Confidential

Facts

Plaintiff John Doe, a severely emotionally disturbed child, became a client of a day treatment facility operated by
the Mental Health Department of defendant County of Sonoma in 1997 at the age of eight. The day treatment
center was a jointly managed facility. Defendant County of Sonoma provided mental health staff to counsel the
individual students. Defendant Redwood Institute for Designed Education ("RIDE") contracted with the
Sonoma County Office of Education to provide the educational component of the program.
In December 1997, RIDE hired Keith Brown to act as a one-to-one educational aide for the minor
plaintiff during the school day. Later, at the recommendation of Sonoma County Mental Health
staff, Brown was hired by the minorÆs mother to provide respite care services for after-school and
vacation periods. He continued in this role for over two years.

PLAINTIFF'S CONTENTIONS:
The plaintiff contends that, during the period that Brown was employed by RIDE and simultaneously working as a respite worker, he molested the minor plaintiff repeatedly. The plaintiff conceded that these acts of molestation did not occur at the day treatment program facility. It was the plaintiff's contention that RIDE and the County were negligent in failing to observe and understand the significance of predictive behavior committed by Brown in the presence of co-employees at the day treatment center, which "grooming" behavior indicated the possibility of sexually inappropriate contact between Brown and the minor. The plaintiff specifically contended that RIDE was negligent in failing to discharge Brown as a result of his questionable, but nonsexual, behavior with this minor and others and that the County was negligent in failing to observe and appreciate such behavior and in recommending Brown as an appropriate respite care worker.

DEFENDANTS' CONTENTIONS:
Both defendants contended that the molestations to which Brown has now confessed occurred after the minor had ceased to be a student at the day treatment facility, but while Brown continued to act as a respite worker in the employ of the minor's mother. Both defendants further contended that Brown's conduct while acting as a one-to-one aide in the educational environment provided no notice of his sexual interest in this child or others.

In addition, both defendants argued that the plaintiff's mother did not express her own concerns about Brown to them and did not curtail Brown's access to her child despite developing such concerns. The defendants also argued that Brown was a third party tortfeasor whose intentional conduct was the sole cause of the plaintiff's damages. Finally, the defendants contended that although the molestations which Brown has not admitted were traumatic for the minor, such events did not change the course of this severely emotionally disturbed child's life.

Defendant County of Sonoma asserted the claim against its staff was governed by MICRA limitations.

Injuries

Although the minor plaintiff was emotionally disturbed prior to the molestation, the acts committed upon him caused him the additional burden of post-traumatic stress disorder, undermining his ability to control his behavior and requiring placement in a residential treatment facility.

Result

Total Settlement: $900,000 ($300,000 from County of Sonoma and $600,000 from Redwood Institute for Designed Education). The matter was mediated on two separate occasions, first in January 2004 and again in August 2005. The settlement was finalized on Nov. 9, 2005. The discussions leading to the settlement were overseen by JAMS mediator William B. Bettinelli.

Other Information

PLEASE PROVIDE THE CITY OF LOCALE OF EXPERTS: John Skorski ___________, Michael Vernard ___________, Ron Garrison ______________, Lenore Terr _____________, John Podboy ______________, Joseph Narvik ________________, Herman Axelrod ___________