APRIL L. HOLLINGSWORTH (Bar No.

9391)
KATIE PANZER (Bar No. 16919)
HOLLINGSWORTH LAW OFFICE, LLC
1881 South 1100 East
Salt Lake City, Utah 84105
Telephone: (801)415-9909
Facsimile: (801) 303-7324
april@aprilhollingsworthlaw.com
katie@aprilhollingsworthlaw.com

GLORIA ALLRED (CA Bar No. 65033)

MARCUS SPIEGEL (CA Bar No. 233146)
ALLRED, MAROKO & GOLDBERG
6300 Wilshire Boulevard, Suite 1500
Los Angeles, CA 90048
Telephone: (323) 653-6530
Facsimile: (323) 653-1660
GAllred@amglaw.com
mspiegel@amglaw.com
(Pro Hac Vice Admission Pending)

Attorneys for Plaintiff

IN THE SIXTH JUDICIAL COURT,

GARFIELD COUNTY, STATE OF UTAH

HANNAH ARCHULETA,
COMPLAINT
Plaintiff, (Jury Demand)
vs. Case No.
TURN-ABOUT RANCH, a
corporation, Judge
Defendant.

Plaintiff Hannah Archuleta, hereby complains and alleges against Defendant, Turn-

About Ranch (“Turn-About” or “the Ranch”), as follows:

 NATURE OF THE CASE

1. Ms. Archuleta is a former student of Defendant and was a minor at the time she

was entrusted to its care. Defendant allowed a male staff member to sexually assault Ms.

Archuleta on multiple occasions and took no remedial action after Ms. Archuleta reported the

sexual assaults. Instead, Defendant retaliated against Ms. Archuleta by subjecting her to both

physical and emotional abuse to silence her. Defendant was negligent in hiring, retaining, and

supervising the staff member who assaulted Ms. Archuleta and is vicariously liable for the staff

member’s assaults and batteries. Additionally, Defendant’s retaliation against Ms. Archuleta for

reporting the sexual assaults constitutes intentional infliction of emotional distress.

PARTIES

2. Ms. Archuleta is an individual residing in El Paso County, Colorado.

3. Turn-About Ranch is a corporation doing business in Garfield County, Utah and

was responsible for Ms. Archuleta at all relevant times.

JURISDICTION AND VENUE

4. The conduct at issue in this Complaint took place in Escalante, Utah.

5. This Court has jurisdiction over the parties and subject matter of this action

pursuant to Utah Code Ann. § 78(B)-3-205.

6. Venue in this action is proper in this Court pursuant to Utah Code § 78(B)-3-307.

GENERAL FACTUAL ALLEGATIONS

7. Hannah Archuleta was a minor when, in the wake of appearing on the Dr. Phil

Show, and at Dr. Phil’s recommendation, her parents entrusted her to the care of Turn-About

Ranch, a medical and educational facility for troubled teens. There, an adult male staff member

(“Male Staff Member”) sexually assaulted Ms. Archuleta multiple times. To make matters

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worse, Turn-About’s Management took no remedial action after Ms. Archuleta reported being

sexually assaulted. Instead, Turn-About retaliated by subjecting Ms. Archuleta to an appalling

array of physical and emotional degradations to silence her.

8. On or about October 22, 2019, an employee of the Dr. Phil Show hired and

arranged to have Ms. Archuleta transported to the Turn-About Ranch by Safe Interventions. At

the time, Ms. Archuleta was seventeen years old.

9. During the period Ms. Archuleta was in the custody, care, and control of Turn-

About Ranch, a Ranch employee, the Male Staff Member, sexually assaulted her twice.

10. Turn-About hired, and approved, designated, controlled and/or supervised

the Male Staff Member at all times relevant to this Complaint.

11. The Male Staff Member’s first sexual assault of Ms. Archuleta occurred

approximately a week and a half after she arrived at Turn-About. Ms. Archuleta was alone in the

kitchen at a building known as “Roundy.” The Male Staff Member walked up behind her, and

without warning or even words, grabbed Ms. Archuleta’s buttocks. Ms. Archuleta was shocked

and scared. She spun around. The Male Staff Member was nonchalant and acted like nothing

happened. Ms. Archuleta was paralyzed with fear. She was a minor, she had recently arrived, and

she carried the heavy stigma of her “patient” status. The Male Staff Member, by contrast, was

not only a grown man, but was in a position of authority over her as a Turn-About staff. As an

adult with control over Ms. Archuleta, he made her feel powerless.

12. From that point forward, when the Male Staff Member was in proximity to her,

Ms. Archuleta was seized by fear and dread.

13. No doubt aware of her helplessness, the Male Staff Member sexually assaulted

Ms. Archuleta again, in or about late November or early December 2019. His assault occurred in

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the kitchen of the building known as the “Barn.” As Ms. Archuleta was reaching up into the

cabinet area for dishes, the Male Staff Member aggressively slipped his hand under her buttocks

and touched her vaginal area. He squeezed her vagina and buttocks crack. Ms. Archuleta was

terrified and wheeled around in order to stop the battery. The Male Staff Member casually

walked away, again seemingly untroubled by any fear that there would be consequences for his

sexual assault.

Ms. Archuleta Reports the Male Staff Member’s Sexual Assaults to Turn-About
Staff and Management, Including to the Ranch Director.

14. Within approximately 24 hours of the Male Staff Member’s second sexual assault

of her, Ms. Archuleta reported the incident to Turn-About staff. In particular, Ms. Archuleta

notified a Residential Coach, a therapist, and a nurse. Ms. Archuleta was instructed to write a

detailed letter describing the Male Staff Member’s assaults, which she was told would be given

to a member of the Ranch’s Management.

15. The Turn-About staff to whom Ms. Archuleta reported the assaults were

skeptical and dismissive of her allegations. For instance, the Residential Coach responded that

Ms. Archuleta was lying “because you’re crying so much” about what happened, adding, “only

liars cry.” Turn-About staff shamed and humiliated Ms. Archuleta for expressing emotion at

having been sexually assaulted.

16. Despite the shame and humiliation, as well as fear of retaliation, Ms. Archuleta

nonetheless wrote the letter that described the Male Staff Member’s assaults. She provided it to a

member of the Ranch’s Management in person, together with a detailed oral account of the Male

Staff Member’s predatory behavior. The member of the Ranch’s Management responded with

similar skepticism.

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Turn-About Staff Takes No Remedial Action and Instead Retaliates Against Ms. Archuleta
for Reporting the Male Staff Member’s Sexual Assaults.

17. Turn-About failed to take prompt, remedial steps to protect Ms. Archuleta and
other female minors in the Ranch’s care and custody from further sexual harassment, sexual
abuse, and/or physical abuse by the Male Staff Member.
18. Turn-About took no meaningful disciplinary action with respect to the Male Staff
Member. He remained employed on the Turn-About premises, where Ms. Archuleta encountered
him on multiple occasions. Fearing the Male Staff Member would assault her again, these

continued encounters caused Ms. Archuleta significant stress and anxiety.

19. Despite his gross misconduct, Turn-About allowed the Male Staff Member to
engage in one-on-one interactions with female minors. Turn-About knew or should have known
that the Male Staff Member was unfit to be a staff member with access to minor girls.
Nonetheless, Turn-About failed to properly supervise the Male Staff Member and gave him
unfettered access to Ms. Archuleta and other minor female girls entrusted to its custody and care.
Turn-About knew, approved of, and/or provided permission to the Male Staff Member, as part of
his regular job duties, to interact with minor females at, and on behalf of, the Ranch.
20. Ms. Archuleta’s fears of retaliation were well founded. Turn-About punished Ms.
Archuleta for reporting the Male Staff Member’s sexual assaults. The retaliatory actions the
Ranch took in the wake of Ms. Archuleta’s complaint include, but are not limited to:
a. Giving Ms. Archuleta additional “reflection” time, which consisted of picking
up horse manure for hours, walking in circles around a horse coral for hours,
and/or being placed at a desk facing a wall for hours.
b. Assigning Ms. Archuleta additional forced walks in the Ranch corral, up to six
or more hours a day.
c. Screaming at Ms. Archuleta for reading a poster that explained how to file a
complaint.
d. Refusing Ms. Archuleta access to the bathroom.

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 e. Forcing Ms. Archuleta to sleep on a wooden plank with no pillow.
f. Giving Ms. Archuleta additional forced labor in extreme temperatures, and
leaving her outside in below-freezing temperatures.
g. Verbally abusing Ms. Archuleta, including by telling her that she was stupid,
fat, a bad person, manipulative, weak, pathetic, pretending to have anxiety,
etc.
h. Publicly humiliating Ms. Archuleta, including criticizing, degrading, and
embarrassing her in group meetings.
i. Threatening Ms. Archuleta with physical violence.
j. Depriving Ms. Archuleta of sleep.
21. Around the same time Ms. Archuleta made her complaint regarding the Male

Staff Member, another minor also reported being sexually assaulted by the Male Staff Member.
22. Turn-About staff also subjected this minor to similar retaliation to which it
subjected Ms. Archuleta, and forbade Ms. Archuleta and the other minor victim from what it
termed “gossiping” about the Male Staff Member.
23. Even after these reports and complaints, Turn-About allowed the Male Staff
Member to remain at the Ranch, thereby enabling him access to other female minor wards of the
Ranch.

24. As a staff member at Turn-About, Defendant placed the Male Staff Member in
direct contact with patients/students, almost all of whom were minors, at all relevant times. It is
under these circumstances that Ms. Archuleta came into contact with the Male Staff Member,
who used his position of authority and trust over Ms. Archuleta to take advantage of her young
age and vulnerability so that he could sexually harass, molest, and abuse her as described herein.
25. By hiring the Male Staff Member to serve as Staff to educate, advise, and/or
mentor minor female children, Turn-About held the Male Staff Member out to the public,
including Ms. Archuleta and their families, to be of high ethical and moral repute, and to be in
good standing with Defendant and the public. Inherent in these representations was the

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understanding that the Male Staff Member was selected to educate, lead, guide, mentor, and
counsel minors such as Ms. Archuleta. Ms. Archuleta and her family reasonably assumed that
the Male Staff Member was worthy of their trust. As a result, the Male Staff Member was put in
a position to supervise, mentor, and counsel minor female students at Turn-About, including Ms.
Archuleta.
26. At all times material hereto, Turn-About employed the Male Staff Member as a
Staff member. In such capacity, the Male Staff Member was under the direct supervision,
employ, agency, and control of the Ranch. His employment duties and responsibilities with
Turn-About included, in part and on information and belief, providing for the supervision,
education, and well-being of patients/students of the Ranch and other minors at Turn-About,
including Ms. Archuleta.

27. As a student at Turn-About, where the Male Staff Member was employed and
worked, Ms. Archuleta was under the Male Staff Member’s direct supervision, care, and control,
thus, creating a special relationship, fiduciary relationship, and confidential relationship with
Defendant. Additionally, as minor children under the custody, care and control of Defendant,
Defendant stood in loco parentis with respect to Ms. Archuleta while she was attending school-
related functions at Turn-About. As responsible parties and employers controlling the Male Staff
Member, Defendant was in a special relationship with Ms. Archuleta and owed special duties to

Ms. Archuleta.
28. On information and belief, prior to and during Ms. Archuleta’s enrollment at
Turn-About in 2019, Defendant knew or should have known that the Male Staff Member posed
an unreasonable risk of sexually inappropriate conduct (i.e. sexual abuse, sexual exploitation,
and inappropriate sexual relationships, etc.) towards minor females to whom he had access
through his employment or otherwise. Defendant knew or should have known that the Male Staff
Member would use his position of authority and trust acting on behalf of Defendant to gain
access to children, including Ms. Archuleta, on the Ranch’s facilities and grounds, which
allowed him to sexually abuse minor females, including Ms. Archuleta.

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 29. Despite the awareness of Turn-About of the danger of sexual assault, sexual
battery, sexual advances, or any other sexually inappropriate conduct that the Male Staff
Member posed towards minor females he encountered through his employment, Turn-About
failed to take adequate steps to protect Ms. Archuleta and other female students from harm.
Turn-About failed to supervise or monitor the Male Staff Member, limit his contact with minor
female students, warn female students or parents of the danger posed by the Male Staff Member,
and otherwise failed to act reasonably to prevent the Male Staff Member from sexually
assaulting or engaging in sexually inappropriate behavior towards female students.
30. Defendant also implemented various measures which made the Male Staff
Member’s conduct harder to detect including:
a. Permitting the Male Staff Member to remain in a position of authority and trust

after Defendant knew or should have known he sexually harassed and/or sexually
abused female minors;
b. Placing the Male Staff Member in a separate and secluded environment with
minor children, which allowed him to sexually and physically interact with and
abuse female students such as Ms. Archuleta;
c. Allowing the Male Staff Member to come into contact with minors, including Ms.
Archuleta, without any supervision;

d. Failing to inform law enforcement officials of the fact that Ms. Archuleta and
others were or may have been sexually abused after Defendant knew or should
have known that the Male Staff Member may have sexually abused Ms. Archuleta
or others.
e. Holding out the Male Staff Member to Ms. Archuleta and to the community as
being in good standing and trustworthy; and
f. Failing to take reasonable steps, and to implement reasonable safeguards to
supervise or monitor employees, volunteers, representatives or agents such as the

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 Male Staff Member to avoid acts of unlawful sexual conduct by employees like
the Male Staff Member with students, especially those who were minor children;
31. As a direct and proximate result of Defendant’s unlawful conduct as alleged, Ms.
Archuleta has suffered physical injury, severe emotional distress, humiliation, embarrassment,
mental and emotional distress and anxiety, and economic harm, in an amount to be determined at
trial.
FIRST CAUSE OF ACTION
(Negligent Hiring and Supervision)

32. Ms. Archuleta incorporates the foregoing paragraphs as if fully set forth herein;

33. Defendant owed a duty of to Ms. Archuleta and other female minors in its care to

prevent and protect them from sexual assault, sexual battery, or other sexually inappropriate

contact from staff members, including the Male Staff Member.

34. Defendant knew or should have known that the Male Staff Member posed a threat

of harm to its minor female students, including Ms. Archuleta. Defendant failed to exercise

reasonable care to mitigate the threat of harm to Ms. Archuleta and other female minors

entrusted to its care.

35. Defendant breached its duty of care to Ms. Archuleta by hiring and retaining the

Male Staff Member and allowing him access to female minors in its care, despite knowledge of

the potential threat the Male Staff Member posed.

36. Defendant breached its duty of care to Ms. Archuleta by failing to adequately

supervise the Male Staff Member and prevent him from sexually assaulting or engaging in

inappropriate sexual contact with minor female students.

37. Defendant’s negligent hiring, retention, and supervision of the Male Staff

Member was the direct cause of the Male Staff Member’s sexual assault and sexual battery of

Ms. Archuleta.

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 38. As a result of being sexually assaulted by the Male Staff Member, Ms. Archuleta

has suffered physical injury, severe emotional distress, humiliation, embarrassment, mental and

emotional distress and anxiety, and economic harm.

SECOND CAUSE OF ACTION

(Assault)

39. Ms. Archuleta incorporates the foregoing paragraphs as if fully set forth herein.

40. When the Male Staff Member approached Ms. Archuleta, he intended to cause her

apprehension of an imminent harmful and offensive contact with her person.

41. As a result of the Male Staff Member’s acts, Ms. Archuleta was in fact placed in

apprehension of imminent harmful and offensive contact with her person.

42. In performing the acts alleged above, the Male Staff Member acted with the intent

of making contact with Ms. Archuleta’s person.

43. At no time did Ms. Archuleta consent to any of the acts by the Male Staff

Member alleged herein.

44. In subjecting Ms. Archuleta to unwanted sexual contact, the Male Staff Member

caused an apprehension of imminent harmful and offensive contact in Ms. Archuleta whenever

he was near her.

45. By employing the Male Staff Member, Defendant furnished the impetus for his

assault of Ms. Archuleta and his acts were an outgrowth of his employment. Therefore,

Defendant is vicariously liable for the Male Staff Member’s assault of Ms. Archuleta.

46. As a direct and proximate result of the Male Staff Member’s unlawful conduct,

Ms. Archuleta suffered physical injury, severe emotional distress, humiliation, embarrassment,

mental and emotional distress and anxiety, and economic harm, in an amount to be determined at

trial.

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 47. The conduct of the Male Staff Member in committing acts of sexual assault

against Ms. Archuleta was willful and malicious and manifested a knowing and reckless

indifference toward, and disregard of her rights, and thus Ms. Archuleta is entitled to punitive

damages.

THIRD CAUSE OF ACTION

(Battery)

48. Ms. Archuleta incorporates the foregoing paragraphs as if fully set forth herein.

49. In performing the acts described above, the Male Staff Member acted with the

intent to make a harmful and offensive contact with Ms. Archuleta’s person.

50. As described above, the Male Staff Member did in fact make a harmful and

offensive contact with Ms. Archuleta’s person.

51. Ms. Archuleta found the Male Staff Member’s contact to be offensive.

52. Because of The Male Staff Member’s position of authority over Ms. Archuleta,

and by virtue of her age, Ms. Archuleta could not and did not consent to such acts.

53. As a result of the Male Staff Member’s conduct, Ms. Archuleta was physically

harmed and experienced offensive contact with her person.

54. By employing the Male Staff Member, Defendant furnished the impetus for his

battery of Ms. Archuleta and his acts were an outgrowth of his employment. Therefore,

Defendant is vicariously liable for the Male Staff Member’s battery of Ms. Archuleta.

55. As a direct and proximate result of the Male Staff Member’s unlawful conduct,

Ms. Archuleta suffered physical injury, severe emotional distress, humiliation, embarrassment,

mental and emotional distress and anxiety, and economic harm, in an amount to be determined at

trial.

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 56. The conduct of the Male Staff Member in committing acts of sexual battery

against Ms. Archuleta was willful and malicious and manifested a knowing and reckless

indifference toward, and disregard of her rights, and thus Ms. Archuleta is entitled to punitive

damages.

FOURTH CAUSE OF ACTION

(Intentional Infliction of Emotional Distress)

57. Ms. Archuleta incorporates the foregoing paragraphs as if fully set forth herein.

58. In subjecting Ms. Archuleta to sexual assault and battery, the Male Staff Member

intentionally and recklessly engaged in intolerable and outrageous conduct that caused Ms.

Archuleta severe emotional distress.

59. Any reasonable person would have known that taking such action would cause

severe emotional distress.

60. By employing the Male Staff Member, Defendant furnished the impetus for his

intentional infliction of emotional distress on Ms. Archuleta and his acts were an outgrowth of

his employment. Therefore, Defendant is vicariously liable for the Male Staff Member’s actions.

61. As described above, Defendant intentionally and recklessly engaged in retaliatory

actions toward Ms. Archuleta that were intolerable and outrageous, and caused her severe

emotional distress.

62. Any reasonable person would have known that taking such action—especially

towards a minor victim of sexual assault—would cause severe emotional distress.

63. The Male Staff Member’s and Defendant’s conduct was willful and malicious and

manifested a knowing and reckless indifference toward, and disregard of, Ms. Archuleta’s

interests and rights. Therefore, Ms. Archuleta is entitled to punitive damages.

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 64. As a direct and proximate cause of the intentional infliction of emotional distress,

Ms. Archuleta has suffered damages and is entitled to recover damages in an amount to be

proven at trial.

JURY DEMAND

Ms. Archuleta requests that this matter be tried before a jury.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:

1. For compensatory damages;

2. For consequential damages;

3. For appropriate injunctive relief;

4. For punitive damages;

5. For all costs of litigation and attorneys’ fees;

6. For pre-judgment and post-judgment interest at the highest lawful rate; and

7. For such other further and additional relief the Court deems just and proper.

DATED this 24 day of February, 2021.

HOLLINGSWORTH LAW OFFICE, LLC

/s/ April L. Hollingsworth

April L. Hollingsworth
Katie Panzer
Counsel for Plaintiff

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