Lawsuit
Kurn Hattin Lawsuit
John Doe v. New England Kurn Hattin Homes
A Vermont law firm is representing survivors of childhood sexual, physical, and emotional abuse alleged to have been perpetrated at Kurn Hattin Homes in Westminster, Vermont. The civil claim was filed in Windham County Superior Court in 2021. The lawsuit: John Doe v. New England Kurn Hattin Homes Docket No. 21-CV-01251 - is the first legal case in Vermont to test the recently repealed state law eliminating the statute of limitations on civil lawsuits of childhood physical abuse and is the first lawsuit filed against defendant Kurn Hattin Homes for Children of its kind in 130 years. Vermont Senator Dick Sears said that the drafting of Bill S.99, “was in response to … the recently discovered child abuse at the Kurn Hattin school.”
"Kurn Hattin gives platitudes and they say oh well we're here for for the survivors and we're going to investigate this fully, but when it comes to the litigation it's the reverse state. They're tooth and nail in litigation."
"In a case like this, where there are other victims, there are as far as we know right now at least 60 other victims out there, so if it was just one person out in the woods saying hey this happened to me maybe, but when you have five ten, fifteen, twenty, twenty-five, fifty then it's just not a coincidence. You know there's there's a systemic failure in that school, there's something that was wrong and been wrong for a very long time." Attorney Thomas C. Bixby
"Well, it seems like they're not really cooperating. I would think that if you are really about kids and you care as much as you say, that you would want to vigorously root out anything destructive like that." Vermont U.S. Congressional Candidate Ericka Redic
Join Ericka Redic for a conversation with Attorney Thomas Bixby, who is representing alleged victims of abuse suffered at the Kurn Hattin Homes for Children. Now that the statute of limitations on these types of crimes has been extended, many people have come forward to share their story of abuse, and Mr. Bixby is not the first lawyer to see them in court. I received multiple emails from survivors asking to address this topic, and then one day while I was driving through Woodstock, I saw a man with a huge sign on the side of the road, informing his neighbors of what he knew to be true. His story broke my heart, and I'm so grateful to give the surviving victims a voice.
Vermont's Legacy of Child Abuse
Windham County Superior Court Hearings: John Doe v. Kurn Hattin
John Doe v. New England Kurn Hattin Homes: Status Hearing December 18, 2023
John Doe v. New England Kurn Hattin Homes: Pre Trial Conference February 12, 2024
Kurn Hattin Homes for Children Slapped With Civil Rights Lawsuit
U.S. District Court - District of Vermont: Title IX
A lawsuit was filed in U.S. District Court, District of Vermont over Civil Rights on April 11, 2024. The plaintiff in the federally filed lawsuit is Kurn Hattin Survivor, Miss Black Vermont 2017, Keren Sita of Burlington, Vermont.
Letter from Vermont Governor Pill Scott:
State of Vermont Office of the Governor - Dear Keren, Congratulations on being named Miss Black Vermont and the first in Vermont history. I am always excited to read about people who are able to distinguish themselves among others. You have made our state proud. Women like you inspire young Vermonters to work hard and dream big. I fully support your efforts to promote diversity and inclusion in our state, and applaud the message you are sending to young people that, as Martin Luther King, Jr. said, 'the content of our character' is what defines us. I also thank you for calling attention the heart disease, a key issue to the people of Vermont. Your efforts are important and valued. Congratulations, I will be following your progress to the national competition, and thank you again for making Vermont proud. Sincerely Phillip B. Scott, Governor
Letter from U.S. Senator from Vermont Patrick Leahy:
United States Senate Washington D.C. - Dear Ms.Sita, Congratulations on your selection as Miss Black Vermont 2017. The leadership qualities and commitment that you display will surely be put to use as Miss Black Vermont. Thank you for being such a strong role model for young Vermont Women, I am proud they have someone like you to look up to. Again, congratulations and I wish the best as you prepare for the Miss Black USA competition in August. Sincerely, Patrick Leahy
Statement from the first Miss Black Vermont USA 2017 - Keren Sita:
My name is Keren Sita. I am so happy to announce that I have been selected as your FIRST ever Miss Black Vermont! I am extremely honored to carry this state title. I have been a long-time resident of the town of South Burlington since my family moved here from the Democratic Republic of Congo when I was two years old. I am culturally rooted and invested in the values that Vermont instills in its citizens. It is an honor to represent the state of Vermont while empowering women and young girls along with sharing the issue that matter the most to me. Vermont will forever be my home.
The Miss Black America Pageant has existed since 1987, and this is the first time there will be a representative of our state. The African American population in the state of Vermont is only 2%. The African population is much smaller than that. Growing up in Vermont there have been many times were I have struggled to embrace the skin I’m in, due to the lack of people who looked like me in my community. I went through a time in my life when I felt insecure because of my skin color. However, over time I have learned that whatever you look like, you can aspire to be whatever you want to be.
The Miss Black USA pageant is not just about beauty, but is also a movement to show the talent, intelligence, and perseverance of young women of color. The mission of the Miss Black USA Pageant is to provide educational opportunities to outstanding young women of color and to develop the whole woman mind, body, and spirit. My goal as Miss Black Vermont is to inspire Vermont youth to attempt to reach their potential regardless of ethnicity, background or social status by hosting and attending different events that highlight and celebrate those issues. I will be working with different organizations in the community such as, Boys and Girls club of Burlington, YMCA, and different after school programs. I'd like to share my experiences with those who struggle with insecurity and feel like outcasts.
At the end of the day, .... we are all Human.
Ms. Sita is representing herself 'Pro Se' in Federal Court. ... Sita v. Kurn Hattin Homes for Children
Sita v. Kurn Hattin Homes for Children
Kurn Hattin Civil Rights Title IX Complaint
Kurn Hattin Homes for Children Sued for Discrimination in Federal Court
Kurn Hattin and Sununu Youth Services Center Lawsuits
Kurn Hattin Homes for Children: Defendant in YDC Child Abuse Cases
John Doe #1112 and John Doe #767 are suing Kurn Hattin Homes for Children as a contractor defendant in the New Hampshire Sununu Youth Development Center lawsuit because Kurn Hattin Homes was one of the private contracted facilities where they allege they suffered abuse. The lawsuit claims that these facilities, including Kurn Hattin Homes, were part of a broader system where children experienced physical, sexual, and emotional abuse. The lawsuit asserts that Kurn Hattin Homes, as a contracted facility, failed to protect the children in its care and allowed abusive practices to occur. The claims detail instances of staff members engaging in abusive behavior, which has led to significant legal action and scrutiny.
John Doe #767: Age 11, Entered 2004 - 17. Growing up, Plaintiff's father was a drug addict who frequently abused him. When Plaintiff was approximately 11 years old, State Defendants sent him to Kurn Hattin Homes for Children in Vermont. While Plaintiff was a resident there, staff members sexually, physically, and emotionally abused him. 18. On at least four occasions, a male staff member known to Plaintiff as "***" strip searched and sexually assaulted him. During the strip searches, "***" would fondle Plaintiff's genitals and anus and told him that he should be aroused. "***" also touched his own genitals while he fondled Plaintiff. On one occasion, Plaintiff resisted "***" attempt to sexually assault him and in response "***" violently struck Plaintiff's testicles. As a result, Plaintiff suffered severe testicular swelling. "***" took Plaintiff to the hospital and told him to tell medical personnel that he was injured playing football. The staff member threatened to physically harm Plaintiff if he told medical personnel the truth about what happened. 19. Staff members also physically abused Plaintiff by choking him and putting him in physical restraints. Furthermore, staff members often placed Plaintiff in isolation or solitary confinement for hours at a time.
John Doe #1112 V State Of New Hampshire, Department Of Health & Human Services: On July 10, 2024, Doe #1112, John filed a General Torts case against Department Of Youth Development Service et al. in the jurisdiction of Rockingham County, NH. Among other Youth Services Center claimants are John Doe #1068, who was sent to Kurn Hattin Home for Children in Vermont. Plaintiff completed the sixth grade at Kurn Hattin but ran away from the Vermont Approved Independent School to New Hampshire after beginning the seventh grade. Jane Doe #170 also was sent to the Kurn Hattin School.
Claims Against Defendants: As of the date of this filing, counsel have been retained by more than 1,000 individuals who allege that they suffered abuse (either sexual, physical, and/or psychological) while they were children in State custody living in juvenile residential facilities. Victims of abuse continue to come forward.
The “State Defendants” identified in the Master Complaint are: the State of New Hampshire; the New Hampshire Department of Health and Human Services (“DHHS”) and its named Divisions, the Division of Children, Youth and Families (“DCYF”) and the Division of Juvenile Justice Services (“DJJS”); the Youth Development Center (“YDC”), also known as the Sununu Youth Services Center and Youth Development Services Unit, formerly known as the State Industrial School and Adolescent Detention Center. State Defendants continue to maintain that there is only one proper State Defendant: DHHS.
Contractor Defendants have been served with Short Form Complaints asserting supplemental claims in the YDC Consolidated Cases, and Plaintiffs anticipate serving additional third-party contractors in the coming weeks. While each Plaintiff’s Short Form Complaint alleges individual claims arising from different facts and circumstances, the legal claims and the injuries asserted are similar across all cases. In each case, Plaintiffs allege that State Defendants owed special, nondelegable duties, including fiduciary duties, to Plaintiffs when State Defendants took legal and physical custody and control of Plaintiffs, removing them from their families and/or guardians when they were children and fully dependent upon the State to care for and protect them.
Those duties continued when State Defendants sent Plaintiffs to live in private facilities operated by third parties (Contractor Defendants) who contracted with the State to provide residential and rehabilitative services to children in State custody. Moreover, once those Contractor Defendants assumed physical custody and control of Plaintiffs, they too accepted special duties, including fiduciary duties, with respect to those children in their custody.
Supplemental Claims Against Third-Party Contractors 5. Out of the 844 Short Form Complaints filed to date, 213 complaints assert both “consolidated claims” (claims of abuse suffered by the plaintiff while in State custody in a State operated facility) and “supplemental claims” (claims of abuse suffered by the plaintiff while in State custody in a privately operated third-party placement). 6. To date, the following 38 third-party contractors (“Contractor Defendants”) have been named in Short Form Complaints filed in the YDC Consolidated Cases:
· Kurn Hattin Homes for Children
· Brattleboro Retreat
· Robert F. Kennedy Community Alliance, Inc.
· Mount Prospect Academy, Inc.
· Easter Seals New Hampshire, Inc.
· Pine Haven Boys Center
· Nashua Children’s Home
· New England Salem Children’s Trust, Inc.
· NFI North, Inc.
· Spaulding Academy & Family Services
· Dover Children’s Home
· Our House for Girls Group Home of Dover, Inc.
· Eckerd Youth Alternatives, Inc.
· Charter Behavioral Health System of Nashua, Inc.
· Institute for Family and Life Learning
· Odyssey House, Inc.
· The Oliverian School, Inc.
· Orion House, Incorporated
· Outward Bound
· Harbor Schools Incorporated
· Malley Farm Boys Home
· The Maple Valley School, Inc.
· The Spurwink School, New Hampshire
· Waypoint Child and Family Services
· Webster House
· Wediko Children’s Services, Inc.
· Wreath School of New Hampshire, Inc.
· Ascentria Care Alliance, Inc.
· Frederic L. Chamberlain Center, Inc.
· Community Alliance of Family/Human Services, Inc.
· Élan School
· Educational Challenge Associates, Inc.
· Learning Networks Foundation
· St. Ann’s Home, Inc.
· New Hampshire Catholic Charities Hampshire
· Marathon House
· Hassle House
· Chase Home
Counsel anticipate they will be filing more Short Form Complaints in the future that assert supplemental claims against third party contractors. It is difficult at this time to predict how many additional complaints will include supplemental claims.
Background: The above-captioned Sununu YDC / Meehan case is both an individual case and the lead file for hundreds of other cases that have been consolidated for at least pretrial purposes. According to counsel for the overwhelming majority of the plaintiffs, there will soon be close to 900 consolidated cases. All of these consolidated cases involve allegations of historical abuse at State run juvenile justice and juvenile residential facilities in New Hampshire. In at least 208 of these cases, the individual plaintiffs also claim that they further abused or injured while placed by the State in non-State facilities owned and operated by the contractor defendants. In such cases, the plaintiffs have sued both the State and the pertinent contractor defendants.
Superior Court Judge Andrew Schulman consolidated all YDC and State Youth Facility cases and included all ancillary state contractor cases (e.g., Kurn Hattin Homes for Children). The lawsuit said those seeking damages suffered at least one form of abuse, but in most cases more than one including:
Physical Violence: punching, slapping, kicking, striking with elbows, striking with knees, choking with hands or forearm, body slamming against hard surfaces beating victims in restraints, pushing victims downstairs, wrestling or martial arts moves on victims involving forcefully bending and twisting limbs into painful positions (for example, sleeper holds, arm bars, and other Jiu-Jitsu maneuvers) and exploiting pressure points, intentionally slamming doors on fingers, forcing victims to kneel on rice, forcing or coercing victims to fight one another, depriving injured victims of medical care
Sexual Abuse: indecent exposure, groping genitalia and other body parts and similar unwanted touching of a sexual nature, digital penetration of the vagina and the anus, penile penetration of the vagina and the anus, forced or coerced masturbation of the victim and/or of the perpetrator, forced or coerced oral sex of the victim and/or of the perpetrator, unjustified strip searches for the purposes of humiliation or sexual gratification, unjustified cavity searches for the purposes of humiliation or sexual gratification, unjustified invasion of privacy, including watching the victim while naked in the shower, depriving victims of clothing, and acts of voyeurism (for example, masturbating while watching the victim)
Psychological Abuse: constantly referring to targeted victims by the use of demeaning and dehumanizing terms (for example, calling targets “worthless,” “losers,” “pieces of shit,” “dogs,” “animals,” “scum”), making racist, sexist, or bigoted remarks (for example, using various racist slurs, calling females “whore,” “slut,” or “bitch,” calling males suspected of being gay “faggot”), intentionally preying on especially vulnerable children (for example, encouraging a suicidal youth to “go for it” or “just do it”), threatening physical violence or sexual abuse, plying children with illegal drugs, forcing or coercing victims to consume urine or garbage, grooming victims by befriending them or providing privileges, only to later betray the victim’s trust through acts of sexual abuse or physical violence, gaslighting victims by denying abuse had ever occurred or blaming the victim for the abuse, encouraging, forcing, or coercing child victims to do harm to other children or even to other adult staff members
Excessive Restraints or Confinement: for consecutive days, weeks, or even months of solitary confinement or isolation in unsanitary or in unnecessarily harsh conditions (depriving victims of bathroom access, bedding, and/or clothing)
John Doe #767 & john Doe #1112 v State of New Hampshire DHHS, et al, Kurn Hattin Homes for Children
Kurn Hattin Homes for Children Contrator Defendant NH Sununu Youth Services Center Lawsuit
Kurn Hattin Homes Motion to Dismiss New Hampshire Youth Development Center Lawsuit
Kurn Hattin Defense Law Firm Sued for Data Breach
Primmer Piper Eggleston & Cramer Plaintiff Confidential Medical Records Hacked!
Primmer Law Firm Hit With Class Action Over 2021 Data Breach
Vermont law firm Primmer Piper Eggleston & Cramer, PC failed to protect the personal and medical information of 373 people that was exposed in a November 2021 data breach, a proposed federal class action said. Shawna Gaboriault alleged that the firm failed to implement adequate data security measures or properly train its employees entrusted with sensitive data, and failed to provide adequate and timely notice of the breach.
Information exposed in the incident included names, Social Security numbers, financial-account numbers, driver’s-license numbers, passport numbers, online credentials, health insurance information, medical diagnosis information, medical record numbers, test results and lab reports, treatment type and location, as well as Personal Identifying Information including names, Social Security numbers, driver’s license numbers, financial account numbers, dates of birth, online credentials, tax identification numbers, passport numbers and/or electronic signatures which Plaintiff alleges Defendant collected from Plaintiff and/or Class Members
Judge William K. Sessions III partially denied the motion of Primmer Piper Eggleston & Cramer motion to dismiss claims brought by Gaboriault in the putative class action, finding that she sufficiently claimed there was a concrete injury that is actual or imminent and that is traceable to PPEC's actions, according to the opinion filed October 11, 2024 in the US District Court for the District of Vermont.
Gaboriault sued PPEC in February after receiving a notice of security incident in 2022 that her data may have been stolen in a cyber attack. She said the firm held personal identifying information about her obtained through a personal injury case in state court where she was the plaintiff and PPEC represented the defendant.
The judge denied Primmer Piper Eggleston & Cramer's motion to dismiss claims of general negligence, breach of implied contract, and unjust enrichment, according to the opinion. Gaboriault is represented by Kim Law Firm LLC and Martin Delaney & Ricci Law Group. PPEC is represented by Wood Smith Henning & Berman LLP and Downs Rachlin Martin PLLC.
Factual Background
This case centers on a data breach that allegedly occurred between November 8 and November 11, 2021. On November 23, 2021, PPEC reported the breach to the Attorney General for the State of New Hampshire. The report stated that 265 New Hampshire residents were impacted,
PPEC also allegedly notified the Attorney General for the State of Maine, where five people were impacted by the data breach. The Complaint alleges that there are a total of 373 putative class members.
On August 4, 2022, PPEC sent a Notice of Security Incident (“NSI”) to Plaintiff's attorney. The NSI provided the following information about the data breach:
A description of the attack and our response follows. The attack occurred in November of 2021. Malware was placed on [PPEC's] system through a bogus email link. A set of documents equaling approximately 76 GB in size was identified for copying to a server in New Zealand. When the copying was discovered and stopped, 46 GB of data had been copied. The server host terminated all access to the data. During the course of the download and prior to its stoppage, data that had been downloaded was potentially accessible.
Standing
Plaintiff initiated this case on February 2, 2024. The Complaint asserts causes of action for negligence; negligent hiring and retention; breach of contract; breach of implied contract; invasion of privacy; publication of private facts; and unjust enrichment. Those allegations support Plaintiff's claim that her information is likely to result in future identity theft or fraud since such theft or fraud was presumably the ultimate purpose of the attack.
Conclusion
Here, the primary cause of the injury is the cyberattack itself. The alleged intervening conduct, however, was PPEC's failure to properly secure and protect the data. The Court found that the allegations of security failures brought against PPEC are sufficient to meet the causation requirement for standing. In sum, Plaintiff has met her burden of showing a concrete injury in fact that is actual or imminent, is fairly traceable to Primmer Piper Eggleston & Cramer’s alleged actions.
U.S. District Court District of Vermont (Burlington) CIVIL DOCKET FOR CASE #: 2:24-cv-00113-wks
Kurn Hattin Worker Sues for Sex Harassment
'He wanted her to participate in certain sex acts with him'
A former female employee is suing New England Kurn Hattin Homes and two male employees for sexual harassment. In a suit in Windham Superior Court, Susan M. Daniels Of Keene, N.H., alleges that Gordon B. Dansereau harassed her when she refused to have sexual relations with him last year while they were both working at the Westminster residential school and that school officials failed to intervene after she complained.
Dansereau denies the allegations and he and his wife, Kimberly, have countersued. saying Daniels' suit has caused them emotional and marital discord. Dansereau still works at Kurn Hattin and lives on campus with his family, said his attorney, Thomas C. Costello of Brattleboro.
Daniels. who worked as a houseparent at Kurn Hattin. maintains that Dansereau began telephoning her in April, asking her to go swimming with him in the school, where he was director, which he and the school deny. She declined his invitations, according to the suit. Daniels, represented in the suit by Gwendolyn W. Harris of Brattleboro, had been working at Kurn Hattin for about eight months at the time.
Then, late one evening in June. Dansereau came to Daniels' apartment to discuss the situation. Daniels alleges that Dansereau told her he had drunk a case of beer that day, which Dansereau denies in his response. She offered him a beer, which he accepted
During the conversation. Dansereau told Daniels he wanted to have sex with her and he wanted her to participate in certain sex acts with him, Daniels’ suit alleges that Dansereau told Daniels that another houseparent also needed to have sex. Daniels told Dansereau to leave her apartment and to stop telephoning her. But he didn't, according to Daniels, though she refused to answer his calls.
About 10 days later. Daniels received a list of “approved swimmers," those who had passed a swimming test given by Dansereau and could use the pool, she alleges. Her name was not on the list, meaning she could not take her students swimming there. Daniels had passed a swimming test the summer before administered by Dansereau’s brother, Jamie Dansereau, she wrote, and should have included as an approved swimmer.
Eventually, her name was put on the list. Dansereau also retaliated against Daniels in other ways after she refused to have sex with him. she wrote. He told her he had keys to all the school buildings; Daniels feared for her safety and barricaded her windows and doors, according to the suit.
Kurn Hattin is very fortunate to have over one hundred volunteers and holds its volunteers in high esteem. Volunteering is quite often the high point of the volunteers’ day. Every year, the volunteers are recognized at a special dinner in their honor. Kurn Hattin is so fortunate to have so many kind, generous, and dedicated volunteers. In addition to their commitment to deserving children, they are excellent role models of community service. They are truly an integral part of Kurn Hattin. Hats off to all of you who volunteer at Kurn Hattin Homes. To ... Gordon Dansereau, ... we can't thank you enough!
In addition. Daniels' supervisor, Laura McHale, told Daniels that Dansereau had told a school official that Daniels "had men coming and going from her apartment at all hours and that another female houseparent also had male guests at all hours," the suit alleges. That school official was Christopher Barry, the deputy executive director, who is also named as a defendant in the Daniels' suit.
Furthermore, Dansereau yelled at Daniels. both on the telephone and in front of students and other employees. she alleges. About that time, Daniels noticed that the metal door to the locked pen in which she kept her dogs had been bent and her dogs had escaped. That had never before happened during her tenure at Kurn Hattin. according to the suit. ... Gordon Dansereau - Athletic Director Fall Mountain Regional High School