Darrell Lovett v. Narconon: Complaint

8/11/2019 Darrell Lovett v. Narconon: Complaint

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Complaint for Damages

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DAVID E.MILLER (CABAR #294-095)[email protected] &LITTLE,LLP1433 N. Meridian St., Ste 202Indianapolis, IN 46202Office: (317) 721-9214Facsimile: (888) 422-3151

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

DARRELL LOVETT, an In anaResident;

Plaintiff,

vs.

ARCONON INTERNATIONAL, aCalifornia Corporation;ASSOCIATION OF BETTER LIVINGAND EDUCATIONINTERNATIONAL, a CaliforniaCorporation; NARCONON FREEDOMCENTER d/b/a NARCONONFREEDOM TREATMENT CENTER, aMichigan Corporation; & DOES 1-100;ROE CORPORATIONS I-X, inclusive,

Defendants.

Case No.:

REQUEST FOR INJUNCTIVE

RELIEF, COMPLAINT FOR

DAMAGES, AND JURY TRIAL

DEMAND

Count 1: Breach of ContractCount 2: Negligence

Count 3: Fraud

Count 4: Premise Liability

Count 5: Breach of the Fair Labor

Standards Act

Count 6: Request for Injunctive

Relief

I. INTRODUCTION

1. Plaintiff Darrell Lovett (hereinafter Plaintiff) alleges on information

and belief against Association of Better Living and Education International,

Case 2:14-cv-06430-R-RZ Document 1 Filed 08/15/14 Page 1 of 32 Page ID #:1
mailto:[email protected]:[email protected]:[email protected]


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Narconon International, Narconon Freedom Center d/b/a Narconon Freedom

Treatment Center, and Does 1-100, ROE Corporations I-X, inclusive, the

following:

II. PARTIES

2. Plaintiff is currently a resident of Indiana, but during the various times

over the duration of his treatment periods was a resident of Arkansas. Plaintiff has

resided in Indiana since on or about July 12, 2013.

3. Defendant Narconon International (hereinafter NI) is a California

corporation with its principal place of business is Los Angeles, California.

Narconon International may be served with process through its registered agent,

Sherman D. Lenske, 6400 Canoga Avenue, Suite 315, Woodland Hills, CA 91367.

4. NI is the parent/licensor of Narconon Freedom Center (hereinafter

NFC). NI exercises control over the time, manner, and method in which the

operations and administration of NFCs facility arerun.

5. NI was doing business in the State of California by and through its agent

and subsidiary/licensee NFC. NI may be served with process through its registered

agent, Sherman D. Lenske, 6400 Canoga Ave., Suite 315, Woodland Hills, CA

91367.

6. NFC and NI are subsidiaries of the Association for Better Living and

Education (hereinafter ABLE). ABLE oversees the drug rehabilitation,



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education, and criminal justice activities of the Church of Scientology including,

but not limited to, NFC and NI.

7. Defendant ABLE is a corporation registered in the State of California

with its headquarters in Los Angeles, California.

8. ABLE controls the time, manner, and method of NIs and NFCs

businesses by actively managing their daily operations, including conducting

inspections of Narconon centers and creating, licensing, and approving their

marketing materials.

9. ABLE transacts business in the State of California by and through its

agents, NI and NFC. ABLE may be served with process through its registered

agent, Sherman D. Lenske, 6400 Canoga Ave., Suite 315, Woodland Hills, CA

91367.

10. Defendant Narconon Freedom Center d/b/a Narconon Freedom

Treatment Center, is, and at all times has relating to Plaintiffs injuries was, a

corporation incorporated under the laws of, and with its principal place of business

in, the State of Michigan. Defendant has been at all relevant times transacting

business in Albion, Calhoun County, Michigan. Narconon Freedom Center may

be served with process through its registered agent, Alan Kellman, 645 Griswold,

Suite 1370, Detroit, MI 48226.



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11. At this time, Plaintiff is unaware of the true names and capacities,

whether they are solely individual, corporate, agents, horizontal associations,

contracted medical professionals, or otherwise, Defendant DOES 1-100, inclusive,

and therefore, sues these Defendants by a fictitious name. Plaintiff will seek leave

of the Court to amend this Complaint when the identities of any Defendants are

made known.

III. JURISDICTION AND VENUE

12. This Court has subject matter jurisdiction as it relates to the parties

pursuant to 28 U.S.C. 1332(a). The amount in controversy exceeds $75,000.00.

13. Venue is proper in this Court pursuant to 28 U.S.C. 1391(a) because

there is diversity between the parties as the Plaintiff resides in Indiana, two

Defendants reside in California, and the final Defendant resides in Michigan. The

Supreme Court recently issued the decision inDiamler AG v. Bauman, 134 S.Ct.

746, 2014, stating that a corporation is subject to general personal jurisdiction only

where it is at home. The majority of Defendants reside in Central District of

California; this Court therefore has the jurisdictional authority over this matter.

14. Furthermore, Defendants NI and ABLE have filed a 12(b)(2) motion in a

similar case asserting their desire to avail themselves of the jurisdiction of the

California District Courts. (See Exhibit 1, Defendants 12(b) Motion filed in



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District Court of Nevada, Cause No.: 2:14-cv-00629-JCM-NJK (hereinafter 12(b)

Motion)).

IV. FACTUAL ALLEGATIONS

15. Plaintiff developed an addiction to illegal drugs and his wife sought out

treatment centers to help him getting clean on or around January 2011 while they

were living in Little Rock, Arkansas.

16. Plaintiff had been in and out of the Veterans Affairs Medical (hereinafter

VA) treatment since his time in the military during the Vietnam Era, where his

addiction began. Plaintiffs treatments through the VA were not able to keep him

clean and he frequently relapsed.

17. During the Vietnam Era Plaintiff contracted Hepatitis C, which remained

dormant but a known condition.

18. Plaintiffs wife discovered NI through an internet search of rehabilitation

facilities and reached out to NI to determine if they accepted her insurance. She

emailed through NIs website and was contacted the next day by representatives of

NFC (hereinafter intake counselors) regarding the benefits of attending the NFC

facility over other types of drug treatment facilities. Plaintiffs wife was further

informed of the policies and the general overview of the program. Plaintiffs wife

was informed that the program did accept her insurance at that time and they

pursued the option of having Plaintiff attend the facility by the following day so



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that he could receive treatment for his addiction. From this point forward these

representations were continually made by individuals associated with NFC like

John Walser (Defendant NFCs current President and representative) and the

intake counselors.

19. The information provided to Plaintiff and his wife indicated a high rate of

success with the NI program in the range of 70-80% of those that completed the

program. (See Exhibit 2, Narconon: 40 Years of Evidence of Recovery

(hereinafter 40 Year Study)). The intake counselor especially noted that strict

adherence to the policies and stages of the program would be essential to Plaintiffs

success.

20. The information provided through the NI website and the information

provided by the intake counselor that spoke with Plaintiff and his wife did not

indicate any relationship with Scientology, and never stated that techniques used

were based on the work of L. Ron Hubbard. (SeeNarconons Website,

http://www.narconon.org/about-narconon/faq.html#religious-component,last

visited on 07/21/14. See Exhibit 3, Printed Screen Captures of Narconons

Website (hereinafter Screen Captures)).

21. NIs own website states the following [t]he Narconon program is secular

(non-religious). (See Exhibit 3,Screen Captures at pg. 3 and pg. 5). Despite this

assertion, NFC, NI, and ABLE set out a program based on the teachings of L. Ron

http://www.narconon.org/about-narconon/faq.html#religious-componenthttp://www.narconon.org/about-narconon/faq.html#religious-componenthttp://www.narconon.org/about-narconon/faq.html#religious-component


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Hubbard and the Church of Scientology. Patients are unwittingly practicing and

studying the tenets of Scientology in place of counseling for substance abuse, as

set forth in more detail below.

22. Defendants NI and ABLEs own swornpleading provided in the 12(b)

Motion, asserts that the Narconon Program is in fact a faith based healing

program. (See Exhibit 1, 12(b) Motion at pg. 23, ln. 10-11).

23. Plaintiff boarded a bus and road the next day to NFC, located in Albion,

Michigan. Plaintiffs intake occurred at 2:30 a.m. after he was picked up by a

representative of NFC. At the time of his intake, Plaintiff was required to sign all

of the documents presented to him by NFC. He was never provided a copy of

those documents, nor was he adequately allowed to read what he was required to

sign.

24. Plaintiff began detoxification through the standardized program

administered at NFC. At this time NFC and its employees were notified of

Plaintiffs past medical history,particularly his dormant Hepatitis C infection.

25. Plaintiff was seen once by a physician upon his arrival at the Albion

facility. The physician did a basic physical and even though Plaintiff disclosed his

past medical history, the physician never addressed his prior diagnosis of Hepatitis

C prior to the withdrawal treatments beginning.



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26. Plaintiff attended the Albion facility twice, the first time he went through

the program and successfully completed the requirements of the Narconon

Program. At the completion of his treatment he was approached about becoming a

withdrawal specialist counselor and soon after began working as one. Plaintiff

then relapsed and returned to Little Rock, Arkansas after working less than two

months as a counselor. Shortly after that he again reentered the rehabilitation

program at NFC and his rehabilitation was fast tracked. He was able to complete

the process and returned as a withdrawal specialist counselor. Plaintiff then

relapsed a second time on or around July 12, 2013, and sought treatment through

another organization and has been clean as of July 2013.

27. Each time Plaintiff entered the NFC rehabilitation program, NFC

accepted $30,000.00 in insurance payments for the costs of Plaintiffs enrollment

into the facility at Albion, which is nonrefundable. The full extent of insurance

payments made to NFC is not known to Plaintiff but Plaintiff and his wife are

aware that at least $60,000.00 was paid to NFC. Additional funds were repeatedly

solicited from Plaintiffs wifeby NFC.

28. Upon beginning treatment, Plaintiff learned that unlike the VA or other

rehabilitation facilities, NFC and NI will not administer medication to ease the

withdrawal symptoms but instead uses alternative techniques used only in NI based

programs or found in the teachings of Scientology.



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29. Once Plaintiff had completed his drug withdrawal therapy he was

transferred into the rehabilitation portion of the NI program. This portion is

overseen by the NFC staff members and includes a series of exercises that each of

the patients engage in to allegedly help them get past their addiction.

30. During this time, Plaintiff became aware that most, if not all, of the NFC

staff members or counselors were graduates of the NI program. Some of the

staff members had been patients only a few months prior to taking a position as a

counselor. These staff members are now responsible for the care and supervision

of patients with serious substance abuse problems and have no educational

qualifications to support such a position.

31. After each of his successful completions of the NI program, Plaintiff

became one of the withdrawal specialist counselors at NFC. While he completed

the majority of his training, he was never certified as a withdrawal specialist. He

was still given the same level of authority from his supervisors as if he had fully

completed all of the requirements. Plaintiff received training at the Course Room

but because NFC was so understaffed he was unable to complete the required

training forcing him to return and help with the patients suffering withdrawal.

Traditionally, a Gold Seal is awarded to individuals who successfully complete

the training process but one was not given to Plaintiff. He was still granted the full



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powers of a counselor who had received a Gold Seal, and only had marginal

oversight from the supervising Core Counselor while he worked.

32. At most, NFC staff members have no other qualification for working

with individuals who have substance abuse problems other than the fact that they

completed the NI program. NFC staff members have no medical training.

33. NFC does not have adequate on-site medical staff to address the patient

and situational load experienced at their location. A doctor was supposed to make

at least one round at NFC, but this did not always occur. When the doctor did

show he was usually overbooked and incapable of seeing all of the patients that

needed medical oversight. The remaining time there is a single registered nurse

that has an office not associated with the withdrawal portion of the program where

patients are treated.

34. At various times during Plaintiffs stay at NFC, it was common

knowledge that staff members were quarantined off because they continued to

indulge in their addiction to illegal substances. These counselors had successfully

completed the NFC and NI rehabilitation program and were subsequently cleared

to act as counselors over new patients coming in.

35. NFC frequently turned a blind eye to individuals who were able to show

some control while engaging in their addiction so long as they were able to



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function in their work capacity. When quarantined off, a counselor would retake a

portion of the NI program and be cleared by a Core Supervisor to return to work.

36. If a Core Supervisor was found to be engaging in the use of illegal

substance they would not be quarantined off in the same manner as the other lower

level counselors. A Core Supervisor would be required to visit the nearest Church

of Scientology and must receive clearance from them before they were allowed to

return to a NI facility. Core Supervisors from NFC were sent to the Church of

Scientology in Battle Creek to receive their clearance to return to work at the

facility.

37. Plaintiff, himself and others he knew at NFC, regularly engaged in the

use of illegal substances. This continued abuse occurred after each successful

completion of the NI program while he was living and working as a withdrawal

specialist. After the first completion of the NI program, Plaintiff worked as a

counselor for less than two months before he had a full relapse and returned to

Arkansas. The second time, he again relapsed and eventually left because his

addiction grew worse and he was no longer compensated for the work he did as a

counselor.

38. During Plaintiffs time as a counselor, he was paid $50.00 dollars a week

as a counselor prior to his completing the training course and after his completion

he was paid $430.00 dollars a week. His work week during his first stint as a



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withdrawal specialist counselor consisted of assisting with the patient pool during

the course of a week. During each of his shifts, Plaintiff, with the aid of another

withdrawal specialist counselor, would be responsible for at least 15 patients. On

average he was working twelve to fourteen hours a day, seven days a week.

39. Plaintiff upon reentering the NI program after his first relapse was fast

tracked through and become a counselor again with a lighter patient load. The

patient load was reduced during his second stint as a withdrawal specialist

counselor because there was withdrawal of insurances paying for NI programs.

40. Instead of medically recognized substance abuse therapy, patients are

directed to adhere to the NI program of studying eight books written by L. Ron

Hubbard. Patients spend hours most days performing Training Routines contained

within the books. NI and the Church of Scientology refer to the books as

technology or study technology. To complete the objectives of each book a

patient is paired with a twin who must complete the objectives of each book

before either can advance.

41. It is because of this use of the books that NFC and NI pays a licensing fee

to the Church of Scientology through ABLE.

42. Each book in the NI program contains a 3-page About the Author

section. This section provides, in pertinent part:



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L. Ron Hubbards discoveries make it possible for drug users

to recover fully from their addiction. Narconon drug

education and rehabilitation centers around the world use his

techniques exclusively. For over thirty-five years, Narconon

has been setting the pace in the field of drug rehabilitation,

with (per independent studies) a 70 to 80 percent success rate

in helping people to come off drugsandstayoff them.

L. Ron Hubbard departed his body on 24 January 1986. His

breakthroughs in the field of drugs and their effects have

given the planet its first truly workable and successful

method of drug rehabilitation; and through his efforts,

mankind has been provided with realsolutions to the

problems of todays society. (emphases in original).(See

Exhibit 4,Narconon: Learning Improvement Course, Book 3

at pg. 199-201). (See also, Exhibit 6, The Deposition of

Louis Adolph Casal, M.D. taken on March 21, 2012,

(hereinafter Deposition of Dr. Casal) wherein Dr. Casal,

the medical expert hired by Defendant NI and ABLE, states

that he sees no basis to support the success claims made by

Defendants, at pg. 136:21137:9).

43. The books or technology use numerous Training Routines (hereinafter

TR) as teaching tools. TRsare drills or exercises routinely used in Scientology.

Instead of meeting with a counselor or drug therapy specialist, Plaintiff was

required to engage in the use of TRs with his twin as well as other individuals

present during his rehabilitation. Plaintiff, like other individuals at NFC, engaged



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in activities with no apparent connection to the treatment of substance abuse for

hours at a time. The use of TRs and the books of L. Ron Hubbard are a

requirement for a rehabilitation facility to use the Narconon name with the

supervision of ABLE and NI. These books present the tenets of the Church of

Scientology as a form of rehabilitation.

44. NFC and Scientology teach that misunderstood words are the root of

all confusion when studying a subject. To that end, NFC and Scientology require

patients to spend hours clearing or looking up words, often in Scientology or L.

Ron Hubbard dictionaries. Many of these misunderstood wordspatients must

clear are words invented by, or given special meaning within, Scientology.

Examples of such words include doingness, enturbulate, thinkingness,

dope-off, misemotion, divertive, reelingness, not know, randomities,

livingness, creatingness, as-ising, and actingness.

45. NFC staff members use this Scientology-specific language both when

instructing NFC patients, and in ordinary conversation with patients.

46. L. Ron Hubbard quotes, using this Scientology-specific language, are

displayed prominently around the NFC facility in Albion, Michigan.

47. On several occasions members of NFC approached Plaintiff, both while

he was a patient and as a counselor, and attempted to persuade him into converting

to Scientology. These attempts occurred during both of his tenures at the NFC.



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48. These attempts were not made in a casual or indirect way but with the

direct intention of having Plaintiff change his faith.

49. Each patient at NFC is required to undergo the Sauna Program. NI and

NFC call this program the New Life Detoxification program. A patient must

undergo this program to be considered to have completed the Narconon Program.

50. NIs and NFCs New Life Detoxification program is substantially

similar, if not identical, to Scientologys ritual known as Purification Rundown,

or the Purif. The Purification Rundown is part of Scientologys Bridge to Total

Freedom. The Bridge to Total Freedom is the path a practicing Scientologist

moves up to attain the state of Clear. Attaining the state of Clear is often

regarded as the highest goal for a Scientologist.

51. Under NFCs sauna program,patients first exercise vigorously before

entering the sauna each day. On entering the sauna, NFC requires each patient to

ingest increasing doses of Niacin and a vitamin bomb. NFC increasespatients

dosages of Niacin with some exceeding 5,000 mg/daydangerously beyond the

recommended daily allowance.

52. If a patient refuses to ingest the Niacin or other vitamins, the patient faces

discipline, which may include having to spend additional days in the sauna.

53. NFC requires patients to spend four to six hours per day for five weeks in

a sauna at temperatures between 160 and 180 degrees Fahrenheit. Plaintiff spent



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forty-three days in the sauna program at five to six hours per session during his

first rehabilitation period. And during his second attempt at rehabilitation,

Plaintiff again spent somewhere between thirty and thirty-five days in the sauna

program the second time.

54. During this time Plaintiff was started at 100mg/day of Niacin, which was

ramped up as he progressed through the sauna program. Plaintiffs daily dose of

Niacin was increased until by the end of the sauna program he was taking over

1900 mg/daily.

55. At no point during the sauna treatments Plaintiff completed was there

medical personnel there to oversee the health of the patients. There is only a

sauna supervisor who sits outside the sauna while the patients are inside. The

sauna supervisor does not have any medical or specialized training to deal with

potential issues that could arise from health complications brought on by the sauna

program, but serves as a policing force for the patients to ensure their compliance

with the program.

56. Plaintiff experienced severe dehydration, headaches, and persistent

nausea during the sauna program. The Niacin made him feel ill during his times in

the sauna and his general health declined while he was undergoing this portion of

the NI program.



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57. The second duration of Plaintiffs sauna therapy resulted in his

development of a swollen liver and him ending the program sooner than he did the

first time.

58. To date, Plaintiff remains under the care of physicians and medical staff

of the VA to treat the injuries caused by his duration of time spent in the NI

program.

59. NFC represented to Plaintiff and his wife that the treatments they

provided were medically safe and has been scientifically-proven as effective. This

assertion is directly countered by Defendants NI and ABLEs own medical expert

testimony. (See Exhibit 6, Deposition of Dr. Casal). NFCs rationale for the sauna

program is that residue of many different types of drugs remain in the bodys fatty

tissue long after use. The drug residue is released from the fatty tissue from time-

to-time into the bloodstream causing the individual to crave the drug, and,

ultimately, relapse. (See Exhibit 3, Screen Captures, pg. 7). NI, ABLE, and

Scientology assert that the sauna program flushes these residual drug toxins out of

the addicts system thereby reducing the cravings the residue causes.

60. NIs and NFCs claims about the benefits of its sauna program, i.e.,

Scientologys Purification Rundown, are false and do not withstand scientific

scrutiny. Contrary to NIs and NFCs claims, there is no scientific evidence that its

sauna program flushes residual drug toxins out of a patients fatty tissue. NFC, NI,



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and ABLE are all aware that there is no basis for these claims since the Deposition

of Dr. Casal was taken and yet they continue to assert these statements as fact.

(See Exhibit 6, Deposition of Dr. Casal). Nor is there any scientific evidence for

their premise underlying the sauna program: That residual drug toxins stored in

fatty tissue leak into the bloodstream and cause drug cravings.

61. NFC, NI, and ABLE are aware that numerous patients in their

purificationor sauna program have become sick from the extensive periods in

the sauna and the Niacin they have been required to ingest. Defendants have been

sued across the United States by people injured by their sauna program. Despite

being aware of the dangers of the sauna and Niacin, Defendants subjected Mr.

Lovett to the them after having specific knowledge that it was making him sick.

62. NFC operates under the direction and instruction of Defendants NI and

ABLE, Defendant NI publishes directives called, Opening a Successful Narconon

Center and Running an Effective Narconon Center. (See Exhibit 5 (hereinafter

Manuals). NI and ABLE control the curriculum at NFC. Defendants NI and

ABLE have authority to hire, fire, and make human resource decisions on behalf of

NFC.

63. NI and ABLE dictate which books are sold in the bookstores of the

individual Narconon Facilities as well as controlling which pictures of L. Ron

Hubbard are displayed and in the manner it is done. NI and ABLE exercise a great



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deal of control over the finances of Defendant NFC as well, requiring regular

reports and accountings and requiring regular royalty payments.

64. Since leaving NFC the second time, Plaintiff moved in with his daughter

in Lafayette, Indiana and successfully completed a rehabilitation program and has

remained clean since July 12, 2013.

65. Plaintiff still suffers from elevated liver enzymes related to the excessive

Niacin supplements he was forced to consume during his time at NFC, all in

accordance with the program established and enforced by ABLE and NI. This

excessive strain on his liver has caused it to become inflamed requiring him to seek

medical treatment through the VA.

66. Plaintiff has recently learned that his Hepatitis C is also no longer

dormant and he has begun to develop cirrhosis of the liver. He is currently being

treated at the VA Hospital in Indianapolis, Indiana. He is set to begin Hepatitis C

treatments which include twelve weeks of interferon shots.

V. FIRST CAUSE OF ACTION:BREACH OF CONTRACT

67. Plaintiff incorporates paragraphs (1) through (66) by reference, as if fully

set forth herein, each and every allegation set forth in the preceding paragraphs and

further allege as follows:



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68. Plaintiff and Defendants were bound by a contract whereby Defendants

agreed, in exchange for consideration, to provide secular, residential drug, and

alcohol treatment to Plaintiff.

69. Defendant breached this contract by, inter alia: (i) failing to provide

services constituting drug and alcohol treatment; (ii) providing Scientology in lieu

of drug and alcohol treatment; and (iii) not adequately addressing known issues of

pre-existing conditions with the oversight of medical personnel.

70. Defendant NFC, through the direction imposed by Defendants NI and

ABLE, operate a facility which instead of providing trained and medically certified

clinicians and counselors cycles through former patients and otherwise untrained

individuals to address the significant needs of their patients. Through assertions

made on Defendants NI website, prospective patients are made to believe that

facilities associated with Narconon are run by board certified counselors and

medical staff. (See Exhibit 3, Screen Captures at pg. 15). These assertions are

blatantly untrue.

71. Secondly, Defendant NFC institutes policies and procedures delivered

and enforced by Defendant NI. Defendant NI receives their instruction regarding

the application and instruction of those policies and procedures from Defendant

ABLE. Those policies and procedures instruct patients to carry out activities

included in the TRs, the New Life Detoxification, and the application of L. Ron



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Hubbards vocabulary of misunderstood words. The Narconon Program is a

mirrored reflection of the tenets put forth by the Church of Scientology. This

understanding is further asserted in Defendants Motion to Dismiss, which states

[f]urthermore, as previously stated, faith-based healing is exempt from the

licensing requirements of N.R.S. Chapter 630. (See Exhibit 1, 12(b) Motion at pg.

23, ln. 10-11). By Defendants ownpleadings they are not secular and their

rehabilitation program is the disguised teachings of the Church of Scientology.

72. Finally, Defendant NFC made no known or reasonable effort to ensure

that Plaintiffs preexisting condition would be monitored by a professionally

competent physician or registered nurse. The basic reason for the lack action on

the part of Defendant NFC can be directly traced to the oversight of Defendants NI

and ABLE. A Narconon location cannot engage in activities outside the scope of

their licensing agreement as it is set down by Defendants NFC and ABLE because

their form of rehabilitation is faith based healing not medically recognized

treatment.

73. While Plaintiff may have contracted and sought treatment with

Defendant NFC, Defendant NFC was operating under the direct control and

supervision of Defendants NI and ABLE.



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74. As a direct and proximate result of Defendants breaches, Plaintiff has

suffered damages in excess of $75,000.00, with the exact amount to be determined

at trial.

VI. SECOND CAUSE OF ACTION:NEGLIGENCE




76. Defendants owed Plaintiff a duty to render substance abuse treatment to

Plaintiff in a manner that did not subject him to an unreasonable risk of harm.

Defendants further had a duty of care to render reasonably safe and effective

treatment to Plaintiff. This standard is one of an ordinary person in the same or

similar situation.

77. Defendants breached these duties by: (i) instructing Plaintiff to sit in the

sauna for 5-6 hours a day on two different occasions for 43 and 32 days

respectfully, while ingesting dangerous amounts of Niacin and other vitamins; (ii)

failing to staff the NFC treatment facility, and particularly the sauna, with qualified

medical personnel; (iii) failing to provide duly qualified counselors to administer

treatment; and (iv) providing Scientology in lieu of substance abuse treatment.

78. As stated previously, Plaintiff went through the Narconon Program on

two separate occasions, exacerbating his physical injuries each time. That program



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was instituted and controlled by Defendant NFC. Defendant NFC, through its

licensing agreement with Defendant NI, is obligated to adhere to the program as

set out by Defendant NI. This obligation carries the additional caveat of control

exerted by Defendant NI over the facility and practices of Defendant NFC. And

while Defendant NFC receives its orders and direction from Defendant NI,

Defendant NI receives the same from Defendant ABLE. It is because of this chain

of authority, that Defendant NFC was negligent in properly retaining licensed

medical staff to assure the health of Plaintiff did not physically deteriorate while in

their care or in the care of facilities under their control.

79. As a proximate result of Defendants breaches, Plaintiff has suffered

physical and mental injuries in excess of $75,000.00, with the exact amount to be

determined at trial.

VII. THIRD CAUSE OF ACTION:FRAUD




81. The elements of fraud, which provide a basis for the tort of deceit, are:

(a) misrepresentation (false representation, concealment, or nondisclosure); (b)

knowledge of the falsity (or scienter); (c) intent to defraud, i.e., to induce

reliance; (d) justifiable reliance; and (e) a resulting damage. From the point



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Plaintiff and his wife made their initial contact with Defendants until his final

departure, Plaintiff relied on statements made by or on behalf of Defendants to the

detriment of his own health and wellbeing.

82. Defendants ABLE and NI cannot assert that they are innocent bystanders

in the claims brought forth in the case. The fraudulent conduct of the Defendants

is pervasive and continuous, stemming from Defendant ABLE conveyed through

Defendant NI and implemented in Defendant NFC. Defendant NI publishes

directives through their Opening and Running Manuals. (See Exhibit 5, Manuals).

These Manuals require individual Narconon centers, like Defendant NFC, to

expressly follow their direction otherwise they risk losing the rights to use the

Narconon name and associated benefits paid for by Defendants NI and ABLE.

These benefits include advertising, referrals through a call center hosted by

Defendant NI, name recognition as it is controlled through both NI and ABLE, and

business and operational planning with constant oversight.

83. The following is a non-exhaustive list of fraudulent representations

Defendants knowingly and continually made to the Plaintiff: (i) that NI, including

NFC, has a 70-80% success rate; (ii) that the NI program is secular and does not

involve the study or practice of any religion; (iii) that NI and NFC is not any way

connected to ABLE or the Church of Scientology; (iv) that Plaintiff would receive

effective and scientifically proven counseling for his substance abuse; (v) that NIs



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and NFCs sauna program, i.e., the Purification Rundown, is safe and has been

scientifically proven as effective; and (vi) that Plaintiff would be safely medically

detoxed at a facility under medical supervision.

84. Each of the statements listed above, and countless others, have been

made to the Plaintiff and his wife. These fraudulent statements were first made to

the Plaintiff and his wife during their initial internet search for drug treatment

centers. (See Exhibit 3, Screen Captures). Plaintiff relied on the fraudulent

representations and only became aware of the deception after they brought him to

Albion, Michigan to seek treatment for his addiction. Defendants NI and ABLE

make continuous and affirmative steps to control the message and use the

Narconon name with the intent to induce new patients to their facilities.

85. Defendant NFC is not allowed to independently alter any message or

statement they assert through their own website or printed material without the

express permission of Defendant NI and by proxy Defendant ABLE. All internet

websites need to be approved by Narconon International by the trademark holders,

Association for Better Living and Education International. (See Exhibit 5,

Manuals,Running an Effective Narconon Center, at pg. 239). The fraudulent

statements made above are the same contained on the materials posted through

Defendant NI and NFC respective websites. This controlled and calculated

assertion of the benefits of choosing Narconon over other drug treatment centers



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illustrates that all parties are aware of the deception and each benefits through the

revenue brought in by new patients.

86. If representations of the NI website and representatives associated with

the Narconon Program, which were known to be false by the Defendants, were not

made to the Plaintiff and his wife, they would not have been induced to seek

treatment through NI or NFC.

87. As a direct and proximate result of Defendants fraudulent conduct,

Plaintiff has suffered damages in excess of $75,000.00, with the exact total to be

determined at trial.

VIII. FOURTH CAUSE OF ACTION:PREMISES LIABILITY




89. Defendants owed Plaintiff a duty to render a safe environment as the

Plaintiff was an invitee. Plaintiff was at NFC for a commercial benefit to the

possessor of the place of business. The possessor has a duty to use ordinary care to

protect an invitee from risks of harm from a condition on the possessors place of

business if: (i) the risk of harm is unreasonable, and (ii) the possessor knows or in

the exercise of ordinary care should know of the condition, and should realize that

it involves an unreasonable risk of harm to an invitee.



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90. Defendants are aware that (i) the sauna program can be dangerous to

individuals who have preexisting conditions that may make them susceptible to

injury from prolonged exposure to high temperatures; (ii) Defendants do not

provide medical oversight at their facilities to ensure any complication from

withdrawal or treatment can be addressed without having to remove the patient off

sight for emergency care; and (iii) Defendants were aware that illegal substances

were being used at their facilities and did not take proper care to control their

employees or their facility in a manner that would be considered reasonable.

91. Defendants required patients complete the sauna program to be cleared as

a successful completion of the Narconon Program. This was in complete disregard

to the patients own personal health. Proper oversight by medically certified

registered nurses and physicians is almost nonexistent in the facility. Limited or

no ability to control the security of the facility allowing for illegal substances to

enter. These lacks of control directly lead to the use of illegal drugs being

consumed by the staff or patients of that facility.

92. As a direct and proximate result of Defendants breach, Plaintiff has

suffered damages in excess of $75,000.00, with the exact total to be determined at

trial.



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IX. FIFTH CAUSE OF ACTION:BREACH OF THE FAIR LABOR STANDARDS

ACT




94. Defendants owed Plaintiff a duty of compensation for his time as an

employee of the facility under the Fair Labor Standards Act. During Plaintiffs

first tenure as a staff member he was only initially compensated $50.00 a week,

while working seven days a week at a daily average of 10-12 hours, with some

days in excess of 16 hours. Once Plaintiff completed his training course he was

compensated at $430.00 a week, while working the same amount of time. During

Plaintiffs second tenure as a staff member he was not compensated at all for his

work.

95. As a direct and proximate result of Defendants breach, Plaintiff has

suffered damages with the exact total to be determined at trial.

X. REQUEST FOR INJUNCTIVE RELIEF






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97. Defendants have been the subject of numerous law suits across North

America and have been made abundantly aware of the dangerous conditions

created by their sauna program.

98. ABLE, NI, and NFC have no scientific justification for the use of its

sauna program despite claims asserted by them.

99. Defendants own retained experts have testified that there is no scientific

justification for the sauna program.

100. In a prior lawsuit, Dr. Louis A. Casal, an expert retained by NI and

Narconon of Northern Georgia in a wrongful death suit filed against those entities,

testified at a deposition. A true and complete copy of Dr. Casals deposition

testimony is attached hereto as Exhibit 6. When Asked under oath about NIs

sauna program, he testified that there is no scientific basis for the notion that

seating in a sauna detoxifies a persons body or treats addition:

Question (Q.). Have you looked at the Narconon literature on what

Narconon contends the benefits from the sauna are?

Answer (A.). [Dr. Casal] Yes, I have.

Q. And the sauna program, what Narconon contends is that init in

fact detoxifies your body. True?

A. True



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Q. But theres no scientific basis that you can point to to support that

contention, is there, sir?

A. Youre correct.

Q. So when Narconon states that the sauna program detoxifies its

patients, youre not aware, as a medical doctor, of any scientific basis

for that contention?

A. I agree. (See Exhibit 6, Deposition of Dr. Louis Casal, 136:21

137:9).

101. Because there is no-scientific justification for the dangerous sauna

program Plaintiff is likely to prevail at trial.

102. Allowing Defendants to continue to operate such a dangerous sauna

program is needlessly endangering the lives of patients treated through the

Narconon Program.

103. Common sense, science, and the safety of all present and future NI and

NFC patients necessitate the immediate suspension of the sauna and Niacin

program via a temporary restraining order from this Court.

XI. DEMAND FOR A JURY TRIAL

104. Plaintiff demands a jury trial on all counts.

XII. PRAY FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:



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A.Judgment in favor of Plaintiff against Defendants for damages in such

amounts as may be proven at trial;

B.Compensation for special and general damages;

C.Reasonable attorneys fees and costs of suit;

D.Interest at a statutory rate;

E. Punitive or exemplary damages against Defendants; and

F. All other relief the Court deems to be just and proper.

Respectfully,

/s/David E. Miller

David E. MillerSaeed & Little LLP1433 N. Meridian StreetIndianapolis, IN 46202(317) [email protected] Bar No.: 294-095

mailto:[email protected]:[email protected]:[email protected]


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CERTIFICATE OF SERVICE

I, hereby certify that on August 15, 2014 that the foregoing document wassubmitted electronically via the courts Electronic Filing System (CM/ECF). ACourt certified copy will be served on the parties listed below via U.S. CertifiedMail.

Narconon Freedom Center d/b/a

Narconon Treatment Center

via its registered agent:Alan Kellman645 Griswold Street, Suite 1370Detroit, MI 48226

Narconon International

via its registered agent:Sherman D. Lenske6400 Canoga Avenue, Suite 315Woodland Hills, CA 91367

Association for Better Living and

Education

via its registered agent:Sherman D. Lenske6400 Canoga Avenue, Suite 315Woodland Hills, CA 91367

/s:/ David MillerDavid Miller


Documents

Darrell Lovett v. Narconon: Complaint