Hurley McKenna & Mertz Files Lawsuit on Behalf of Boy Scout
Sexual Assault Victim
CHICAGO, Dec. 4, 2012 /PRNewswire/ -- A suit filed in
Cook County (IL) Circuit Court
today accuses the Boy Scouts of America (BSA) and the Chicago Area
Council of failing to protect scouts against a serial pedophile who
is now serving a 100-year prison sentence in Illinois. The
suit alleges that the Boy Scouts were aware of former scoutmaster
Thomas Hacker's arrest in
Indiana for sexual assault and
battery of boys as early as February, 1970. Yet because of
Scouting's inadequate screening system, Hacker re-surfaced as a
scoutmaster in Illinois and
continued molesting boys for the better part of two decades after
that.
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Hacker, now 75, was convicted in 1989 of five counts of
aggravated criminal sexual assault against three scouts, and was
sentenced to two concurrent 50-year terms. Hacker is
described by author Patrick Boyle in
a 1995 book, Scout's Honor: Sexual Abuse in America's Most
Trusted Institution, as "the most prolific molester in
Scouting: He moved among troops and schools for 25 years,
molesting, by his estimate, 'well over 100' boys."
Representing plaintiff "John
Doe," who wishes to remain anonymous, are Chicago attorneys Christopher T. Hurley and Evan Smola, of Hurley
McKenna & Mertz P.C. The firm has handled a wide
variety of sexual abuse cases, including cases against the Catholic
Church, the Archdiocese of Chicago, the Irish Christian Brothers and the
Boy Scouts of America.
The plaintiff in this case grew up in Burbank, and was a Cub Scout through the early
1980s before becoming a Boy Scout. The alleged instances of
molestation occurred in 1985 "on routine occasions during, before,
or after various Scouting activities," when the plaintiff was ten
years old, according to the lawsuit. What the scout and his
parents didn't know, and couldn't have known, was that his
scoutmaster was already a convicted pedophile who had been banned
from Scouting in Indiana.
"This is an egregious case of our client being let down by the
informal and ineffective system Scouting had in place to protect
its members," said plaintiff's attorney Chris Hurley. He continued, "While BSA was
promoting the wholesomeness of its programs, and its moral and safe
environment, for decades it was secretly removing scoutmasters for
child sexual abuse at an alarming rate. Unfortunately, once
removed, many of them managed to sneak back in and continue
victimizing boys."
In the case of Thomas Hacker,
recently-released documents – the so-called "perversion files" –
show that BSA established a confidential file on Hacker by June,
1970, based on reports that he had been "arrested [in Indiana] for homosexual activity with many
boys both in Scouting and through the school in which he was
teaching." Even though the arrest led to a felony conviction,
Hacker re-appeared in Scouting in 1971, in the Chicago area, as a scoutmaster with the
Northwest Suburban Council.
By late 1971, BSA learned that Hacker had again been arrested on
charges of taking indecent liberties with a child. A BSA
official indicated that "under no circumstances do we want [Hacker]
registered in Scouting." Yet sure enough, Hacker re-surfaced
as a committee chairman and scoutmaster in the Chicago Area Council
in 1983 or 1984. The lawsuit contends that BSA did not
conduct a background check at the time Hacker registered with the
Chicago Area Council. Through his position with the Council,
the suit maintains, Hacker gained access to many more young boys,
including the plaintiff, and continued to molest.
Finally, the lawsuit accuses BSA of fraudulent
misrepresentation, fraudulent concealment and non-disclosure of
predatory scout leaders including Hacker. It claims that at
least between 1971 and today, BSA has misrepresented and
under-reported the true nature and number of predatory and
pedophile scout leaders.
As a result, says attorney Chris
Hurley, kids are at risk. "BSA's own files collected
and maintained in secrecy for so many years, show that Scouting was
a magnet for pedophiles. The magnitude of the problem was
immense. The magnitude of the response, for far too long, has
been inadequate and unacceptable."
Hacker's reign of terror finally ended in February, 1988, when
he was arrested and convicted of the charges for which he is now
serving his sentence. On April 15,
1988, the Illinois Department of Children and Family
Services informed the BSA that at least 34 individuals were victims
of child abuse at the hands of Thomas
Hacker. Comments attorney Hurley, "Victims of sexual
abuse deserve justice. We help them find it. We might
see some further litigation based on the actions of the diabolical
Mr. Hacker."
Hurley McKenna & Mertz, P.C.
is a partnership of trial lawyers dedicated to fighting for the
rights of ordinary people whose lives have been destroyed by the
negligence of others. We take pride in providing outstanding
personal service to our clients. For more information please
visit: www.hurley-law.com.
SOURCE Hurley McKenna &
Mertz, P.C.