News

January 25, 2012

$2.35 million settlement against WA DSHS and DOC

The State of Washington will pay a former Mason County woman $2.35 million to settle a lawsuit brought against the Department of Corrections and the Department of Social and Health Services for the State’s failure to protect her from a dangerous sexual predator. Danny Dorosky, Sr., was a convicted child rapist on parole in the fall of 1990 when he began sexually assaulting the victim, who was only 10-years-old at the time.

Corrections officers responsible for monitoring Dorosky while on parole misclassified the 30-year career-criminal as a low-risk offender despite an order from the Parole Board requiring intensive management and supervision because of Dorosky’s prior sex crimes. The Parole Board directed the DOC to conduct regular polygraph examinations to make sure he was not having contact with children. Despite the directive, the DOC never supervised Dorosky and never enforced a single parole condition imposed by the Parole Board.

Left unmonitored, Dorosky ingratiated himself into the victim’s family and eventually moved into her home, where he continuously abused the victim for almost three years.

DSHS’s involvement in the suit stemmed from a report made by school officials to Child Protective Services on the young girl’s behalf suspecting abuse. CPS learned over the course of its investigation that Dorosky was a convicted sex offender living with the girl’s family and that he was suspected of both physically abusing and sexually exploiting the child. However, CPS failed to remove the girl from the abusive environment, never made contact with Dorosky’s parole officers, and simply closed the complaint.

In the summer of 1993, the victim’s father contacted local law enforcement about Dorosky after a visit from his daughter in California. Mason County officials eventually arrested Dorosky, and he was later convicted of child molestation and rape. Dorosky died in 2004.

About two years ago, the victim began looking for answers after her own daughter turned 10-years old. She asked a local law firm that specializes in child abuse cases to help her, not knowing what they would discover. After numerous public records requests, her attorneys realized the State’s agencies did nothing to protect her. According to one of her attorneys, Jason P. Amala, “We told her we would help her find out how it happened, but we had no idea what we would find. It wasn’t until the State said it had no more records on him that we realized it had no records because it did nothing to enforce this sex offender’s parole conditions.” The woman filed suit shortly thereafter, and Dorosky’s parole officer eventually admitted she did nothing to supervise him.

The settlement comes at a time that Attorney General Rob McKenna is touting legislation to immunize the state from liability. Darrell L. Cochran, a Tacoma attorney who represented the woman with Amala, testified against McKenna’s proposals in Olympia this morning. “Our client was raped for almost three years because the state didn’t do its job. The budget is a concern for everyone, but denying justice to people who endure a lifetime of suffering is not the answer. Our communities and children will not be safe if the agencies charged with protecting us are given immunity for not doing their job.”

News coverage

The Olympian - State worker gets $2.35 million in settlement over child sex abuse
KOMO TV – State to pay $2.35M in abuse case settlement (VIDEO)
WSOC TV – WA to pay $2.35M in abuse case settlement

January 5, 2012

Sexual Abuse Statute of Limitations in Washington

Washington has a unique statute of limitations of claims based on childhood sexual abuse.

RCW 4.16.340

Actions based on childhood sexual abuse.

(1) All claims or causes of action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within the later of the following periods:

(a) Within three years of the act alleged to have caused the injury or condition;

(b) Within three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by said act; or

PROVIDED, That the time limit for commencement of an action under this section is tolled for a child until the child reaches the age of eighteen years.

(2) The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan of sexual abuse or exploitation.

(3) The knowledge of a custodial parent or guardian shall not be imputed to a person under the age of eighteen years.

(4) For purposes of this section, “child” means a person under the age of eighteen years.

(5) As used in this section, “childhood sexual abuse” means any act committed by the defendant against a complainant who was less than eighteen years of age at the time of the act and which act would have been a violation of chapter 9A.44 RCW or RCW 9.68A.040 or prior laws of similar effect at the time the act was committed.

When the Washington legislature adopted the above statute of limitations in 1991, it made the following findings:

Notes:

“The legislature finds that:

(1) Childhood sexual abuse is a pervasive problem that affects the safety and well-being of many of our citizens.

(2) Childhood sexual abuse is a traumatic experience for the victim causing long-lasting damage.

(3) The victim of childhood sexual abuse may repress the memory of the abuse or be unable to connect the abuse to any injury until after the statute of limitations has run.

(4) The victim of childhood sexual abuse may be unable to understand or make the connection between childhood sexual abuse and emotional harm or damage until many years after the abuse occurs.

(5) Even though victims may be aware of injuries related to the childhood sexual abuse, more serious injuries may be discovered many years later.

(6) The legislature enacted RCW 4.16.340 to clarify the application of the discovery rule to childhood sexual abuse cases. At that time the legislature intended to reverse the Washington supreme court decision in Tyson v. Tyson, 107 Wn.2d 72, 727 P.2d 226 (1986).

It is still the legislature’s intention that Tyson v. Tyson, 107 Wn.2d 72, 727 P.2d 226 (1986) be reversed, as well as the line of cases that state that discovery of any injury whatsoever caused by an act of childhood sexual abuse commences the statute of limitations. The legislature intends that the earlier discovery of less serious injuries should not affect the statute of limitations for injuries that are discovered later.”

If you survived childhood sexual abuse, please contact us so we can explain your options and ensure your rights are protected.

December 9, 2011

Area Youth Worker Charged In Child Rape

The (Tacoma) News Tribune’s Adam Lynn is reporting that the King County Prosecutor’s office has charged 25 year-old Luis A. Rodriguez of Lacey, a former youth program director at the YMCA in Puyallup with one count of second-degree child molestation, one count of third-degree child molestation and one count of third-degree child rape. According to the report, Rodriguez was also an assistant coach for Puyallup’s Cascade Christian High School football team and a volunteer at Champions Centre church in Tacoma.

Court records indicate that much of the alleged abuse happened at a house on church grounds and at Rodriguez’s Federal Way home.

If you have been the victim of sexual abuse, you are not alone. The attorneys at Pfau Cochran Vertetis and Amala have helped many survivors obtain the counseling, justice, and closure they deserve.

To learn more, give us a call at (253)777-0798 or (253)203-6747.

December 2, 2011

$95 million to in-home care provider class action members

Today, Judge Thomas McPhee awarded more than $95 million to our in-home care providers in the class action case of Rekhter v. State of Washington. In his ruling, Judge McPhee affirmed the original $57 million verdict from a Thurston County jury delivered back in February, and then added an additional $38 million in interest covering the 5-year timeframe when DSHS in-home care providers’ compensation was unlawfully cut by the State.

DSHS now has 30 days to appeal the final judgments (January 3). Based upon its prior actions, we anticipate DSHS will appeal straight to Washington’s Supreme Court. That process could take anywhere from a year and a half to two years or more. Washington’s Supreme Court tries to get opinions out within about 18 months from the date of an appeal (on average), but, in reality, they have as long as necessary to get their opinions out. Being a large case and public funds involved, the Justices could take their time with the appellate review. In the meantime, the judgment will collect 12% in interest, amount to roughly $30,000 per day on the total amount of the judgment. We will keep you posted as developments unfold.

We at PCVA are very proud to represent all of you. Your patience through this long and sometimes difficult process has been greatly appreciated. If you have any further problems with DSHS, the State of Washington or if you have any other legal matter where you feel your rights have been violated, please give us a call.

Read the 2011-12-02 FINDINGS OF FACT AND CONCLUSIONS OF LAW
Read the 2011-11-02 AMENDED FINAL JUDGMENT ON JURY VERDICT – PROVIDER CLASS
Read the 2011-12-02 FINAL JUDGMENT – CLIENT CLASS

News updates

Seattle Times: Judge: DSHS owes $96 million to caregivers

October 17, 2011

Tierra Crockrell in the University Place Patch

VIDEO: Meet Tierra Crockrell, University Place’s Own Track-And-Field Phenom

The 10-year-old who is shattering records at meets across the country has her sights set high. Her coach, NFL great Eric Metcalf, says nothing is impossible for Tierra on the track.

See the article here.

October 17, 2011

Live under the new runway at Sea-Tac?

Click here to see more information about what our firm is doing to help those affected by the Third Runway.

You may know that a class action lawsuit has been filed to recover real property value damages that the Port of Seattle’s Third Runway operations have caused. But over two years has passed since that lawsuit was first filed because the Port is still fighting to prevent the class action from going forward. As of today, the Court is not scheduled to rule on class certification until November 18, 2011.

Even if the Court certifies that class action, it is *only* for damage to the value of your real property (e.g., the Third Runway has reduced the value of your real property). The class action lawsuit will *not* cover other damages, like personal injury, annoyance, or damage to property other than real property.

September 2, 2011

More Olympia Early Learning Center suits filed

A parent of a youngster formerly enrolled at the now-defunct Olympia Early Learning Center has sued the child care facility, alleging that a former assistant teacher molested her son, according to the suit.

The former assistant teacher at the Olympia Early Learning Center’s McPhee Road site, Elisha Tabor, 20, was sentenced in July to 18 years to life in prison for raping a 5-year-old pupil in the child’s home and a 4-year-old pupil at work.

The civil lawsuit filed Thursday alleges that a boy was molested by Tabor while he was between the ages of 2 months and 4 years old while enrolled at the Olympia Early Learning Center’s McPhee Road site between 2007 and 2010, attorney Darrell Cochran said.

Cochran said that the boy identified in his lawsuit filed in Thurston County Superior Court on Thursday is not one of the children that Tabor was convicted of molesting or raping.

For more on this story, see Saturday’s Olympian.

August 19, 2011

Gary Shafer Sentenced to 14.5 Years to Life for Molesting kids on an Olympia School Bus

Tacoma Attorney Darrell L. Cochran is representing families of children molested by Gary Shafer, who was employed by the Olympia School District. If you or someone you know has children that potentially have been inappropriately handled by Shafer, please call our office at 1-800-259-PCVA.

Below is the full text of the story running today in the Olympian.

A former Olympia school bus driver was sentenced to 14½ years to life in prison Thursday for sexually assaulting two 6-year-old girls in December, while he was acting as a helper on a route for Centennial Elementary School.

The girls’ mothers broke into tears as they addressed the court during Gary Shafer’s sentencing before Thurston County Superior Court Judge Gary Tabor.

One of the mothers noted that Shafer sat in her daughter’s seat so he could groom her for molestation.

“Not only did you ruin her very first year of school, but you also scarred her for life,” she said.

The other child’s mother ruefully noted that she had reassured her daughter the school bus would be safe.

“Little did I know I was tossing her into the arms of a pedophile,” she said.

Shafer’s role as a helper involved riding as a passenger to learn another driver’s route so he’d know it as a substitute.

Shafer, 32, of Port Orchard, earlier had pleaded guilty to two counts of first-degree child molestation and one count of possession of child pornography for images that later were found on his computer. He also pleaded guilty under an Alford plea to an additional count of first-degree child molestation.

Under an Alford plea, a defendant maintains his or her innocence but admits there is enough evidence to convict. It carries the same sanction and prison sentence as a standard conviction.

Shafer’s attorney, Charles Lane, noted that Shafer, unlike nearly all of the other sex offenders he has represented, has admitted he has a problem.

Shafer had worked for the Olympia School District since October 2005. He was placed on administrative leave the first week of January, when the Sheriff’s Office contacted him about the allegations. He resigned Jan. 19.

Shafer’s most recent bus assignment was Route 41, which serves Reeves Middle and Hansen Elementary schools. District spokesman Peter Rex has said Shafer passed a criminal background check when he was hired. He has added that Shafer had no other disciplinary actions on his employment record with the district.

The parents of one of the girls sued the district, seeking $2.25 million. According to a tort claim notice sent by Tacoma attorney Darrell Cochran to Assistant Superintendent Jennifer Priddy, the “district’s lack of oversight and lack of response to a clearly dangerous situation is really appalling.”

In a prior interview, Cochran said he wants to know more about what the driver of the bus on Shafer’s route saw and whether he tried to prevent Shafer from having children sit on his lap.

Judge Tabor noted Thursday that Shafer has admitted to “grooming” the young girls over time so he could gain their trust. Tabor said he was troubled by that admission.

Shafer apologized to his victims, who were not in the courtroom, and their families before he was sentenced.

The state’s Indeterminate Sentencing Review Board will periodically review Shafer’s case and treatment to see whether he is eligible for release. If he is not, he could spend the rest of his life in prison under state law.

Jeremy Pawloski: 360-754-5465

jpawloski@theolympian.com

July 26, 2011

DSHS In-Home Care Provider Class Action – Update

Recently, on July 1, 2011, Judge McPhee ruled in our favor and awarded pre and post-judgment interest to the class. What does this mean? Our accountant expert has calculated prejudgment interest on the Jury’s verdict at over $30 million dollars (a preliminary estimate). This would be added to the Jury’s verdict. Therefore, we believe that the total judgment now likely exceeds $90 million. In addition, post-judgment interest at a rate of 12% per annum will be applied to the judgment on a going forward basis. This could be up to $900K per month in post-judgment interest (another preliminary estimate).

What happens next? Judge McPhee will prepare his Findings of Fact and Conclusion of Law (“FFCL”) on the Beneficiary Class claim. Both sides have submitted their proposed FFCL to Judge McPhee for review.

We really appreciate your continued patience with the process. As complex and as important as this case is to everyone involved, the process moves very deliberately and probably frustratingly slow for many of you. Based upon the Court’s scheduling, it may take another six months before final judgment is entered. As judge McPhee indicated at an earlier hearing, he is taking a very careful and deliberate approach because the case involves the public’s money. Rest assured, however, that we are doing everything possible to try and push everything to final resolution as quickly as possible.

As always, if you have any questions, feel free to call or email me.

Darrell L. Cochran is a Tacoma attorney who specializes in Government Liability claims. Contact us today to discuss your potential case and schedule a free consultation.

July 15, 2011

OELC Downtown to Close

From the Olympian:

OLYMPIA – The Olympia Early Learning Center’s downtown branch on Capitol Way will close July 29, according to a spokeswoman from the state Department of Early Learning.

The closure is “self-initiated,” she said. Officials at the center could not be reached for comment Thursday. The center closed a second site, on McPhee Road, in mid-April. The Department of Early Learning is investigating a complaint in January that the center failed to report an abuse allegation at that site. In February, the department put the site on its do-not-refer list, and its license is inactive.

In early July, a judge in Olympia sentenced a former assistant teacher at the McPhee Road site to 18 years to life in prison for raping a 5-year-old at the pupil’s home and molesting a 4-year-old pupil at work.

Elisha Tabor, 20, had earlier pleaded guilty to one count of first-degree child rape and two counts of first-degree child molestation. He had worked at the McPhee Road site from May 2008 to January 2011 when the allegations came to light.

Tacoma Attorney Darrell Cochran is representing the families of children molested at OELC. If you have any information, please contact us today.