The Associated Press

PORTLAND, Ore. (AP) — The statute of limitations on a sex abuse claim against a government employee in Oregon may depend on when the victim realizes the government was involved, not when the actual abuse occurred.

The Oregon Supreme Court ruled unanimously Thursday the city of The Dalles could not claim the statute began running when a member of the police Explorer Scout program was sexually abused by a police officer in 1996.

The boy was 16 at the time, but he did not disclose the abuse until 2001, after learning that another police officer was under investigation for serving alcohol to a minor.

The victim was then called to testify at a grand jury hearing on the officer who abused him, James Tannehill, and realized he had a claim against the city.

Kelly Clark, attorney for the victim, said the ruling "closes one of the loopholes where the government goes to hide when a government employee abuses a kid."

Clark said government agencies have argued the statute of limitations begins when the abuse occurs, but that is "totally unrealistic for any child sex abuse survivor," especially when the offender is typically somebody in authority.

"If you have a government coverup, the clock begins to run when you discover the government had a role in the abuse," Clark said, "so it’s really a big deal."

The victim filed a negligence and sexual battery claim against The Dalles in June 2002, and then added a federal civil rights claim in July 2003.

The city argued the two-year statute of limitations had already expired because the abuse occurred in 1996, but a trial judge rejected the argument.

The Oregon Court of Appeals, however, ruled in favor of the city, concluding that "at the time of the abuse itself, plaintiff had sufficient information" to determine he had a claim against the city.

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By JESSICA KELLER
ARGUS OBSERVER
Sunday, March 9, 2008 4:58 AM PDT

VALE  - The attorney for the Portland man suing the Church of Jesus Christ of Latter-day Saints and the Boy Scouts of America said his client is typical of many who come forward later in life with sexual abuse lawsuits aimed at individuals employed or formerly employed by high-profile entities.

Portland attorney Kelly Clark, a child sex abuse attorney and former Oregon state legislator, filed a lawsuit in Malheur County Circuit Court Feb. 21 on behalf of a Portland-area man seeking nearly $5 million in general damages from the Church of Jesus Christ of Latter-day Saints and the Boy Scouts of America.

The man, referred to in court documents only as Tom Doe, asserts he experienced abuse from an LDS youth leader and Boy Scout troop master named Larren Arnold, as a youth in Nampa.

Clark, an attorney with the Portland law firm O’Donnell, Clark and Crew LLP, said based on his experience working with sex abuse victim claims, he absolutely believes Doe’s allegations are true and the lawsuit warranted.

“Because I’ve done a number of these cases over the years, I have a system of evaluating both the client and the case, and this met all the criteria,” Clark said, adding when a potential client comes to him with a case, the first thing he does is establish its plausibility based on the background he is provided.

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The Boy Scouts of America and the Mormon church face another lawsuit for alleged child sexual abuse.

The $5.1 million case filed Thursday by a Portland man alleges that Larren Arnold, a Boy Scout and Mormon youth leader, abused him as a Scout in Idaho and Oregon between 1967 and 1970.

Arnold, now 72, was convicted in Bannock County, Idaho, in 1985 of felony child abuse in an unrelated case.

A May 31, 1990, letter from then-Ore-Ida Council executive Kim Hansen, obtained by The Oregonian, says:

"Arnold’s ecclesiastical leader . . . had firsthand knowledge of child sexual molestations of one or more Scouts. No charges were filed as the mother was talked out of it at the time by church leaders."

The Scouts blacklisted Arnold in 1991, six years after his conviction, Scout records show.

The plaintiff, now 53, is the seventh Portland man suing the Boy Scouts for alleged sexual abuse.

One case, brought by two brothers last year, also targets the Mormon church. Combined, all the suits seek $33 million.

The latest case, like one other, alleges the Boy Scouts and the Mormon church knew by the 1960s they had a widespread pedophile problem. The Scouts nationally removed leaders at a rate of one every three days for child molestation, the latest suit says.

"These institutions of trust -- the (Church of Jesus Christ of Latter-day Saints) and the Boy Scouts -- which held such emotional, spiritual, and moral authority over children, badly failed at protecting them," said Portland attorney Kelly Clark, who is handling the suit along with others.

The Mormon church and the Boy Scouts say they take child abuse seriously, do everything possible to protect children and will investigate the alleged abuse from 40 years ago. Boy Scout Ore-Ida Council executive David Keeper said the Scouts need an opportunity to review the case before responding to its specifics.

Church spokesman J. Craig Rowe said in an e-mail that it "seems difficult for anyone to claim that some unidentified church leader somehow kept the matter (Arnold’s 1985 conviction) from becoming public, or otherwise allowed Arnold to prey on children."

The case was filed in Malheur County, where some abuse is alleged to have occurred.

Arnold, reached in Arizona, said he lives in Pocatello, Idaho.

He said he abused more than one boy while a Scout leader, stayed in Scouting for 12 to 15 years and that the church and Scouts never questioned his background or tried to stop him.

Arnold said he turned himself in in 1984 for abuse in the Bannock County case. He said he has had a clean record since, went through years of treatment and doesn’t recall molesting anyone in Oregon.

"I’m not saying I didn’t do it, but I don’t remember," he said. "I’m sorry for what happened."

KTRV - Fox 12, Boise, Idaho

Idaho Press Tribune  and The Associated Press

BOISE — A man has filed a $5 million lawsuit against the Boy Scouts and the Church of Jesus Christ of Latter-day Saints, contending they didn’t do enough to stop a Scout troop leader from sexually abusing children.

Scout and church officials said the organizations take such allegations seriously and will investigate the claims even though they happened decades ago. But an LDS church spokesman criticized the plaintiff’s attorney for going to the media before taking the claims to church.

The plaintiff in the suit, only identified as “Tom Doe” in the legal documents, is a 53-year-old man who was born and raised in Nampa, according to his attorney, famed sex abuse claims attorney Kelly Clark.

The lawsuit was filed Thursday morning in Malheur County Circuit Court in Vale, Ore., which is where Clark said the majority of the abuse took place. The plaintiff alleges that Larren Arnold, a leader of his Nampa Boy Scout troop, sexually abused him for about three years, when the victim was between the ages of 10 and 13, and that the abuse left him with debilitating physical, emotional and mental injuries.

“My client worshipped Arnold; (he) thought the sun rose and set on him,” Clark said. Due to the sexual abuse his client received, Clark said his client has suffered a loss of respect for authority figures, of trust in others, and of his spiritual faith.

“He was a very devout person. He grew up in a devout family and had a testimony,” Clark said. “What is loss of faith worth? I know what it’s worth to me, and you can’t put a price on it.”

Scouts, church react

Arnold could not be immediately reached for comment. A recorded message for a Pocatello listing under Arnold’s name said the number had been temporarily disconnected at the customer’s request.

David Kemper, the Scout executive for the Ore-Idaho Council, said he had not yet seen the lawsuit and so couldn’t give specific comments. However, Kemper said, the Boy Scouts take any allegation of child abuse seriously.

“No matter when it is made, the issue of child abuse is serious and the organization is committed to making sure children involved in the program are able to do so in a safe environment,” Kemper said. “The Boy Scouts’ child abuse program is extensive. We have training for our adults in youth protection, and we’ve taught our youth the three Rs — recognize, resist and report.”

J. Craig Rowe, spokesman for the LDS church in Idaho, said the church also takes the allegations seriously.

“The Church of Jesus Christ of Latter-day Saints has a zero-tolerance policy for child abuse and does all it can to help victims and report abuse. It will seriously investigate these decades-old allegations,” Rowe said in a prepared statement.

Recounting allegations

While Arnold was never convicted of a criminal act against his client, Clark said Arnold was convicted of sexual abuse of a minor under 16 in 1985, “a good 15 years after what happened to my client.” Arnold received a sentence of three years in prison for that offense, Clark said.

Arnold was listed as a registered sex offender in Bannock County several years ago for that unrelated offense but is no longer on any Idaho sex offender registry, according to public records.

Bannock County probation officials would not release any details of the case or Arnold’s current sex offender status.

Lawsuit names

organizations

The accuser alleges that the Nampa ward of the LDS church “called” Arnold to serve as a Scout troop leader to educate and minister to LDS families and their children. The troop was jointly operated by the Boy Scouts and the LDS church,

he said.

The accuser maintains that leaders of the Boy Scouts Ore-Ida Council, the national Boy Scouts of America organization and the church knew they had “institution-wide child abuse problems.”

At least one church official, who served as the troop’s assistant scoutmaster, knew the abuse was occurring, Clark alleged.

“My client knows for sure that one of the assistant scoutmasters witnessed the abuse,” Clark said.

“He was in the same tent. So he should have reported it and it should have stopped right then. We know, unfortunately, that this guy was allowed to go on and abuse kids for several more years.”

The plaintiff reported he was abused during scouting trips and outings in eastern Oregon and in Nampa, Clark said.

Despite the abuse claim and lack of criminal conviction against his client, Arnold is not included in the lawsuit.

“My client holds the organizations responsible,” Clark said. “Mr. Arnold has paid his penalties and his dues.”

Clark added: “We will prove that for at least five or six years after that, he was still on the Boy Scout rolls, and we think still serving.”

The attorney said he hopes that through this lawsuit, and through several other he has filed in the past, that the organizations will be stronger and safer, preventing abuse of other innocents.

“It’s not my view to shut them down. I believe it helps change good institutions and make them better. That’s my hope.”

Salt Lake City Tribune

Associated Press

BOISE - A man has filed a $5 million lawsuit against the Boy Scouts and The Church of Jesus Christ of Latter-day Saints, contending they didn’t do enough to stop a Scout troop leader from sexually abusing children.
    The lawsuit was filed Thursday in Malheur County Circuit Court in Vale, Ore., by a 53-year-old man identified only as Tom Doe.
    Doe alleges that Larren Arnold, a leader of his Nampa, Idaho, Boy Scout troop, sexually abused him for about three years, starting in 1967, and that the abuse left him with debilitating physical, emotional and mental injuries.
    Arnold could not be immediately reached for comment. A recorded message for a Pocatello listing under Arnold’s name said the number had been temporarily disconnected at the customer’s request.
    Arnold was listed as a registered sex offender in Bannock County several years ago for an unrelated offense but is no longer on any Idaho sex offender registry, according to public records. Bannock County probation officials would not release any details of the case or Arnold’s current sex offender status.
    Doe, who grew up in Nampa but now lives in the Portland, Ore., region, alleges that the Nampa ward of the LDS Church "called" Arnold to serve as a Scout troop leader to educate and minister to LDS families and their children. The troop was jointly operated by the Boy Scouts and the LDS Church, Doe said.

Doe maintains that leaders of the Boy Scouts Ore-Ida Council, the national Boy Scouts of America organization and the church knew they had "institution-wide child abuse problems."
    David Kemper, the scout executive for the Ore-Idaho Council, said he had not yet seen the lawsuit and so couldn’t give specific comments. However, Kemper said, the Boy Scouts take any allegation of child abuse seriously.
    "No matter when it is made, the issue of child abuse is serious and the organization is committed to making sure children involved in the program are able to do so in a safe environment," Kemper said. "The Boy Scout’s child abuse program is extensive. We have training for our adults in youth protection, and we’ve taught our youth the three Rs - recognize, resist and report."
    At least one church official, who served as the troop’s assistant scoutmaster, knew the abuse was occurring, said Doe’s attorney, Kelly Clark.
    "My client knows for sure that one of the assistant scoutmasters witnessed the abuse," Clark said. "He was in the same tent. So he should have reported it and it should have stopped right then. We know, unfortunately, that this guy was allowed to go on and abuse kids for several more years."
    Doe was abused during scouting trips and outings in eastern Oregon and in Nampa, Clark said.
    Arnold was convicted of sexual abuse of a child under 16 in Bannock County in 1985, Clark said.
    "We will prove that for at least five or six years after that he was still on the Boy Scout rolls, and we think still serving."
    J. Craig Rowe, spokesman for the LDS Church in Idaho, said the church takes the allegations seriously. He criticized Clark’s approach to the case.
    "The Church of Jesus Christ of Latter-day Saints has a zero tolerance policy for child abuse and does all it can to help victims and report abuse. It will seriously investigate these decades’ old allegations," Rowe said in a prepared statement.
    "However, the way in which this case was filed raises a serious issue of which both the court and the public should be aware. The plaintiff’s attorney contacted media before the lawsuit was even filed knowing the church could not respond, in an attempt to create headlines rather than discover the facts. This approach trivializes the seriousness of child abuse and its tragic consequences."
    Clark said he has brought dozens of similar cases against the Roman Catholic church and is currently litigating seven cases against the LDS Church.
    "Based on my experience I would expect to find a long, ugly, broken trail of child abuse," he said. "I’m conscious of where we are and I would say that these both are rightly respected institutions, but the fact is in the 1960s and 1970s they were not doing their job."

By Adam Rodriguez

KCBI CBS 2

TREASURE VALLEY - A former Nampa boy scout is claiming he was sexually abused by a leader in the 1960’s. He says the Boy Scouts and Church of Jesus Christ of Latter-day Saints failed to protect him from a predator.
Now, 40 years later, he’s suing both organizations for $5 million.

The former scout’s attorney was in Boise Thursday to talk about the lawsuit.

“He trusted his youth leader, his priesthood leader, who was also a boy scout leader. And that person badly betrayed his trust,” said Kelly Clark, of the Portland lawfirm O’Donnell and Clark, Attorneys at Law.

‘That person’ was allegedly Larren Arnold. The lawsuit alleges Arnold was the victim’s scout leader in the Nampa Second Ward in the late 1960’s. It’s not the first time he’s been accused of abuse. In 1985, Arnold pled guilty to a misdemeanor charge of child sex abuse in Bannock County. But the lawsuit isn’t going after Arnold.

“If you put the fox in the chicken coop, you can’t blame the fox for doing what foxes do. You blame is the farmer. In this case, the farmer is the Boy Scouts and the Church,” Clark said.

The Ore-Ida Council of the Boy Scouts of America issued a written statement from scout executive David Kemper. It reads:

"Although we have heard of the litigation being brought against the Boy Scouts and the Church of Jesus Christ of Latter-day Saints, we have not received the complaint… However the safety of children is the highest priority of the Boy Scouts of America."

J Craig Rowe, Idaho area public affairs director for the LDS Church, issued this statement:

"The Church of Jesus Christ of Latter-day Saints has a zero tolerance policy for child abuse and does all it can to help victims and report abuse. It will seriously investigate these decades’ old allegations."

Clark said both organizations are responsible for the abuse. When asked if it’s fair to make an organization police its members, he said, “Are we asking that the Church and the Scouts be responsible for failing to police everything, or are we asking that they be liable because they didn’t do the very obvious thing of reporting it once they knew it was going on? We think it’s the latter situation.”

KTVB.com

Rebecca Boone
Associated Press

BOISE -- A man has filed a $5 million lawsuit against the Boy Scouts and the Church of Jesus Christ of Latter-day Saints, contending they didn’t do enough to stop a Scout troop leader from sexually abusing children.

The lawsuit was filed Thursday in Malheur County Circuit Court in Vale, Ore., by a 53-year-old man identified only as Tom Doe.

Doe alleges that Larren Arnold, a leader of his Nampa, Idaho, Boy Scout troop, sexually abused him for about three years, starting in 1967, and that the abuse left him with debilitating physical, emotional and mental injuries.

Arnold could not be immediately reached by The Associated Press for comment. A recorded message for a Pocatello listing under Arnold’s name said the number had been temporarily disconnected at the customer’s request.

Arnold was listed as a registered sex offender in Bannock County several years ago for an unrelated offense but is no longer on any Idaho sex offender registry, according to public records. Bannock County probation officials would not release any details of the case or Arnold’s current sex offender status.

Doe, who grew up in Nampa but now lives in the Portland, Ore., region, alleges that the Nampa ward of the LDS church "called" Arnold to serve as a Scout troop leader to educate and minister to LDS families and their children. The troop was jointly operated by the Boy Scouts and the LDS church, Doe said.

Doe maintains that leaders of the Boy Scouts Ore-Ida Council, the national Boy Scouts of America organization and the church knew they had "institution-wide child abuse problems."

David Kemper, the scout executive for the Ore-Idaho Council, said he had not yet seen the lawsuit and so couldn’t give specific comments. However, Kemper said, the Boy Scouts take any allegation of child abuse seriously.

"No matter when it is made, the issue of child abuse is serious and the organization is committed to making sure children involved in the program are able to do so in a safe environment," Kemper said. "The Boy Scout’s child abuse program is extensive. We have training for our adults in youth protection, and we’ve taught our youth the three R - recognize, resist and report."

At least one church official, who served as the troop’s assistant scoutmaster, knew the abuse was occurring, said Doe’s attorney, Kelly Clark.

"My client knows for sure that one of the assistant scout masters witnessed the abuse," Clark said. "He was in the same tent. So he should have reported it and it should have stopped right then. We know, unfortunately, that this guy was allowed to go on and abuse kids for several more years."

Doe was abused during scouting trips and outings in eastern Oregon and in Nampa, Clark said.

Arnold was convicted of sexual abuse of a child under 16 in Bannock County in 1985, Clark said.

"We will prove that for at least five or six years after that he was still on the Boy Scout rolls, and we think still serving."

J. Craig Rowe, spokesman for the Mormon church in Idaho, said the church takes the allegations seriously. He criticized Clark’s approach to the case.

"The Church of Jesus Christ of Latter-day Saints has a zero tolerance policy for child abuse and does all it can to help victims and report abuse. It will seriously investigate these decades’ old allegations," Rowe said in a prepared statement.

"However, the way in which this case was filed raises a serious issue of which both the court and the public should be aware. The plaintiff’s attorney contacted media before the lawsuit was even filed knowing the church could not respond, in an attempt to create headlines rather than discover the facts. This approach trivializes the seriousness of child abuse and its tragic consequences."

Clark said he has brought dozens of similar cases against the Roman Catholic church and is currently litigating seven cases against the LDS church.

"Based on my experience I would expect to find a long, ugly, broken trail of child abuse," he said. "I’m conscious of where we are and I would say that these both are rightly respected institutions, but the fact is in the 1960s and 1970s they were not doing their job."

LocalNews8.com

Thursday, February 21st , 2008