United States District Court, D. Hawaii
ORDER DENYING DEFENDANT LAHAINA BAPTIST CHURCH'S
MOTION TO DISMISS (ECF NO. 16)
Gillmor United States District Judge.
Gabriel Wagner filed a Complaint alleging a negligence cause
of action against Defendant Lahaina Baptist Church. Plaintiff
claims that he was sexually assaulted by one of
Defendant's deacons in 1991, during a youth group trip to
has filed a motion to dismiss, asserting that Plaintiff fails
to state a claim upon which relief may be granted, as
Plaintiff's claim is (1) time-barred and (2) does not
qualify for an extension of the statute of limitations
pursuant to Haw. Rev. Stat. § 657-1.8(b).
Motion to Dismiss (ECF No. 16) is DENIED.
April 22, 2016, Plaintiff Gabriel Wagner
(“Plaintiff”) filed a Complaint. (ECF No. 1).
18, 2016, Defendant Lahaina Baptist Church
(“Defendant”) filed DEFENDANT LAHAINA BAPTIST
CHURCH'S MOTION TO DISMISS COMPLAINT FILED 04/22/16 [DKT
#1] FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE
GRANTED PURSUANT TO F.R.C.P. RULE 12(b)(6). (ECF No. 16).
August 11, 2016, Plaintiff filed PLAINTIFF'S MEMORANDUM
OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS
COMPLAINT. (ECF No. 21).
August 29, 2016, Defendant filed DEFENDANT LAHAINA BAPTIST
CHURCH'S REPLY MEMORANDUM IN SUPPORT OF ITS MOTION TO
DISMISS COMPLAINT FILED 4/22/16 [DKT #1] FOR FAILURE TO STATE
A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO F.R.C.P.
RULE 12(b)(6) FILED ON 07/18/16 [DKT #16]. (ECF No. 23).
September 22, 2016, the Court held a hearing on
Defendant's Motion to Dismiss. (ECF No. 26).
Gabriel Wagner (“Plaintiff”) claims that when he
was approximately 13 years old, he attended youth activities
and church services at the Lahaina Baptist Church
(“Defendant”). (Complaint at ¶¶ 5-6,
ECF No. 1).
to Plaintiff, the Defendant organized a youth group trip to
Texas in 1991. (Id. at ¶ 6). Plaintiff states
that 8-10 boys, including Plaintiff, went on the trip.
Plaintiff asserts that the boys were accompanied by three
male adults, including head pastor Rudy Zachary
(“Zachary”) and church deacon Andrew Demello
(“Demello”). (Id. at ¶ 7).
According to Plaintiff, Zachary was the Defendant's
highest ranking official, and was also the highest ranking
official on the trip. (Id. at ¶ 10).
alleges that the Defendant and Zachary were aware that
Demello had previously behaved in an inappropriate and
aggressive manner with young boys. Plaintiff indicates that
prior to the 1991 trip to Texas, Demello had ...