Scott Ditzenberger Lawsuit

MER-L-001446-21 07/12/2021 4:47:25 PM Pg 1 of 29 Trans ID: LCV20211638620
LEVY BALDANTE FINNEY & RUBENSTEIN, P.C. and

SLATER SLATER SCHULMAN, L.L.P.
BY: John W. Baldante, Esquire
Adam P. Slater, Esquire
Mark R. Cohen, Esquire
89 North Haddon Avenue, Suite D
Haddonfield, NJ 08033
(856) 424-8967
Attorney for Plaintiff
Attorney I.D. 031391983/310072019/025892005
SCOTT DITZENBERGER NEW JERSEY SUPERIOR COURT

LAW DIVISION
Plaintiff MERCER COUNTY
v.
DOCKET NO.: MER-L- -21
EVANGELICAL LUTHERAN CHURCH IN
AMERICA;
NEW JERSEY SYNOD, EVANGELICAL CIVIL ACTION
LUTHERAN CHURCH IN AMERICA;
ST. THOMAS LUTHERAN CHURCH;
ST. THOMAS CHRISTIAN ACADEMY AND COMPLAINT; DEMAND FOR JURY TRIAL;
NURSERY SCHOOL; DESIGNATION OF TRIAL COUNSEL;
DEFENDANT DOE REPRESENTATIVE OF THE CERTIFICATION PURSUANT TO R. 4:5-1
ESTATE OF REV. ROBERT L. SLEGEL,
DECEASED 1-5;
DEFENDANT DOE 1-10;
DEFENDANT DOE INSTITUTION 1-10
Defendants
Plaintiff, Scott Ditzenberger (hereinafter also referred to as Mr. Ditzenberger Scott
and/or Plaintiff ), residing at 4974 ½ Cape May Ave., San Diego, CA 92107, by way of Complaint
against the defendants, Evangelical Lutheran Church in America, New Jersey Synod, Evangelical
Lutheran Church in America, St. Thomas Lutheran Church, St. Thomas Christian Academy and Nursery
School, Defendant Doe Representative of the Estate of Rev. Robert L. Slegel, Deceased 1-5 (hereinafter
also referred to as ,
Defendant Doe 1-10, and Defendant Doe Institution 1-10, say as follows:
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PARTIES AND VENUE
1. Plaintiff, Scott Ditzenberger, is currently a citizen and resident of California, residing at
4974 ½ Cape May Ave., San Diego, CA 92107.
2. At the time of his abuse, plaintiff was a minor and a resident of or near Brick, New
Jersey, and the sexual abuse took place in and/or near Brick Township, New Jersey (Ocean County).
3. Defendant, Evangelical Lutheran Church (ELCA) in America, is a religious organization
with its organization headquarters located at 8765 W. Higgins Road, Chicago, IL 60631. The ELCA is
one of the largest Christian denominations in the United States, with about 4 million members in nearly
10,000 congregations across the United States, Puerto Rico, and the U.S. Virgin Islands.
https://www.elca.org/About
4. Defendant, New Jersey Synod, Evangelical Lutheran Church in America, is a religious
organization that is a geographical grouping of ELCA congregations that share the mission and ministry
of the Church on the New Jersey territory. It is one of 65 synods in the ECLA. The NJ Synod is
compromised of 159 congregations, which include almost 44, 000 baptized members. The organizational
headquarters of the New Jersey Synod, Evangelical Lutheran Church in America is located at 1930 State
Highway 33, Hamilton Square, NJ 08690.
5. Defendant, St. Thomas Lutheran Church, was and is a religious organization located at
135 Salmon Street, Brick, NJ 08723.
6. Defendant, St. Thomas Lutheran Church, was and is a part of defendants, Evangelical
Lutheran Church in America and The New Jersey Synod, Evangelical Lutheran Church in America.
7. Defendant, Rev. Robert Slegel, was the pastor and reverend at St. Thomas Lutheran
Church.
8. Defendant, St. Thomas Christian Academy and Nursery School, was and is a religious
school and/or organization organized under the laws of the State of New Jersey, with a location at or near
135 Salmon Street, Brick, NJ 08723.
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9. Defendant, St. Thomas Christian Academy and Nursery School, was and is a part of
defendants, St. Thomas Lutheran Church, Evangelical Lutheran Church in America, and The New Jersey
Synod, Evangelical Lutheran Church in America.
10. Rev. Slegel held himself out as a pastor, reverend, clergy, and/or served at various
churches/schools in Evangelical Lutheran Church in America, and the New Jersey Synod, Evangelical
Lutheran Church in America, including, but not limited to, St. Thomas Lutheran Church and/or St.
Thomas Christian Academy and Nursery School.
11. Upon information and belief, Rev. Slegel held himself out as a pastor, reverend, clergy
for defendants, Evangelical Lutheran Church in America, the New Jersey Synod, Evangelical Lutheran
Church in America, St. Thomas Lutheran Church, and St. Thomas Christian Academy and Nursery
School in approximately 1982-1984.
12. Individual defendants in the above captioned case identified as Defendant Doe
Representative of the Estate of Rev. Robert L. Slegel, Deceased 1-5 (said names being fictitious, and
the
and/or shall be appointed to serve as a Representative of the Estate of Fr. Robert Slegel, who, at all
relevant times, was a seminarian, priest, clergy, employee, agent, servant, and/or representative ordained,
hired, certified, assigned, retained supervised, managed, overseen, directed, administered, and/or
otherwise controlled by and for one and or more of the Defendants, Evangelical Lutheran Church in
America and/or New Jersey Synod, Evangelical Lutheran Church in America, and/or St. Thomas
Lutheran Church, and/or St. Thomas Christian Academy and Nursery School at or during all relevant
times. These Defendant Doe Institutions were/are vicariously and derivatively liable for the negligent
conduct of the aforementioned defendants under the theories of respondeat superior, master-servant,
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agency, and/or right of control. The identification of these individuals is not known by the plaintiff at this
time in the absence of discovery. Plaintiff reserves the right to substitute the name(s) for those agents
designated as Defendant Representative of the Estate of Rev. Robert Slegel when and if such information
becomes available.
13. Individual defendants in the above caption case identified as Defendant Doe 1-10 (said
names being fictitious, and hereinafter referred
employees and/or agents of the Defendants, Evangelical Lutheran Church in America, New Jersey Synod,
Evangelical Lutheran Church in America, and St. Thomas Lutheran Church, St. Thomas Christian
Academy and Nursery School, involved in the operation of the Church, ELCA, and/or the hiring,
admitting, assigning, retaining, and supervising of pastors, clergy, including defendant, Rev. Robert
Slegel. The identification of these individuals is not known by the plaintiff at this time in the absence of
discovery. Plaintiff reserves the right to substitute the name(s) for those agents designated as Defendant
Doe when and if such information becomes available.
14. Institutional/corporate defendants in the above caption case identified as Defendant Doe
Institution, 1- Defendant Doe Institution
were, at all relevant times, incorporated and/or established associations, corporations, institutions, entities,
facilities, or other religious establishments that employed, hired, certified, assigned, retained, supervised,
managed, oversaw, directed, administrated, and/or otherwise controlled one or more of the defendants at
or during all relevant times. These Defendant Doe Institutions were/are vicariously and derivatively
liable for the negligent conduct of the aforementioned defendants under the theories of respondeat
superior, master-servant, agency, and/or right of control.
15. Defendants, Evangelical Lutheran Church in America, New Jersey Synod, Evangelical
Lutheran Church in America, and St. Thomas Lutheran Church, St. Thomas Christian Academy and
Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, were empowered to supervise and
control all pastors, and/or reverends, and/or clergy within the ELCA, including defendant, Rev. Robert
Slegel.
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Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, had/has access to and knowledge
of information regarding the sexual misconduct of pastor, reverend, clergy, including knowledge of the
widespread pedophilia and/or sexually abusive conduct of individuals within the ECLA, including Rev.
Robert Slegel.
17. At all relevant times, defendants, Evangelical Lutheran Church in America, New Jersey
Synod, Evangelical Lutheran Church in America, and St. Thomas Lutheran Church, St. Thomas Christian
Academy and Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10 in this action were
acting by and through themselves in their individual capacities, and/or additionally by and through their
actual and/or ostensible agents, servants, employees, which include entities and/or individuals over whom
they had control or right of control.
18. At all times material hereto, defendant, Rev. Robert Slegel, was acting as a pastor,
reverend, clergy, employee, agent, servant, representative and/or ostensible agent hired, certified,
assigned, retained, supervised, managed, overseen, directed, administrated, and/or otherwise controlled by
and for one or more of the Defendants, Evangelical Lutheran Church in America, New Jersey Synod,
Academy and Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, and was engaged to
perform services for the Defendants, Evangelical Lutheran Church in America, New Jersey Synod,
Academy and Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, and was subject to
the Defendants, Evangelical Lutheran Church in America, New Jersey Synod, Evangelical Lutheran
Church in America, and St. Thomas Lutheran Church, St. Thomas Christian Academy and Nursery
School, Defendant Doe 1-10, Defendant Doe Institution 1-
direction, control, ostensible control, and/or right to control the physical conduct required to perform such
services.
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19. The defendants, Evangelical Lutheran Church in America, New Jersey Synod,
Evangelical Lutheran Church in America, St. Thomas Lutheran Church, St. Thomas Christian Academy
and Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, were the principals of Rev.
Robert Slegel, and the defendants, Evangelical Lutheran Church in America, New Jersey Synod,
Academy and Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, acted only through
the natural persons who were its pastors, reverends, clergy, employees, agents, servants, representatives,
and/or ostensible agents hired, certified, assigned, retained, supervised, managed, overseen, directed,
administrated, and/or otherwise controlled by and for said defendants.
20. Rev. Robert Slegel acted as the pastor, reverend, clergy, employee, agent, servant,
representative, and/or ostensible agent of the defendants, Evangelical Lutheran Church in America, New
Jersey Synod, Evangelical Lutheran Church in America, St. Thomas Lutheran Church, St. Thomas
Christian Academy and Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, acted
negligently while in the scope of his duties or authority, such that the negligence as a matter of law
charged to the principal, here the defendants, Evangelical Lutheran Church in America, New Jersey
Synod, Evangelical Lutheran Church in America, and St. Thomas Lutheran Church, Defendant Doe 1-10,
Defendant Doe Institution 1-10.
21. At all times material hereto, the defendants, Evangelical Lutheran Church in America,
New Jersey Synod, Evangelical Lutheran Church in America, St. Thomas Lutheran Church, St. Thomas
Christian Academy and Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, are
deemed negligent for the wrongdoing to the same extent as the pastor, reverend, clergy, employee, agent,
servant, representative, and/or ostensible agent, Rev. Robert Slegel.
22. Venue is properly laid in the Superior Court of Mercer County, New Jersey pursuant to
R.4:3-2(a) and/or (b).
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FACTUAL SUMMARY
23. At all times material hereto, Plaintiff, Scott Ditzenberger (DOB: 08/02/1971) was a
minor, and was ten (10) years old in 1982. He and his family resided in Brick Twp., NJ.
24. At all times material hereto, Scott was a parishioner and/or student at St. Thomas
Lutheran Church and St. Thomas Christian Academy and Nursery School in Brick Twp., NJ.
25. At all times material hereto, Scott and his family were members of defendants,
Evangelical Lutheran Church in America, New Jersey Synod, Evangelical Lutheran Church in America,
St. Thomas Lutheran Church, and St. Thomas Christian Academy and Nursery School, and he and his
family were religiously, culturally, and socially involved with and integrated in the activities and teaching
of the St. Thomas Lutheran Church.
26. At all times material hereto, Defendant, Rev. Robert Slegel, was a pastor at defendants,
St. Thomas Lutheran Church, and St. Thomas Christian Academy and Nursery School.
27. Plaintiff, Scott Ditzenberger, was sexually abused by Rev. Slegel, starting when he was
10 years old in 1982, and the sexual abuse continued over a 1 ½ to 2 year period. The sexual abuse
started in the summertime and continued through two school years.
28. At all times material hereto, Rev. Robert Slegel was the pastor at St. Thomas Lutheran
Church and his wife was the principal at St. Thomas Christian Academy and Nursery School. Scott
attended St. Thomas Christian Academy in 6th and 7th grade. The school shared the same campus as St.
29. Scott was first introduced to Rev. Slegel when Rev. Slegel and his adult male friend
wrestling with Scott on the floor. This occurred during the summer season at the funeral home. That
autumn, Scott started attending the church school in September 1982. He had just turned eleven (11)
years old.
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30. Scott went to church service several times per week during the school day, and went with
his parents. After one of the services during the school day in mid to late fall, Rev. Slegel started
requesting Scott to assist him with various chores. Rev. Slegel took Scott to his private office in the main
building, which housed the church, some classrooms, offices, and the gymnasium.
31. Rev. Slegel asked Scott to sit on his lap. Initially, Rev. Slegel was very relatable and
very easy with which to talk. He played games with Scott at his desk. One game was a numbers game,
and he would draw a number from 1 to 10 and he could turn any of the numbers into a cartoonish
character. The Reverend also had novelty coins he showed to Scott, and he would draw and talk to Scott
during these office visits. He also gave Scott pennies (small fake pennies much smaller than a real
penny) that he called
32. As Scott played games with Rev. Slegel at the desk, Rev. Slegel customarily started to
er his clothing. Customarily, the sexual abuse of Rev.
Slegel occurred in his office with Scott sitting on his lap. Reverend Slegel fondled and masturbated
buttocks.
Scott was also an altar boy at the church. Before or after a church services and during off hours, Rev.
Slegel would also request Scott come to his office where the same type and manner of sexual abuse
identified above took place.
33. Toward the later months of the sexual abuse, as Scott become more aware of the sexual
abuse he was suffering and tried to prevent Rev. Slegel from fondling and masturbating his penis and
testicles, Rev. Slegel started habitually to tell Scott that he reminded Rev. Slegel of a boy who went
missing or was dead. Scott took this comparison as a threat, and considered it a warning that if Scott said
anything about the sexual abuse he was suffering, he would also go missing or be found dead as well.
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34. There was a planned school trip during 7th grade to Colonial Williamsburg, Virginia with
about twenty students. Rev. Slegel was supposed to lead a group of adults to oversee the students on this
trip. However, Rev. Slegel backed out at the last minute and did not chaperone the trip. Eventually,
this time started to circulate about a concerned parent having called the school and indicating that if Rev.
Slegel was allowed to accompany the children on this trip, this concerned parent would expose Rev.
Slegel as a homosexual or pedophile. The rumor was that Rev. Slegel had recently been arrested in an
Ocean County Park dressed as a woman. After the 7th grade school trip, Rev. Slegel did not sexually
abuse Scott.
35. The sexual abuse of Scott by Rev. Robert Slegel occurred approximately on a weekly
basis over 1½ to 2 school years, approximately eighty (80) times, in the type and manner of sexual abuse
described above.
36. These interactions with Rev. Slegel were the first sexual experiences of Scott
Ditzenberger's life namely, being fondled and masturbated by his pastor while the pastor was becoming
sexual aroused and gratified by abusing Scott.
37. As a result of the sexual abuse Scott Ditzenberger sustained from Rev. Robert Slegel,
Scott developed depression, anxiety, feelings of worthlessness, shame, and anger issues.
38. Plaintiff was sexually abused by Rev. Slegel, occurred approximately on a weekly basis
over the course of 1 ½ to 2 years, approximately 80 times in the type and manner of sexual abuse
outlined above.
39. It is further believed that plaintiff was abused in additional ways and/or on additional
occasions, but has emotionally suppressed partially and/or in whole these additional details and/or
episodes of abuse.
40. Rev. Robert Slegel engaged in a calculated series of manipulation and grooming of
a parishioner as described and outlined above.
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41. Defendant, Rev. Robert Slegel, in his reverend, pastor, clergy, and agent of defendants,
St. Thomas Lutheran Church, and St. Thomas Christian Academy and Nursery School abused and
sexually molested plaintiff, Scott Ditzenberger, while Scott was a minor during the time period described
above.
42. During his tenure as a reverend, pastor, clergy, employee, agent, servant, representative
and/or ostensible agent hired, certified, assigned, retained, supervised, managed, overseen, directed,
administrated, and/or otherwise controlled by and for one or more of the defendants, Evangelical
Lutheran Church in America, New Jersey Synod, Evangelical Lutheran Church in America, St. Thomas
Lutheran Church, and St. Thomas Christian Academy and Nursery School, Defendant Doe 1-10, and
Defendant Doe Institution 1-10, Rev. Robert Slegel, was a serial molester and sexual abuser of children,
including plaintiff, Scott Ditzenberger.
43. Defendant, Rev. Robert Slegel, committed his acts of sexual abuse and molestation
against plaintiff, Scott Ditzenberger, in and around Brick, New Jersey, as well as other locations.
44. Rev. Robert Slegel sexual abuse of plaintiff gradually increased in frequency and
intensity over time and included, but was not limited to, being fondled and masturbated by his pastor
while the pastor was becoming sexual aroused and gratified by abusing Scott.
45. At all material times hereto, defendants, Evangelical Lutheran Church in America, New
Christian Academy and Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, knew or
should have known that Rev. Robert Slegel sexually abused children and/or was not fit to serve as a
pastor, reverend, clergy, employee, agent, servant, representative and/or ostensible agent.
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Christian Academy and Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, knew or
should have known that Rev. Robert Slegel had been and/or was abusing plaintiff and/or other children at
St. Thomas Lutheran Church, St. Thomas Christian Academy and Nursery School, and other locations
visited by and/or related to church or religious activities, events, and/or duties.
Jersey Synod, Evangelical Lutheran Church in America, and St. Thomas Lutheran Church, St. Thomas
Christian Academy and Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, took no
action and/or or failed to timely and adequately take action to warn or otherwise protect children of
St. Thomas Lutheran Church, St. Thomas Christian Academy and Nursery School, Defendant Doe 1-10,
Defendant Doe Institution 1-10, including plaintiff, from defendants, Rev. Robert Slegel.
48. At all times material hereto, as a result of the sexual abuse of Scott by Rev. Robert
Slegel, Scott felt enormous shame, humiliation, embarrassment, and self-loathing, and was extremely
confused and conflicted about the role of sex, love, and intimacy in his life.
49. At all times material hereto, as a result of the sexual abuse of Scott by Rev. Robert
Slegel, Scott has suffered from extreme difficultly navigating intimate relationships, and he has
experienced and continues to experience bouts of anger, difficulties when involved in relationships with
women and attempting to be intimate in the context of these relationships with women, and drug and
alcohol abuse.
50. As a result of the sexual abuse set forth above, Plaintiff suffered great permanent harm,
including but not limited to, the following: severe emotional distress, extreme trauma, depression,
anxiety, post-traumatic stress disorder, suicidal thoughts, humiliation, embarrassment, fear, shame,
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emotional dissociation, and/or loss of self-esteem and self-worth, all of which has and/or will continue to
require counseling, therapy, and/or other treatment.
51. Also, as a result of the sexual abuse set forth above and its consequential trauma and
harm, Plaintiff has suffered a severe impairment and disruption of his enjoyment of life, identity, intimacy
with loved ones, sexuality, and/or belief structure, including, but not limited to, the impairment and
disruption of his relationship with members of his family, friends, acquaintances, and/or others.
harm, the Plaintiff suffered from destructive and dysfunctional behaviors, including, but not limited to,
addictions (i.e. alcohol and/or drugs) and/or other mental health issues, all of which have required and/or
will require counseling, therapy, and/or other treatment.
harm, the Plaintiff has incurred significant past loss of wages and future loss of earning capacity to his
permanent detriment.
54. , religious beliefs, and religious upbringing, together with the power
imbalance and authoritative inequity between the plaintiff and defendants, created a culture and social
dynamic that weakened ability to resist Rev. Slegel and/or other defendants, especially given
the cultural religious status with which and pedestal upon which defendant, Rev. Robert Slegel and/or
other defendants, Evangelical Lutheran Church in America, New Jersey Synod, Evangelical Lutheran
Church in America, and St. Thomas Lutheran Church, Defendant Doe 1-10, Defendant Doe Institution 1-
10, were self-appointed, assumed and held as a pastor, reverend, clergy, community leaders, and/or
religious institution, including the claimed and purported moral authority and superiority exerted and
associated with that status.
55. The sexual abuse set forth above and its consequential trauma and harm, in turn, caused
plaintiff to suppress and/or emotionally dissociate his feelings about his traumatic experience(s), thereby
exacerbating its devastating psychological, physical, and social consequences.
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56. Plaintiff was not fully aware of the causal relationship between the sexual abuse set forth
above, and its consequential trauma and harm, until recently, and continues to endure and/or discover
trauma and harm relative to the sexual abuse at the present time, which inflictions of trauma and harm
shall and will continue in the future.
57. Other victims declarations and/or revelations of their experiences with sexual abuse and
corresponding damages caused by such abuse prompted Plaintiff to realize he is not alone, and to
acknowledge, address, and/or discover the connection between his abuse and his corresponding emotional
distress, social dysfunction and/or other damages and to speak out concerning same.
58. Now, in conformity with N.J. Stat. Section 2A:14-2a, Statute of Limitations for Action at
Law resulting from Certain Sexual Crimes [Effective December 1, 2019], plaintiff brings the within
action for damages.
59. As alleged in greater detail herein above and/or
damages were caused by the culpable acts and/or omissions of defendants.
60. As set forth more fully herein, the negligence, gross negligence, recklessness, and/or
punitive behavior of the defendants, jointly and severally, was a direct and proximate cause of harm and
damages to plaintiff.
61. injuries and/or damages were caused solely by the negligence, gross
negligence, recklessness, and/or punitive behavior of the defendants, as set forth more fully herein, and
were not caused or contributed thereto by any negligence, gross negligence, recklessness and/or punitive
behavior on the part of the Plaintiff.
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COUNT I NEGLIGENCE
Plaintiff, Scott Ditzenberger

v.
Defendants, Evangelical Lutheran Church in America,
New Jersey Synod, Evangelical Lutheran Church in America,
St. Thomas Lutheran Church,
St. Thomas Christian Academy and Nursery School,
Defendant Doe Representative of the Estate of Rev. Robert Slegel, deceased 1-5,
Defendant Doe 1-10, and Defendant Doe Institutions 1-10
62. The previous paragraphs set forth above are incorporated herein by reference.
63. The recklessness, negligence and/or carelessness of Defendants, Evangelical Lutheran
Church in America, New Jersey Synod, Evangelical Lutheran Church in America, St. Thomas Lutheran
Church, St. Thomas Christian Academy and Nursery School, Defendant Doe 1-10, Defendant Doe
Institution 1-10, by and through their actual or apparent clergy, employees, agents, servants,
representatives, and/or ostensible agents hired, certified, assigned, retained, supervised, managed,
overseen, directed, administrated, and/or otherwise controlled by and for said defendants, consisted of,
among other things, the following:
a. Failing to properly screen pastors, reverends, clergy, employees, agents, servants,

representatives, and ostensible agents adequately before placing them in close contact
with children;
b. Failure to properly investigate complaints of sexual abuse, inappropriate behavior

and/or other abusive behavior;
c. Providing abusive individuals

inappropriate/abusive misconduct by applying euphemistic and false designations to
and/or contrived and imagined explanations for their conduct and/or the reasons for
transfers;
d. Minimizing, ignoring or excusing inappropriate or questionable behavior and/or

misconduct by pastors, reverends, clergy, employees, agents, servants, representatives,
and ostensible agents over a period of months, years and/or decades;
e. Failure to properly and/or adequately warn parishioners, parents, children, community

members, and/or the public at large, including, but not limited to, plaintiff and
similarly situated children, and their parents and/or family members, regarding the
inappropriate behavior and/or misconduct of Rev. Robert Slegel, other defendants,
and/or other abusive pastors, reverends, clergy, employees, agents, servants,
representatives, and/or ostensible agents, despite knowledge of the dangers they
presented and the harmful and complicit culture and environment created by such
failures to warn;
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f. Assigning pastors, reverends, clergy, employees, agents, servants, representatives,

and/or ostensible agents known to have engaged in questionable and/or inappropriate
behavior or misconduct and/or known to be pedophiles and/or sexual predators,
including but not limited to, Rev. Robert Slegel and/or other defendants, to a position
within the church where said individual(s) had/have regular contact with children;
g. Failure to report criminal activity, including child abuse, to appropriate law

enforcement agencies;
h. Negligent failure to provide a safe environment and protective culture to children and
other parishioners within the churches, sacristies, schools, rectories, and/or other
external locations operated, visited, and/or owned by defendants, Evangelical
Lutheran Church in America, New Jersey Synod, Evangelical Lutheran Church in
America, and St. Thomas Lutheran Church, Rev. Robert Slegel, Defendant Doe 1-10,
Defendant Doe Institution 1-10;
i. Failure to implement and maintain proper and effective policies and procedures to
prevent sexual abuse of and/or other abusive behavior toward children;
j. Negligently maintaining custody, supervision and protection of children placed in

their care by virtue of their religious authority and solicitation of minors to participate
as altar servers or in other youth related programs and/or activities;
k. Failure to properly train ECLA, Church, Ministry, and/or other Religious Order,
pastors, reverends, clergy, employees, agents, servants, representatives, and/or
ostensible agents to identify signs of child molestation or inappropriate sexually
related behavior to children by fellow employees, associates, and/or individuals within
its control, oversight, supervision, and/or ostensible control;
l. Negligent reliance on persons who claimed they could treat child molesters and/or
sexually abusive individuals;
m. Negligent retention of and/or failure to terminate Rev. Robert Slegel, other defendants,
and/or other sexually inappropriate and/or abusive individuals from or associated with
the ELCA, Church, Ministry, and/or Religious Order, promoting a culture and
environment of complicity, denial and deception regarding child abuse within the
ELCA, Church, and/or Ministry;
n. Failure to exercise due care under the relevant circumstances;
o. Recklessly, negligently and/or carelessly failing to observe, manage, direct, oversee,

and supervise the relationship between Plaintiff, Scott Ditzenberger and Rev. Robert
Slegel;
p. Recklessly, negligently and/or carelessly failing to have proper and effective policies
and procedures to require adequate observation, management, oversight, and
supervision of the relationship between Scott Ditzenberger and Rev. Robert Slegel
and/or other defendants;
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q. Recklessly, negligently and/or carelessly failing to recognize Rev. Robert Slegel

conduct and behavior prior to the events in question and/or as described herein as
creating a risk of sexual abuse toward children, including, but not limited to, Scott
Ditzenberger;
r. Recklessly, negligently and/or carelessly failing to have proper policies and

procedures to require adequate observation, management, oversight, and supervision
of Scott Ditzenberger and Rev. Robert Slegel and/or other defendants;
s. Failing to investigate complaints that Rev. Robert Slegel was behaving inappropriately
and/or touching children inappropriately, including, but not limited to, Scott
Ditzenberger;
t. Recklessly, negligently and/or carelessly failing to identify Rev. Robert Slegel as a

sexual abuser;
u. Recklessly, negligently and/or carelessly failing to investigate behavior of Rev. Robert

Slegel that put the defendants on notice and/or should have placed defendants on
notice that Rev. Robert Slegel was and/or might have been a potential pedophile
and/or sexual predator;
v. Recklessly, negligently and/or carelessly failing to identify Rev. Robert Slegel was a
potential pedophile and/or sexual predator;
w. Failure to use due care under the circumstances; and/or
x. Negligence as may be proven from facts now exclusively in the possession of

defendants, which may be ascertained after the filing of this Complaint.
School, Defendant Doe Representative of the Estate of Rev. Robert Slegel, deceased 1-5, Defendant Doe
1-10, Defendant Doe Institution 1-10, were negligent under the facts as detailed within this complaint in
that these defendants failed to use that degree of care, precaution and vigilance which a reasonably
prudent person or entity would use under the same or similar circumstances, including, but not limited to,
the negligent affirmative acts detailed in this complaint which a reasonably prudent person or entity
would not have done, and also the negligent omission or failure to act and/or take precautions as detailed
in this complaint which a reasonably prudent person or entity would have done or taken under these
circumstances.
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65. Rev. Robert Slegel
these actions violated a provision of New Jersey Statute, known as the Child Sexual Abuse Act
-1, et al., which statute sets up a standard of conduct that Rev. Robert Slegel
violated per se.
Lutheran Church in America, and St. Thomas Lutheran Church, Defendant Doe Representative of the
Estate of Rev. Robert Slegel, deceased 1-5, Defendant Doe 1-10, Defendant Doe Institution 1-10, are
vicariously liable for both the negligent and intentional acts of Rev. Robert Slegel, their employee, under
the CSAA, which recognizes the vulnerability of children and demonstrates a legislative intent to protect
said children from victimization, and imposes responsibility upon those individuals and institutions in the
best position to know of and stop the abuse to said children, such as the defendants herein.
WHEREFORE, Plaintiff, Scott Ditzenberger, demands judgment against defendants,
St. Thomas Lutheran Church, St. Thomas Christian Academy and Nursery School, Defendant Doe
Representative of the Estate of Rev. Robert Slegel, deceased 1-5, Defendant Doe 1-10, Defendant Doe
Institution 1-10, jointly and severally, in an amount in excess of Fifty Million Dollars ($50,000,000.00),
exclusive of prejudgment interest, costs and damages for pre-judgment delay, and such other legal and
equitable relief as the Court deems appropriate.
17
COUNT II NEGLIGENT SUPERVISION

v.
1-10, Defendant Doe Institution 1-10, knew or should have known of the need to properly and effectively
observe, manage, direct, oversee, and/or supervise clergy, employees, agents, servants, representatives,
and/or ostensible agents in their relationships with young children.
School, knew or should have known of the particular risk posed by Rev. Robert Slegel based on, among
other things, his inappropriate and/or questionable conduct, his history of sexually abusing children,
and/or his behavior indicative of an intent to isolate, groom, and/or facilitate sexually contacting and/or
abusing a young minor child, including Rev. Robert Slegel being fondled and
masturbated by his pastor while the pastor was becoming sexual aroused and gratified by abusing Scott.
70. Rev. Robert Slegel sexual abuse of plaintiff gradually increased in frequency and
intensity over time and included, but was not limited to, being fondled and masturbated by his pastor
while the pastor was becoming sexual aroused and gratified by abusing Scott at the age of 10 years old.
71. The negligence, carelessness, and/or recklessness of Defendants, Evangelical Lutheran
Church in America, New Jersey Synod, Evangelical Lutheran Church in America, St. Thomas Lutheran
Church, St. Thomas Christian Academy and Nursery School, Defendant Doe Representative of the Estate
18
of Rev. Robert Slegel, deceased 1-5, Defendant Doe 1-10, Defendant Doe Institution 1-10, for the
conduct of their actual or apparent pastor, reverend, clergy, directors, employees, agents, servants,
representatives, and/or ostensible agents, in the hiring, certifying, assigning, observation, retaining,
supervision, management, oversight, direction, administration, and/or otherwise control of Rev. Robert
Slegel consists of one or more of the following:
a. Negligent hiring, certifying, assigning, observation, retaining, supervision, management,

oversight, direction, administration, and/or otherwise control of pastor, reverend, clergy,
in the employ of the Church, ELCA, and/or Ministry;
b. Failing to use due care in hiring, certifying, assigning, observation, retaining, supervision,
management, oversight, direction, administration, and/or otherwise control of Rev.
Robert Slegel and his relationship with plaintiff, Scott Ditzenberger; and
c. Failing to investigate and supervise Rev. Robert Slegel and his relationship with Scott
Ditzenberger.
WHEREFORE, Plaintiff, Scott Ditzenberger, demands judgment against Defendants,
19
COUNT III NEGLIGENT HIRING AND RETENTION

v.
1-10, Defendant Doe Institution 1-10, knew and/or should have known prior to and/or contemporaneous
with the relevant time frame during which Scott Ditzenberger was sexually abused by Rev. Robert Slegel
that plaintiff and other young children affiliated and/or associated with its church were vulnerable to and
potential victims of sexual abuse.
1-10, Defendant Doe Institution 1-10, also knew and/or should have known prior to and/or
contemporaneous with the relevant time frame during which Scott Ditzenberger was sexually abused by
Rev. Robert Slegel that the access to vulnerable youths, together with the trust and authority placed in
reverends, pastors, clergy, agents, makes said profession an enticing vocation to pedophiles, sexual
predators, and/or others seeking to abuse and exploit children.
School, Rev. Robert Slegel, Defendant Doe 1-10, Defendant Doe Institution 1-10, owed a duty to exercise
20
reasonable care in the hiring, certifying, assignment, control, selection and/or retention of pastors,
reverends, clergy, employees, agents, servants, representatives, and/or ostensible agents, situated in and/or
located at the Defendants, Evangelical Lutheran Church in America, New Jersey Synod, Evangelical
School, Defendant Doe 1-10, Defendant Doe Institution 1-10, and specifically a duty to be on high look
out for possible pedophiles, sexual predators, and others seeking to abuse and exploit children.
Nursery School, Defendant Doe Representative of the Estate of Rev. Robert Slegel, deceased 1-5,
Defendant Doe 1-10, Defendant Doe Institution 1-10, failed to exercise reasonable care in the hiring,
certifying, assignment, control, selection and/or retention of Rev. Robert Slegel as a pastor, reverend,
clergy, employee, agent, servant, representative, and/or ostensible agent, among other things, the
following:
a. Failing to conduct a thorough and proper background check of Rev. Robert Slegel;
b. Failing to thoroughly and reasonably investigate Rev. Robert Slegel sexual history;
c. Failing to learn of or investigate Rev. Robert Slegel

young boys and his proclivity to sexual assault young boys;
d. Failing to conduct a thorough and proper interview with Rev. Robert Slegel;
e. Failing to investigate whether Rev. Robert Slegel had any inappropriate sexual interest in
young boys;
f. Failing to use due care in the selection of Rev. Robert Slegel as an pastor, reverend,
clergy, ministering, teaching, and rendering services, and interacting with children; and,
g. Failing to use due care in the retention of Rev. Robert Slegel as an pastor, reverend,
and/or clergy teaching, ministering and providing service to young vulnerable children;
h. Recklessly, negligently and/or carelessly failing to adequately check Rev. Robert Slegel
background, before hiring him as a pastor, reverend, and/or clergy;
i. Recklessly, negligently and/or carelessly failing to have policies and procedures in place
to screen pastors, reverends, and/or clergy for the possibility of being sexual predators.
21
COUNT IV GROSS NEGLIGENCE

v.
Institution 1-10, were grossly negligent under the facts as detailed within this Complaint in that these
defendants acted or failed to act: with complete disregard of the rights, safety, and well-being of others; in
a palpably unreasonable manner; in an outlandish fashion; and/or failed to exercise slight care or
diligence under these circumstances.
22
COUNT V INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

v.
Defendant Doe Representative of the Estate of Rev. Robert Slegel, deceased 1-5
80. The actions and/or inactions of Defendants, Evangelical Lutheran Church in America,
Christian Academy and Nursery School, Defendant Doe 1-10, Defendant Doe Institution 1-10, jointly,
severally, and/or through the conduct of Rev. Robert Slegel, intentionally inflicted emotional distress
upon plaintiff in that Rev. Robert Slegel acted intentionally, willfully, and/or recklessly, in that his actions
were intended to cause, or done with deliberate disregard to a high degree of probability that such
behavior would cause emotional distress.
New Jersey Synod, Evangelical Lutheran Church in America, and St. Thomas Lutheran Church, St.
Thomas Christian Academy and Nursery School, Defendant Doe Representative of the Estate of Rev.
Robert Slegel, deceased 1-5, Defendant Doe 1-10, Defendant Doe Institution 1-10, jointly, severally,
and/or through the conduct of Rev. Robert Slegel, against plaintiff were extreme and outrageous; so
outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and are
regarded as atrocious and utterly intolerable in our civilized community.
Christian Academy and Nursery School, Defendant Doe Representative of the Estate of Rev. Robert
23
Slegel, deceased 1-5, Defendant Doe 1-10, Defendant Doe Institution 1-10, jointly, severally, and/or
through the conduct of Rev. Robert Slegel, was the direct and/or proximate cause of emotional distress to
the plaintiff, which was so severe that no reasonable person could be expected to endure such distress.
83. The conduct of Defendants, Evangelical Lutheran Church in America, New Jersey
Synod, Evangelical Lutheran Church in America, St. Thomas Lutheran Church, St. Thomas Christian
Academy and Nursery School, Defendant Doe Representative of the Estate of Rev. Robert Slegel,
deceased 1-5, Defendant Doe 1-10, Defendant Doe Institution 1-10, jointly, severally, and/or through the
conduct of Rev. Robert Slegel, was sufficiently severe to cause genuine and substantial emotional distress
and/or mental harm to the average person, including the plaintiff.
Lutheran Church in America, St. Thomas Lutheran Church, Defendant Doe Representative of the Estate
of Rev. Robert Slegel, deceased 1-5, Defendant Doe 1-10, Defendant Doe Institution 1-10, are vicariously
liable for the damages caused by Rev. Robert Slegel intentional infliction of emotional distress upon the
plaintiff.
24
COUNT VI BREACH OF FIDUCIARY DUTY

v.
Defendant Doe Representative of the Estate of Rev. Robert Slegel, deceased 1-5
86. By virtue of their status as clergy and religious authorities, Defendants, Evangelical
Lutheran Church, St. Thomas Christian Academy and Nursery School, Defendant Doe Representative of
the Estate of Rev. Robert Slegel, deceased 1-5, Defendant Doe 1-10, Defendant Doe Institution 1-10, bore
a fiduciary relationship to plaintiff and other children and persons within the ELCA.
1-10, Defendant Doe Institution 1-10, had fiduciary duties to avoid harming children and to protect them
from harm at the hands of pastors, reverends, clergy, employees, agents, servants, representatives, and/or
ostensible agents hired, certified, assigned, retained, supervised, managed, overseen, directed,
administrated, and/or otherwise controlled by and for said defendants.
88. Defendants breached their fiduciary duties by acting or failing to act in accordance with
their fiduciary duties and/or as alleged in this Complaint.
25
89. Plaintiff suffered the above-averred harms and damages as a result of Defendants,
Institution 1-10, breach of their fiduciary duty.
COUNT VII PUNITIVE DAMAGES

v.
91. The aforesaid acts of defendants, Evangelical Lutheran Church in America, New Jersey
Synod, Evangelical Lutheran Church in America, St. Thomas Lutheran Church, St. Thomas Christian
Academy and Nursery School, Defendant Doe Representative of the Estate of Rev. Robert Slegel,
deceased 1-5, Defendant Doe 1-10, Defendant Doe Institution 1-10, were committed in outrageous and
wanton and willful disregard for the safety, protection, and well-being of minors, including the plaintiff,
warranting the imposition of punitive damages.
26
WHEREFORE, Plaintiff, Scott Ditzenberger, demands judgment against Defendants, Evangelical
Lutheran Church, St. Thomas Christian Academy and Nursery School, Defendant Doe Representative of
the Estate of Rev. Robert Slegel, deceased 1-5, Defendant Doe 1-10, Defendant Doe Institution 1-10,
jointly and severally, for punitive damages and such other legal and equitable relief as the Court deems
appropriate.
LEVY, BALDANTE, FINNEY, & RUBENSTEIN, P.C.
By: /s/ John W. Baldante

John W. Baldante, Esquire
Attorneys for Plaintiff, Scott Ditzenberger
DATED: July 12, 2021
27
JURY TRIAL
PLEASE TAKE NOTICE that plaintiff, Scott Ditzenberger, demands a trial by jury on all
issues raised herein.

Attorney for Plaintiff, Scott Ditzenberger
DESIGNATION OF TRIAL COUNSEL
PLEASE BE NOTIFIED that pursuant to Rule 4:25-4, John W. Baldante, Esquire is hereby
designated as trial counsel in the aforementioned litigation on behalf of the law firm of Levy, Baldante,
Finney, & Rubenstein, P.C.

28
CERTIFICATION PURSUANT TO RULE 4:5-1
The matter in controversy in this case is not subject to any other action pending in any Court or
arbitration proceeding, nor is any other action or arbitration proceeding contemplated.

CERTIFICATION
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.

29

Scott Ditzenberger Lawsuit

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Scott Ditzenberger Lawsuit

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MER-L-001446-21 07/12/2021 4:47:25 PM Pg 1 of 29 Trans ID: LCV20211638620

LEVY BALDANTE FINNEY & RUBENSTEIN, P.C. and

SCOTT DITZENBERGER NEW JERSEY SUPERIOR COURT

Plaintiff, Scott Ditzenberger (hereinafter also referred to as Mr. Ditzenberger Scott

PARTIES AND VENUE

1. Plaintiff, Scott Ditzenberger, is currently a citizen and resident of California, residing at

4974 ½ Cape May Ave., San Diego, CA 92107.

3. Defendant, Evangelical Lutheran Church (ELCA) in America, is a religious organization

4. Defendant, New Jersey Synod, Evangelical Lutheran Church in America, is a religious

Highway 33, Hamilton Square, NJ 08690.

135 Salmon Street, Brick, NJ 08723.

135 Salmon Street, Brick, NJ 08723.

Synod, Evangelical Lutheran Church in America.

Thomas Christian Academy and Nursery School.

School in approximately 1982-1984.

names being fictitious, and hereinafter referred

Doe when and if such information becomes available.

Institution, 1- Defendant Doe Institution

superior, master-servant, agency, and/or right of control.

they had control or right of control.

School, Defendant Doe 1-10, Defendant Doe Institution 1-

administrated, and/or otherwise controlled by and for said defendants.

Defendant Doe Institution 1-10.

servant, representative, and/or ostensible agent, Rev. Robert Slegel.

R.4:3-2(a) and/or (b).

of the St. Thomas Lutheran Church.

started in the summertime and continued through two school years.

penny) that he called

er his clothing. Customarily, the sexual abuse of Rev.

identified above took place.

sexual aroused and gratified by abusing Scott.

a parishioner as described and outlined above.

including plaintiff, Scott Ditzenberger.

visited by and/or related to church or religious activities, events, and/or duties.

require counseling, therapy, and/or other treatment.

will require counseling, therapy, and/or other treatment.

associated with that status.

exacerbating its devastating psychological, physical, and social consequences.

shall and will continue in the future.

action for damages.

59. As alleged in greater detail herein above and/or

damages were caused by the culpable acts and/or omissions of defendants.

behavior on the part of the Plaintiff.

Plaintiff, Scott Ditzenberger

63. The recklessness, negligence and/or carelessness of Defendants, Evangelical Lutheran

among other things, the following:

a. Failing to properly screen pastors, reverends, clergy, employees, agents, servants,

b. Failure to properly investigate complaints of sexual abuse, inappropriate behavior

c. Providing abusive individuals

d. Minimizing, ignoring or excusing inappropriate or questionable behavior and/or

e. Failure to properly and/or adequately warn parishioners, parents, children, community

f. Assigning pastors, reverends, clergy, employees, agents, servants, representatives,

g. Failure to report criminal activity, including child abuse, to appropriate law

j. Negligently maintaining custody, supervision and protection of children placed in

n. Failure to exercise due care under the relevant circumstances;

o. Recklessly, negligently and/or carelessly failing to observe, manage, direct, oversee,

q. Recklessly, negligently and/or carelessly failing to recognize Rev. Robert Slegel

r. Recklessly, negligently and/or carelessly failing to have proper policies and

t. Recklessly, negligently and/or carelessly failing to identify Rev. Robert Slegel as a

u. Recklessly, negligently and/or carelessly failing to investigate behavior of Rev. Robert

w. Failure to use due care under the circumstances; and/or

x. Negligence as may be proven from facts now exclusively in the possession of