NAILAH K.

BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113

Court of Common Pleas

New Case Electronically Filed: COMPLAINT

March 15,2022 11:10

By: KONRAD KIRCHER 0059249

Confirmation Nbr. 2498270

JOHN DOE CV 22 960720

vs.
Judge: EMILY HAGAN
CATHOLIC DIOCESE OF CLEVELAND, ET AL

Pages Filed: 5

Electronically Filed 03/15/2022 11:10 / / CV 22 960720 / Confirmation Nbr. 2498270 / CLDLJ

 Konrad Kircher (0059249)
Attorney for Plaintiff

CUYAHOGA COUNTY COMMON PLEAS COURT

CIVIL DIVISION

JOHN DOE ) Case No.:

c/o Konrad Kircher, Esq. )
12 E. Warren St. ) Judge
Lebanon, OH 45036 )
)
Plaintiff, ) COMPLAINT;
) JURY DEMAND
) ENDORSED HEREON
v. )
)
CATHOLIC DIOCESE OF CLEVELAND )
1404 E. Ninth St. )
Cleveland, OH 44114 )
)
and )
)
BISHOP EDWARD C. MALESIC )
1404 E. Ninth St. )
Cleveland, OH 44114 )
)
and )
)
ST. JOSEPH CATHOLIC CHURCH )
12700 Pearl Road )
Strongsville, OH 44136 )
)
Defendants. )

Now comes Plaintiff, by and through counsel, and for his Complaint states as follows:

1. Plaintiff John Doe is an adult male, age 19 years, who at all times relevant to this

Complaint was a minor child. Plaintiff seeks to proceed under the pseudonym “John Doe”

pursuant to Sup. R. 45 and public policy as he is a victim of child sexual abuse. John Doe’s

identity has been disclosed to counsel for Defendants.

Electronically Filed 03/15/2022 11:10 / / CV 22 960720 / Confirmation Nbr. 2498270 / CLDLJ

 2. Defendant Catholic Diocese of Cleveland is a corporation sole. Defendant Bishop

Edward C. Malesic is the Diocesan official designated as the head of the corporation sole and is

sued here in his official capacity. Defendant St. Joseph Catholic Church is a parish owned and

operated by Defendant Diocese.

3. While a 14-or-15-year-old boy in 2017-2018, Plaintiff was raped and sexually

molested on multiple occasions by Father Robert McWilliams, a priest of Defendant Catholic

Diocese of Cleveland and an assistant pastor and employee of Defendant St. Joseph Catholic

Church.

4. McWilliams was a seminarian of Defendant Diocese from 2014 through 2017.

During this time, the Diocese obtained information which revealed that McWilliams was an

immature, emotionally unstable individual who, in the context of the history of clergy sexual

abuse of children, presented a threat of harm to children.

5. Indeed, McWilliams committed crimes against children while a seminarian for

which he was convicted in federal court. McWilliams died by suicide in federal prison in early

February 2022.

6. Sexual abuse of children by Clergy had long been an epidemic within the Catholic

Church at the time Plaintiff was assaulted by McWilliams. For example, the Vatican in 1962

published written instructions to all dioceses and bishops throughout the world to conceal incidents

of sexual abuse by priests, and to swear the victims to secrecy as well.

7. The Diocese admits on its website that it has had approximately 50 clergy members

credibly accused of sexual offenses against minors, almost all of which occurred before Plaintiff

was raped by McWilliams.

Electronically Filed 03/15/2022 11:10 / / CV 22 960720 / Confirmation Nbr. 2498270 / CLDLJ

2
 8. The Diocese has its own history of concealing clergy crimes against children. In

April of 1990 at a Midwest Canon Law Society conference in Ohio, Bishop James Quinn of

Defendant Catholic Diocese of Cleveland gave an address titled “NCCB Guidelines, and other

Considerations in Pedophilia Cases,” in which he stated:

Nevertheless, personnel files should be carefully examined to determine

their content. Unsigned letters alleging misconduct should be expunged.
Standard personnel files should contain no documentation relating to
possible criminal behavior. Serious moral questions, signed allegations,
those should be a part of the secret file anyhow. But they still subpoena
them. But comb through your files.

Now what files have been subpoenaed, they cannot be tampered with;
destroyed, removed; that constitutes obstruction of justice and contempt of
court. Prior, however, thought and study ought to be given if you think it
is going to be necessary; if there’s something there you really don’t want
people to see you might send it off to the Apostolic Delegate, because they
have immunity to protect something that is potentially dangerous, or that
you consider to be dangerous, you might send it there.

9. McWilliams perpetrated his crimes against Plaintiff while a priest of Defendants, at

least in part, by utilizing technology (such as internet service, networks and devices) owned,

provided or supported by Defendants.

10. McWilliams was able to exploit Defendants’ technology for the commission of the

crimes despite: Defendants’ specific knowledge about McWilliams’ mental instability; the lengthy

history of clergy sexual abuse of children in the Catholic Church in general and within the Diocese

of Cleveland in particular; and the availability of technological limitations and controls commonly

used by schools and employers to prevent users’ access to illegal or disapproved websites and social

media sites.

Electronically Filed 03/15/2022 11:10 / / CV 22 960720 / Confirmation Nbr. 2498270 / CLDLJ

3
 11. As a direct and proximate result of Defendants’ wrongdoing, Plaintiff has endured

physical and emotional injuries, both temporary and permanent, has incurred medical expenses, lost

wages and pain and suffering damages, and will continue to suffer such harms into the future.

FIRST CAUSE OF ACTION

(Negligence)

12. Plaintiff incorporates the previous allegations of his Complaint as if fully

restated herein.

13. Defendants knew or should have known that McWilliams was a threat of harm to

children, including but not limited to Plaintiff.

14. Such foreseeability of harm created a duty on the part of Defendants to protect

children from the harm.

15. Defendants breached their duty to Plaintiff by failing to protect him from foreseeable

harm.

16. As a direct and proximate result of Defendants’ conduct, Plaintiff has incurred

the damages described above.

SECOND CAUSE OF ACTION

(Intentional Infliction of Emotional Distress)

17. Plaintiff incorporates the previous allegations of his Complaint as if fully

restated herein.

18. The conduct of Defendants described above is outrageous, and was intended to and

did cause severe emotional distress to Plaintiff.

19. As a direct and proximate result of Defendants’ conduct, Plaintiff has incurred

the damages described above.

Electronically Filed 03/15/2022 11:10 / / CV 22 960720 / Confirmation Nbr. 2498270 / CLDLJ

4
 WHEREFORE, Plaintiff respectfully demands Judgment against Defendants for

compensatory damages in excess of $1,000,000.00 each, punitive damages in

excess of $1,000,000.00, reasonable attorney fees, costs and all other relief to which he may

lawfully be entitled.

Respectfully submitted,

____ /s/ KonraD KiRclen__________

Konrad Kircher (0059249)
Ryan J. McGraw (0089436)
RITTGERS & RITTGERS
12 E. Warren St.
Lebanon, Ohio 45036
(513) 932-2115
(513) 934-2201 Facsimile
konrad@rittgers. com
ryan@rittgers.com

JURY DEMAND

Plaintiff hereby demands trial by a jury of his peers as to all issues so triable herein.

____ /s/ KonraD Kinclrn

Konrad Kircher (0059249)

Electronically Filed 03/15/2022 11:10 / / CV 22 960720 / Confirmation Nbr. 2498270 / CLDLJ

5