damages, together with interest and costs. 41. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION: SEXUAL BATTERY 42. Plaintiff repeats, reiterates and realleges each and every allegation set forth above as if the same were set forth more fully at length herein. 43. Defendants are liable for Brathwaite’s sexual battery of Plaintiff under the doctrine of respondeat superior. At the time Brathwaite raped Plaintiff, Defendants were required to supervise and/or control Brathwaite as he was a lawful resident of the ranch. Defendants’ failure to fulfill this duty resulted in the sexual battery of Plaintiff as their actions and omissions allowed Brathwaite unsupervised access to Plaintiff. 44. Brathwaite intentionally committed sexual battery by restraining and raping Plaintiff, a minor on May 25, 1992, after Plaintiff explicitly verbally denied consent. 45. Further, Plaintiff was incapable of consent due to infancy as Plaintiff was approximately fourteen years old. 46. At all times relevant, Brathwaite was approximately twenty years old. 47. Brathwaite’s actions constitute sexual offenses as defined in New York Penal Law Article 130, including but not limited to, sexual misconduct as defined in Article 130.20, rape in the second degree as defined in Article 130.30, rape in the first degree as defined in 130.35, forcible touching as defined in 130.52, sexual abuse in the third degree as defined in 130.55, sexual abuse in the first degree as defined in 130.65. 9 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 48. The Defendants permitted and/or allowed these activities to take place on their respective premises, in violation of Plaintiff’s legal rights and privacy. 49. As a direct and proximate result of Defendants’ acts and omissions, Plaintiff sustained physical, emotional, and psychological injuries, along with pain and suffering and loss of enjoyment of life. 50. The Defendants’ actions were intentional, done with malice, cruelty, and/or a deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and contemptible that it exceeds the reasonable bounds of decency as measured by what the average member of the community would tolerate and demonstrates and utter disregard of the consequences that would follow. As such, the Defendants’ actions give rise to punitive damages. 51. By reason of the foregoing, the Defendants are liable to the Plaintiff for compensatory damages and punitive damages, together with interest and costs. 52. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 53. Plaintiff repeats, reiterates and realleges each and every allegation set forth above as if the same were set forth more fully at length herein. 54. As described above, the Defendants’ conduct was extreme and outrageous and intentionally caused severe emotional distress to Plaintiff. 55. The Defendants acted with intent and recklessness that Plaintiff had suffered emotional distress. 10 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 56. As a direct and proximate result of Defendants’ acts and omissions, Plaintiff sustained physical and psychological injuries, severe emotional distress along with pain and suffering and loss of enjoyment of life. 57. In addition to their own direct liability for intentionally inflicting emotional distress on Plaintiff, the Defendants are also liable for Brathwaite’s intentional infliction of emotional distress under the doctrine of respondeat superior. At the time of the incident, Defendants were required to supervise and/or control Brathwaite as he was a lawful resident of the ranch. Defendants’ failure to fulfill this duty resulted in the sexual battery of Plaintiff as their actions and omissions allowed Brathwaite unsupervised access to Plaintiff. Brathwaite used this unsupervised access to intentionally and cause Plaintiff emotional distress. 58. The Defendants’ actions were intentional, done with malice, cruelty, and/or a deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and contemptible that it exceeds the reasonable bounds of decency as measured by what the average member of the community would tolerate and demonstrates and utter disregard of the consequences that would follow. As such, the Defendants’ actions give rise to punitive damages. 59. By reason of the foregoing, the Defendants are liable to the Plaintiff for compensatory damages and punitive damages, together with interest and costs. 60. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. 11 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 AS AND FOR A SIXTH CAUSE OF ACTION: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 61. Plaintiff repeats, reiterates and realleges each and every allegation set forth above as if the same were set forth more fully at length herein. 62. At all times relevant, Brathwaite was under Defendants’ direct supervision and control when he committed the wrongful acts alleged herein. 63. Defendants owed Plaintiff a duty because she was a minor invited onto the premises and entrusted to their care. 64. The Defendants breached their duty to Plaintiff by giving improper or ambiguous orders and/or failing to make proper regulations, protocols and/or employ proper persons and instrumentalities in assessing the risk of harm to children; permitting and/or intentionally failing and/or neglecting to prevent the commissions of tortious conduct against children on their premises; failing to adequately supervise the activities of resident Brathwaite, allowing all acts or omission and/or any of the above-described actions. 65. As described above, Brathwaite’s conduct was committed as a result of Defendants’ failure to adequately supervise and control Brathwaite. 66. The Defendants breached their duty by failing to protect Plaintiff from a sexual deviant. 67. As a direct and proximate result of Defendants’ acts and omissions, Plaintiff sustained physical and psychological injuries, severe emotional distress along with pain and suffering and loss of enjoyment of life. 68. In addition to their own direct liability for intentionally inflicting emotional distress on Plaintiff, the Defendants are also liable for Brathwaite’s negligent infliction of emotional distress under the doctrine of respondeat superior. At the time of the incident, Defendants were 12 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 required to supervise and/or control Brathwaite as he was a lawful resident of the ranch. Defendants’ failure to fulfill this duty resulted in the sexual battery of Plaintiff as their actions and omissions allowed Brathwaite unsupervised access to Plaintiff. Brathwaite used this unsupervised access to cause Plaintiff emotional distress. 69. By reason of the foregoing, the Defendants are liable to the Plaintiff for compensatory damages, together with interest and costs. 70. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. AS AND FOR A SEVENTH CAUSE OF ACTION: BREACH OF STATUTORY DUTY TO REPORT ABUSE UNDER SOCIAL SERVICES LAW §§ 413 AND 420 71. Plaintiff repeats, reiterates and realleges each and every allegation set forth above as if the same were set forth more fully at length herein. 72. Pursuant to New York Social Services §§ 413 and 420, Defendants, including but not limited to their administrators and other personnel, had a statutory duty to report reasonable suspicion of abuse of children in its care. 73. Defendants breached that duty by negligently, knowingly, and/or willfully failing to report reasonable suspicion of abuse by resident Brathwaite of children in their care. 74. As a direct and proximate result of Defendants’ acts and omissions, Plaintiff sustained physical and psychological injuries, severe emotional distress along with pain and suffering and loss of enjoyment of life. 75. The Defendants’ actions were intentional, done with malice, cruelty, and/or a deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and 13 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 contemptible that it exceeds the reasonable bounds of decency as measured by what the average member of the community would tolerate and demonstrates and utter disregard of the consequences that would follow. As such, the Defendants’ actions give rise to punitive damages. 76. By reason of the foregoing, the Defendants are liable to the Plaintiff for compensatory damages and punitive damages, together with interest and costs. 77. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. AS AND FOR AN EIGHTH CAUSE OF ACTION: VIOLATION OF N.Y. Pen. Law. § § 263.00. 263.05, 263.10, 263.15, 263.16 77. Plaintiff repeats, reiterates and realleges each and every allegation set forth above as if the same were set forth more fully at length herein. 78. Under New York law, it is a crime to persuade someone younger than 17 to engage in sexual conduct and/or activities. 79. That at all times herein mentioned, Brathwaite violated Sections 263.00, 263.05, 263.10, 263.15, 263.16 and 263.25 of the NY Penal Law when he sexually abused Plaintiff and coerced Plaintiff into engaging in sexual activities and conduct. 80. That the Plaintiff, a minor, was legally incapable of granting consent to such activities as defined in NY Penal Law § 263.00 et seq. 81. Defendants are liable for Brathwaite’s sexual abuse of Plaintiff under the doctrine of respondeat superior. At the time Brathwaite committed the acts alleged herein, Defendants were required to supervise and/or control Brathwaite as he was a lawful resident of the ranch. Defendants’ failure to fulfill this duty resulted in the sexual abuse of Plaintiff as their actions and omissions allowed Brathwaite unsupervised access to Plaintiff. 14 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 82. The Defendants permitted and allowed these activities to take place on their respective premises, in violation of the Plaintiff’s legal rights and privacy. 83. As a direct and proximate result of Defendants’ acts and omissions, Plaintiff sustained physical and psychological injuries, severe emotional distress along with pain and suffering and loss of enjoyment of life. 84. The Defendants’ actions were intentional, done with malice, cruelty, and/or a deliberate willful, wanton, and reckless indifference to Plaintiff’s rights and were done in conscious disregard for the probability that the conduct would result in harm to Plaintiff’s physical and emotional wellbeing. The Defendants’ conduct was so outrageous, shocking, despicable, and contemptible that it exceeds the reasonable bounds of decency as measured by what the average member of the community would tolerate and demonstrates and utter disregard of the consequences that would follow. As such, the Defendants’ actions give rise to punitive damages. 85. By reason of the foregoing, the Defendants are liable to the Plaintiff for compensatory damages and punitive damages, together with interest and costs. 86. By reason of the foregoing, the Plaintiff has been damaged in a sum that exceeds the jurisdictional limits of all other courts which would otherwise have jurisdiction. 15 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 PRAYER FOR RELIEF WHEREFORE, Plaintiff Jayme Thode demands judgment against the Defendants Timothy Hill Children’s Ranch, Inc.; Timothy Hill Farm, LLC; Apple Day Camp, Inc.; Timothy Hill Christian Camp, Inc., The Timothy Foundation, Inc.; and Jerrell Hill, in his official and individual capacity, on the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth causes of action as follows: A. Awarding compensatory damages in an amount to be proved at trial, but in any event in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction to the extent permitted by law; B. Awarding punitive damages to the extent permitted by law; C. Awarding costs and fees of this action, including attorneys’ fees to the extent permitted by law; D. Awarding prejudgment interest to the extent permitted by law; and E. Awarding such other and further relief as this Court may deem just and proper. Dated: New York, New York August 13, 2021 RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for Plaintiffs By: ______________________________ Sherri L. Plotkin, Esq. 551 Fifth Avenue, 29th Fl. New York, NY 10176 Tel: (212) 684-1880 16 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 ATTORNEY’S VERIFICATION STATE OF NEW YORK ) ):ss.: COUNTY OF NEW YORK ) I, Sherri L. Plotkin, an attorney duly admitted to practice law in the State of New York, make the following affirmation under the penalties of perjury: 1. I am an Attorney with Rheingold Giuffra Ruffo & Plotkin, LLP attorney of record for Plaintiff. 2. I have read the foregoing COMPLAINT and know the contents thereof; the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief and that as to those matters, I believe them to be true. 3. This verification is made by affirmant and not by the Plaintiff because she is not in the County of New York, which is the County where the affirmant maintains her office. 4. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with the said Plaintiff, information contained in the said Plaintiff's file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: New York, New York August 13, 2021 _________________________ Sherri L. Plotkin, Esq. Pursuant to 22 NYCRR § 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, and an attorney with Rheingold Giuffra Ruffo & Plotkin, LLP, certifies that, upon information and belief and reasonable inquiry, the contentions contained in this document are not frivolous; Dated: August 13, 2021 New York, New York _________________________ Sherri L. Plotkin, Esq. 17 of 18 FILED: SUFFOLK COUNTY CLERK 08/13/2021 02:37 PM INDEX NO. 615613/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK JAYME THODE, Index No.: Plaintiff, -against- TIMOTHY HILL CHILDREN’S RANCH, INC.,TIMOTHY HILL FARM, LLC, APPLE DAY CAMP, INC., TIMOTHY HILL CHRISTIAN CAMP, INC., THE TIMOTHY FOUNDATION, INC. and JERRELL HILL, in his official and individual capacity, Defendants. SUMMONS AND VERIFIED COMPLAINT RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for Plaintiff 551 Fifth Avenue, 29th Floor New York, NY 10176 Tel: (212) 684-1880 Fax: (212) 689-8156 The documents herein are hereby certified pursuant to 25 NYCRR 130-1.1a: By: Sherri L. Plotkin, Esq. Dated: New York, NY August 13, 2021 18 of 18