[VIDEO] 8 plaintiffs claim sexual abuse & coverup at Benton facility, Lawsuit filed

Luke Hudson (pictured above) and 7 other plaintiffs claim sexual abuse & coverup at Timber Ridge Neurorestorative Rehabilitation Ranch. Scroll down to see VIDEO of press conference.

A Hot Springs man and others are accusing a medical facility in Saline County of several types of abuse of patients, including sexual abuse of minors. The group, including Luke Hudson and 7 other plaintiffs, filed a lawsuit Tuesday, January 9, 2024 against Timber Ridge Neurorestorative Rehabilitation Ranch, a medical facility to treat brain injuries in children and adults. The lawsuit alleges sexual assault, rape, physical assault, emotional and mental abuse. It also alleges the facility concealed the matters.

Hudson said that as an 11-year-old at the facility, he was sexually assaulted by staff. He said when he tried to tell someone, that staff retaliated and further abused him with assaults. He stated that staff also forced him to participate in a bloody fight with another patient. There are more details in the documents below.

Hudson said he made the difficult decision to speak out, because, “I want to expose the truth and seek justice for what I and other survivors of sexual abuse have gone through.”

He continues, “I want to prevent this from happening to anyone else who may be in need of care and rehabilitation – and I want to boldly say that I’m not afraid anymore.”

Timber Ridge did not have a statement as this article was published. Watch for updates.

See the video below ?? along with the full text of the lawsuit.

See the full text below of the lawsuit filed. This includes the names of the plaintiffs, their legal team, all of the defendants named in the suit, and lists of claims by each plaintiff.

THE CIRCUIT COURT OF SALINE COUNTY, ARKANSAS CIVIL DIVISION

(1) LUKE HUDSON; (2) TIFFANY FORTNER; (3) ANDREA OLIVER; (4) H.B., a minor, by and through their mother, A.B.; (5) COLTON MILLER; (6) B.A., a minor, By and through their mother, C.A.; (7) TRACY CARTER; and
(8) CHRISTOPHER HARWELL

V. NO. _

(1) MENTOR ABI, LLC d/b/a Timber Ridge Ranch; (2) NATIONAL MENTOR HOLDINGS, INC.; (3) TIMBER RIDGE GROUP, LLC; (4) ROB MCDANIEL, as
agent of MENTOR ABI, LLC d/b/a Timber Ridge Ranch; (5) MARY LEWIS, as
agent of MENTOR ABI, LLC d/b/a Timber Ridge Ranch (6) RAMON MOORE, as agent of MENTOR ABI, LLC d/b/a Timber Ridge Ranch; (7) GARY GRAHAM, as agent of MENTOR ABI, LLC d/b/a Timber Ridge Ranch; (8) UNKNOWN DEFENDANTS I-VII, agents of MENTOR
ABI, LLC d/b/a Timber Ridge Ranch; and
(8) UNKNOWN DEFENDANTS VIII-X.

PLAINTIFFS

DEFENDANTS

COMPLAINT

NOW COMES Plaintiffs 1-8, by and through their attorney, Paul Byrd of the Paul Byrd Law Firm, PLLC, and for their Complaint against Defendants Mentor ABI, LLC, d/b/a Timber Ridge Neurorestorative Ranch, and its agents detailed herein; National Mentor Holdings, Inc. and its agents detailed herein; Timber Ridge Group, LLC and its agents detailed herein; Rob McDaniel as an agent of Mentor ABI, LLC; Mary Lewis as an agent of Mentor ABI, LLC; Ramon Moore as an agent of Mentor ABI, LLC; Gary Graham as an agent of Mentor ABI, LLC; Unknown Defendants I-VII as agents of Mentor ABI, LLC; and Unknown Defendants VIII-X, hereby state as follows:
PARTIES, JURISDICTION, AND VENUE

A. Plaintiffs

1. Luke Hudson is an adult citizen and resident of the State of Arkansas. At all times relevant to the tortious conduct alleged in this Complaint, Hudson was an unemancipated minor residing in Garland County, Arkansas.
2. Tiffany Fortner is an adult citizen and resident of the State of Arkansas. At all times relevant to the tortious conduct alleged in this Complaint, Fortner was an unemancipated minor residing in Sharp County, Arkansas.
3. Andrea Oliver is an adult citizen and resident of the State of Arkansas. At all times relevant to the tortious conduct alleged in this Complaint, Oliver was an unemancipated minor residing in Garland County, Arkansas.
4. H.B. is a minor and resident of the State of Arkansas. At all times relevant to the tortious conduct alleged in this Complaint, H.B. was an unemancipated minor residing in Benton County, Arkansas.
5. Colton Miller is an adult citizen and resident of the State of Arkansas. At all times relevant to the tortious conduct alleged in this Complaint, Miller was an unemancipated minor residing in Greene County, Arkansas.
6. B.A. is a minor and resident of the State of Arkansas. At all times relevant to the tortious conduct alleged in this Complaint, B.A. was an unemancipated minor residing in Izard County, Arkansas.

7. Tracy Carter is an adult citizen and resident of the State of Arkansas. At all times relevant to the tortious conduct alleged in this Complaint, Carter was an unemancipated minor residing in Cross County, Arkansas.
8. Christopher Harwell is an adult citizen and resident of the State of Ohio. At all times relevant to the tortious conduct alleged in this Complaint, Harwell was an unemancipated minor residing in Van Buren County, Arkansas.

B. Defendants

9. Defendant Mentor ABI, LLC (herein “Mentor ABI”) 1s a Foreign Limited Liability Company organized in the State of Delaware.
l0. In 2010, Mentor ABI registered as a Foreign Limited Liability Company with the Arkansas Secretary of State on February 4, 20 I 0.
11. Around the time of registering with the Arkansas Secretary of State, “Timber Ridge Group, Inc.” was listed as a subsidiary of Mentor ABl’s parent company, Defendant National Mentor Holdings, Inc. when filing their Form I0-K with the United States Securities and Exchange Commission in 2010.
12. Pursuant to the Arkansas Secretary of State website, “Timber Ridge Group, Inc.” was an Arkansas For Profit Corporation which had been in continuance existence since l 995.
13. “Timber Ridge Group, Inc.” is now listed on the Arkansas Secretary of State’s website as “merged.”
14. The same Form 10-K from 20 l0 shows that Mentor ABI began doing business under the names “Neurorestorative Timber Ridge Ranch” and “Timber Ridge Ranch Neurorestorative.”
15. When filing their Form 10-K with the United States Securities and Exchange Commission in 2014, National Mentor Holdings, Inc., “Timber Ridge Group, Inc.” was no longer listed as a subsidiary of Mentor ABl’s parent company and that Mentor ABI was doing business under the name “Neurorestorative Timber Ridge”.
16. As a result of the merger between Mentor ABI and Timber Ridge Group, Inc.,

Mentor ABI assumed all assets and liabilities of Timber Ridge Group, Inc.

17. At the time of the merger, Timber Ridge Group, Inc. owned and managed a facility known as “Timber Ridge Ranch” in the City of Benton, Saline County, Arkansas.
18. Mentor ABI has continued Timber Ridge Group, Inc.’s operation of Timber Ridge Ranch at all points since the merger, and has registered the fictitious names “Neurorestorative Arkansas,” “Neurorestorative Timber Ridge,” and “Timber Ridge Ranch Neurorestorative” with the Arkansas Secretary of State’s Office.
19. Mentor ABl’s Timber Ridge Ranch is a residential facility that provides treatment and rehabilitation services for children and adolescents with neurological and behavioral disorders located at 15000 State Hwy 298, Benton, Saline County, Arkansas 720 I9 under the Fictitious names “Timber Ridge Ranch Neurorestorative,’ “Neurorestorative Timber Ridge,’· and “Neurorestorative Arkansas.”
20. Mentor ABl’s Timber Ridge Ranch is a “long-term care facility” as that term is defined in Ark. Code Ann. 12-12-1703( 11).
21. Mentor ABI’s Timber Ridge Ranch is and was subject to the rules and regulations promulgated by the Department of Health and Human Services, Division of Economic and Medical Services, Office of Long-Term Care.
22. Defendant Rob McDaniel is currently the Executive Director of Mentor ABl’s

Timber Ridge Ranch location in the City of Benton, Saline County, Arkansas, having worked at the location at all times relevant to this Complaint.

23. Defendant Rob McDaniel was an employee at and agent of Timber Ridge Group, Inc. at all times relevant to this Complaint prior to the merger, and an employee of Mentor ABI at all times relevant to this Complaint after the merger.
24. Defendant Rob McDaniel is a professional and person who was in a position of trust or authority over Plaintiffs and was medical personnel engaged in the admission, examination, care, and treatment of Plaintiffs and/or was a nurse, social worker, childcare worker, and mental health professional engaged in the treatment of Plaintiffs and other similarly situated children.
25. Defendant Mary Lewis is currently the Director of Mentor ABl’s Timber Ridge Ranch location in the City of Benton, Saline County, Arkansas, having worked at the location at all times relevant to this Complaint.
26. Defendant Mary Lewis was an employee at and agent of Timber Ridge Group, Inc. at all times relevant to this Complaint prior to the merger, and an employee of Mentor ABI at all times relevant to this Complaint after the merger.
27. Defendant Mary Lewis is a professional and person who was in a position of trust or authority over Plaintiffs and was medical personnel engaged in the admission, examination, care, and treatment of Plaintiffs and/or was a nurse, social worker, childcare worker, and mental health professional engaged in the treatment of Plaintiffs and other similarly situated children.
28. Defendant Gary Graham is currently the Clinical Evaluator for Mentor ABl’s Timber Ridge Ranch location in the City of Benton, Saline County, Arkansas, having worked at the location at all times relevant to this Complaint.
29. Defendant Gary Graham was an employee at and agent of Timber Ridge Group,

Inc. at all times relevant to this Complaint prior to the merger, and an employee of Mentor ABI

at all times relevant to this Complaint after the merger.

30. Defendant Gary Graham is a professional and person who was in a position of trust or authority over Plaintiffs and was medical personnel engaged in the admission, examination, care, and treatment of Plaintiffs and/or was a nurse, social worker, childcare worker, and mental health professional engaged in the treatment of Plaintiffs and other similarly situated children.
3I. Defendant Ramon Moore was an employee at and agent of Timber Ridge Group,

Inc. at all times relevant to this Complaint.

32. Defendant Ramon Moore is, or was at all times relevant to this complaint, a professional and person who was in a position of trust or authority over Plaintiffs and was medical personnel engaged in the admission, examination, care, and treatment of Plaintiffs and/or was a nurse, social worker, childcare worker, and mental health professional engaged in the treatment of Plaintiffs and other similarly situated children.
33. Unknown Defendants are/were, unless specifically stated otherwise, individuals and entities, including persons employed or contractually engaged by Mentor ABI or Timber Ridge Group, Inc., who-as agents of Mentor ABI or Timber Ridge Group, Inc.-otherwise harmed or allowed, by acts or omissions, harm to Plaintiffs while at the Timber Ridge facility. An Affidavit Regarding the Unknown Defendants is Attached hereto as Exhibit A pursuant to Ark. R. Civ. P. 4.
34. Despite diligent efforts by Counsel and Plaintiff, the identity of these Unknown Defendants remains unknown.
35. Unknown Defendants are professionals and persons who were agents of Mentor

Abi or Timber Ridge Group, Inc. and in a position of trust or authority over Plaintiffs and are medical personnel who were engaged in the admission, examination, care, and treatment of Plaintiffs and/or are nurses, social workers, childcare workers, and mental health professionals engaged in the treatment of Plaintiffs and other similarly situated children unless specifically stated otherwise.
36. As such, McDaniel, Lewis, Moore, Graham, and Unknown Defendants meet the

definition of “Mandated Reporters” under AR Code § 12-18-402 (2020).

37. As implied in the term “Mandated Reporters,” Defendants were mandated to report any instance in which they had reasonable cause to suspect that a child has been subjected to child maltreatment or observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.
38. While Plaintiffs were placed in the care of Timber Ridge Group, Inc. or Mentor ABI, Plaintiffs were repeatedly subjected to rape, sexual abuse, and child maltreatment by several employees.
39. This is an action to redress wrongs to Plaintiffs which occurred while Plaintiffs were juveniles at the Timber Ridge Ranch, including multiple claims for child neglect, negligence, outrage, and negligent hiring.
C. JURISDICTION AND VENUE

40. This court has jurisdiction over this action pursuant to Ark. Code Ann. § 16-13- 20I, as this is a justiciable matter not otherwise assigned pursuant to the Arkansas Constitution.
41. Venue is proper in this court pursuant to Ark. Code Ann. § 16-60-101, as the tortious conduct described herein occurred entirely within Saline County, Arkansas.

D. STATUTE OF LIMITATIONS

42. Plaintiffs’ claims are timely under the Justice for Vulnerable Victims of Sexual Abuse Act, codified at Ark. Code Ann. § 16-118-118.
FACTS

A. Timber Ridge Ranch

43. In 1984 Timber Ridge Ranch was opened in Benton, Arkansas.

44. Mentor ABI advertises that the facility at Timber Ridge Ranch offers “a continuum of community-based, inpatient treatment and supported living programs for children and adults with brain injury and other neurological challenges.”1
45. Mentor ABI lists on its Timber Ridge Ranch website that Timber Ridge Ranch is “one of the largest pediatric brain injury facilities in the country and has helped hundreds of children and adolescents receive the specialized supports, therapies and education they need in a setting that promotes growth and independence.”

1 All quotes and images from Mentor ABI regarding the Timber Ridge Ranch were obtained at: https://ncurorestorativc.com/state-location/benton/

46. To date, Mentor ABI still advertises the following litany of services:
Services

Photograph 1: Timber Ridge Ranch Advertised Services.

47. Timber Ridge Ranch, its management and its staff are required by state to: (1) investigate all claims of maltreatment, including inappropriate sexual contact; and (2) report all claims to the local law enforcement agency.
B. Prior Violations of Arkansas Code at Timber Ridge Ranch

48. In July and August of 2007, the Arkansas Office of Long-Term Care, m an unannounced survey, discovered and substantiated allegations of sexual misconduct by employees of what was then Timber Ridge Group, Inc. at the Timber Ridge Ranch.
49. Timber Ridge Group, Inc. was subsequently merged into Defendant Mentor ABI.

50. In that survey, The Office of Long-Term Care also determined that, not only had Timber Ridge Ranch failed to report the incidents, but also that Timber Ridge had no records or proof to substantiate that it had even investigated the alleged incidents.
51. According to the Office of Long-Term Care documents, Timber Ridge did not

investigate the allegations of misconduct by its staff and simply “assumed” that the allegations were made up by the survivors.
52. As a result of the July and August 2007 complaint survey, Timber Ridge Group,

Inc. was fined by the Arkansas Department of Human Services, Division of Medicaid Services, Office of Long-Term Care, for violations of § 209 (failure to have required evidence of criminal record checks) and§ 407 (failure to maintain a safe environment/facility/residence).
53. On December 10, 2007, a follow-up survey was conducted and Timber Ridge Group, Inc. was again cited for failure to have evidence of criminal record checks on its employees.
54. During the December 10, 2007 survey, the Office of Long-Term Care noted a second deficiency resulting in a Class B violation which related directly to the facts and circumstances giving rise to the first Class B violation. In its December 20, 2007 correspondence to Rob McDaniel, the director of the Arkansas Department of Human Services Office of Long-Term Care noted that, pursuant to Ark. Code Ann. § 20-10-206, a third Class B violation occurring within a six month period from the first violation “shall result in proceedings being commenced for termination of the facility’s Medicaid agreement and may result in proceedings being commenced for revocation of the licensure of the facility.” Thus, a third violation within six months would result in the likely revocation of its ability to receive Medicaid reimbursement for services.
55. Defendant Rob McDaniel was an employee at Timber Ridge Ranch during each of the events described in this Complaint.
56. As evidenced by the findings of the Office of Long-Term Care, the consistent policy at the Timber Ridge Ranch, which was directly aided by Defendant Rob McDaniel, was to overtly conceal any instances of its employees or agents sexually assaulting, raping, or otherwise harming the inpatients of Timber Ridge Ranch.
C. Luke Hudson

57. Luke Hudson was admitted to Timber Ridge Ranch in 2002 for treatment of neurological and behavioral disorders.
58. At the time Luke Hudson was admitted to Timber Ridge Ranch, he was eleven years old.
59. As a Minor at the time of the events described herein, Luke Hudson qualifies as a “Vulnerable Victim” pursuant to A.C.A. § 16-118-l 18(a)(6).
60. Luke Hudson was provided with information regarding Timber Ridge Ranch designed to create the impression that Timber Ridge Ranch was meant to feel like a fun kids summer camp where he would simultaneously receive treatment.
61. Mentor ABI, through its officers, directors, management and staff made a conscious decision to commit acts in willful violation of the law and to ignore its duty to investigate and report claims related to the mistreatment of patients, including allegations of inappropriate sexual contact, deviant sexual activity, and/or rape.
62. Mentor ABI, its management and its staff repeatedly refused to comply with Arkansas statutory rules and regulations, has chosen not to investigate claims or report instances of alleged maltreatment and abuse to law enforcement or other outside authorities, and has chosen instead to simply pay the fine when it was found to be in violation for non reporting.
63. Throughout the 1990’s, 2000’s, 2010’s, and 2020’s, multiple employees and/or agents of Mentor ABI engaged in inappropriate and illegal sexual conduct and deviant sexual

acts with patients, one of whom was Luke Hudson.

64. During his stay at Timber Ridge Ranch, Luke Hudson was subjected to repeated and severe sexual abuse by agents, servants, and/or employees of Defendant Mentor ABI.
65. The repeated sexual abuse of Luke Hudson began on Luke Hudson’s first day at the Timber Ridge Ranch, where Luke Hudson was taken to the pond on the Timber Ridge Ranch property by an Unknown Defendant, who was an employee or agent of Mentor ABI.
66. The aforementioned Unknown Defendant told each of the juveniles in the group, including Luke Hudson, that they would have to be “strip searched” before they could return to the cabin.
67. The juveniles, including Luke Hudson, were made to drop their pants and their underwear, at which point the Unknown Defendant, would stand behind each of the juveniles and rest his head on their shoulders while fondling their genitals.
68. After this initial sexual abuse occurred, Luke Hudson reported the abuse to the Program Director, Defendant Mary Lewis.
69. Upon information and belief, Mentor ABI was place on notice prior to the sexual abuse that the aforementioned Unknown Defendant presented a danger to inpatients at Timber Ridge Ranch as a result of previous similar conduct.
70. Rather than investigating the abuse, Defendant Mary Lewis accused Luke Hudson of lying about the abuse.
71. Defendant Mary Lewis did not report the abuse to any state entity.

72. As a result of Luke Hudson reporting the abuse that he suffered, he was retaliated against by the staff, including repeatedly putting Luke Hudson in dangerous containment holds, pulling him out of his bed at random hours of the night to partake in manual labor, and

ultimately sexual abuse.

73. As a further result of the reporting, Luke Hudson was repeatedly prevented from having phone calls with his family, or having any visitation with his family. On one occurrence, an Unknown Defendant, who was an employee at Timber Ridge Ranch, hung up a phone while Luke Hudson was attempting to disclose the abuse to his mother.
74. On another occasion, Luke Hudson’s mother was on site at the Timber Ridge Ranch for a visitation. However, Luke Hudson’s mother was told that his visitation privileges were taken away.
75. While Luke Hudson could see his mother from a distance, he was placed in a containment hold by Defendant Ramon Moore.
76. Luke Hudson tried to escape the containment hold and was subsequently taken to the ground by Defendant Ramon Moore.
77. Defendant Ramon Moore took off Luke Hudson’s pants and penetrated Luke Hudson’s anus with the Defendant’s thumb while simultaneously grabbing Luke Hudson’s testis.
78. Luke Hudson reported this severe sexual abuse to Defendant Gary Graham, who was a “Program Representative” at Timber Ridge Ranch at the time of the abuse and is still an employee of Mentor ABI to this day. Defendant Gary Graham did not report or investigate the abuse.
79. After Luke Hudson reported the abuse to Defendant Gary Graham, Luke Hudson’s entire cabin was punished, by having everyone’s visitations and communications with their families restricted.
80. After this, Luke Hudson was repeatedly sexually abused by Defendant Ramon

Moore.

81. Upon information and belief, Mentor ABI was place on notice prior to the sexual abuse that the aforementioned Defendant Ramon Moore presented a danger to inpatients at Timber Ridge Ranch as a result of previous similar conduct
82. On each of the occasions, Mentor ABI failed to properly investigate the allegations, to discipline its employees, or to take reasonable steps to ensure that the conduct would not occur in the future.
83. Luke Hudson and others reported the sexual abuse to agents, servants, and/or employees of Defendant, facility and they repeatedly failed to take any action to protect Luke Hudson or to stop the abuse.
84. Instead, Timber Ridge Ranch’s employees intentionally and willfully neglected all reports of sexual abuse from Plaintiffs and also willfully covered up the reports by means of physical abuse as punishment, or by means of restricting visits and communication with family.
85. Defendant Moore, along with Unknown Defendants, over the course of several months, repeatedly raped and sexually abused Plaintiff’s while acting as agents and employees of Timber Ridge Group, Inc.
86. Defendants McDaniel, Lewis, and Graham, along with Unknown Defendants, over the course of several months, repeatedly ignored and failed to report Luke Hudson’s reports of being raped and sexually abused while acting as agents and employees of Timber Ridge Group, Inc.
87. As a result of Defendants’ actions and inactions, Luke Hudson suffered physical, emotional, and psychological injuries. Such injuries include, but not limited to: post-traumatic stress disorder, depression, anxiety, and suicidal ideation.

88. Luke Hudson’s injuries are permanent and require ongoing medical and mental health care.
D. Tiffany Fortner

89. Tiffany Fortner was admitted to Timber Ridge Ranch from approximately 1996 to 1997 at the ages of eight through ten.
90. Tiffany Fortner was placed at Timber Ridge after a car accident left her requiring months of medical treatment.
91. As a Minor at the time of the events described herein, Tiffany Fortner qualifies as a “Vulnerable Victim” pursuant to A.C.A. § l 6-118-118(a)(6).
92. While at Timber Ridge, Tiffany Fortner would repeatedly be placed in restraint by an Unknown Defendant when Tiffany Fortner was having any behavioral issues.
93. Said restraints included pinning Tiffany Fortner to the ground, placing a knee on Tiffany Fortner’s back, and continuing to use said holds over the cries of Tiffany Fortner that she could not breath.
94. On another occasion, the same Unknown Defendant pulled Tiffany J..”ortner out of bed, pinned her against the wall, and began grinding began grinding her genital area against Tiffany Fortner for the purpose of sexual gratification.
95. On several other occasions, an Unknown Defendant would repeatedly touch

Tiffany Fortner on her breasts, buttocks, and genital region.

96. Upon information and belief, Mentor ABI was place on notice prior to the sexual abuse that the aforementioned Unknown Defendant presented a danger to inpatients at Timber Ridge Ranch as a result of previous similar conduct.
97. Defendant Mentor ABI through its officers, directors, management and staff made

a conscious decision to commit acts in willful violation of the law and to ignore its duty to investigate and report claims related to the mistreatment of patients, including allegations of inappropriate sexual contact, deviant sexual activity, and/or rape.
98. Defendant Mentor ABI, its management and its staff repeatedly refused to comply with Arkansas statutory rules and regulations, has chosen not to investigate claims or report instances of alleged maltreatment and abuse to law enforcement or other outside authorities, and has chosen instead to simply pay the fine if/when it was found to be in violation for non reporting.
99. Throughout the l 990’s, 2000’s, 2010’s, and 2020’s, multiple employees and/or agents of Timber Ridge engaged in inappropriate and illegal sexual conduct and deviant sexual acts with patients, one of whom was Tiffany Fortner.
100. As a result of Defendants’ actions and inactions, Tiffany Fortner suffered physical, emotional, and psychological injuries.
IO1. Tiffany Fortner’s injuries are permanent and require ongoing medical and mental health care.
E. Andrea Oliver

I02. Andrea Oliver was admitted to Timber Ridge Ranch from approximately 2001- 2003.
103. At the time Andrea Oliver was admitted to Timber Ridge Ranch, she was approximately ten years old.
I04. As a Minor at the time of the events described herein, Andrea Oliver qualifies as a “Vulnerable Victim” pursuant to A.C.A. § l 6- l l 8- l l 8(a)(6).
105. Mentor ABI through its officers, directors, management and staff made a

agents of Mentor ABI engaged in inappropriate and illegal sexual conduct and deviant sexual acts with patients, one of whom was Andrea Oliver.
108. During her stay at Timber Ridge Ranch, Andrea Oliver was subjected to repeated and severe physical and sexual abuse by agents, servants, and/or employees of Defendant Mentor ABI, including Defendant Ramon Moore, an agent and employee of Defendant Mentor ABI.
109. During Andrea Oliver’s stay at Timber Ridge Ranch, Defendant Ramon Moore began grooming Andrea Oliver by stating that he was required, presumably as a condition of his employment at Timber Ridge Ranch, to accompany Andrea Oliver to the restroom.
110. Defendant Ramon Moore informed Andrea Oliver that she was required to keep the door ajar while using the restroom, presumably pursuant to Timber Ridge Ranch policies.
111. As time passed, Defendant Ramon Moore, began entering the bathroom while

Andrea Oliver was undressed.

112. As more time passed, Defendant Ramon Moore began calling Andrea Oliver into

an office for a “one on one assessment,” where he would forcibly rape Andrea Oliver by holding her down, removing her clothes, and penetrating her.
113. Upon information and belief, Mentor ABI was place on notice prior to the sexual

abuse that the aforementioned Defendant Ramon Moore presented a danger to inpatients at Timber Ridge Ranch as a result of previous similar conduct
114. On each of the occasions, Mentor ABI failed to properly investigate the

allegations, to discipline its employees, or to take reasonable steps to ensure that the conduct would not occur in the future.
115. Andrea Oliver and others reported the sexual abuse to agents, servants, and/or

employees of Defendant, facility and they repeatedly failed to take any action to protect

Andrea Oliver or to stop the abuse.

116. Instead, Timber Ridge Ranch’s employees intentionally and willfully neglected all reports of sexual abuse from Andrea Oliver and also willfully covered up the reports by means of physical abuse as punishment, or by means of restricting visits and communication with family.
117. Defendants McDaniel, Lewis, and Graham, along with Unknown Defendants, over the course of several months, repeatedly ignored and failed to report Andrea Oliver’s reports of being raped and sexually abused while acting as agents and employees of Timber Ridge Ranch.
118. As a result of Defendants’ actions and inactions, Andrea Oliver suffered physical, emotional, and psychological injuries.
119. Andrea Oliver’s injuries are permanent and require ongoing medical and mental health care.

F. H.B.

120. H.B. was admitted to Timber Ridge Ranch in 2018 and 2020 for medical services related to being diagnosed with Autism.
121. At the times H.B. was admitted to Timber Ridge Ranch, he was seven and nine

years old.

122. As a Minor at the time of the events described herein, H.B. qualifies as a “Vulnerable Victim” pursuant to A.C.A. § 16-118-118(a)(6).
123. Mentor ABI, through its officers, directors, management and staff made a conscious decision to commit acts in willful violation of the law and to ignore its duty to investigate and report claims related to the mistreatment of patients, including allegations of inappropriate sexual contact, deviant sexual activity, and/or rape.
124. Mentor ABI, its management and its staff repeatedly refused to comply with Arkansas statutory rules and regulations, has chosen not to investigate claims or report instances of alleged maltreatment and abuse to law enforcement or other outside authorities, and has chosen instead to simply pay the fine when it was found to be in violation for non-reporting.
125. During his 2020 stay at Timber Ridge Ranch, H.B. was subjected to repeated and severe sexual abuse by an Unknown Defendant who was also an inpatient staying at Timber Ridge Ranch.
126. Upon information and belief, Mentor ABI was place on notice prior to the sexual abuse that the aforementioned Unknown Defendant presented a danger to inpatients at Timber Ridge Ranch as a result of previous similar conduct
127. These repeated instances of severe sexual abuse occurred as a result of Mentor ABI repeatedly failing to take reasonable steps to ensure that the conduct would not occur in the

future.

128. After H.B. reported the abuse to an Unknown Defendant who was/is an agent or employee of Mentor ABI.
129. The Unknown Defendant who was/is an agent or employee of Mentor ABI failed

to report the abuse.

130. The abuse was only reported after H.B. was able to speak with his mother, A.B.,

who immediately filed a police report and removed H.B. from the facility.

131. As a result of Defendants’ actions and inactions, H.B. suffered physical, emotional, and psychological injuries.
132. H.B.’s injuries are permanent and require ongoing medical and mental health care.

G. Colton Miller

133. Colton Miller was admitted to Timber Ridge Ranch from 1998-1999 as a result of being placed in the Foster Care System.
134. At the time Colton Miller was admitted to Timber Ridge Ranch, he was eight years

old.

135. As a Minor at the time of the events described herein, Colton Miller qualifies as a “Vulnerable Victim” pursuant to A.C.A. § l 6-l l 8-l l 8(a)(6).
136. Mentor ABI through its officers, directors, management and staff made a conscious decision to commit acts in willful violation of the law and to ignore its duty to investigate and report claims related to the mistreatment of patients, including allegations of inappropriate sexual contact, deviant sexual activity, and/or rape.
137. Mentor ABI, its management and its staff repeatedly refused to comply with Arkansas statutory rules and regulations, has chosen not to investigate claims or report instances

of alleged maltreatment and abuse to law enforcement or other outside authorities, and has chosen instead to simply pay the fine when it was found to be in violation for non-reporting.
138. Throughout the 1990’s, 2000’s, 20lO’s, and 2020’s, multiple employees and/or agents of Mentor ABI engaged in inappropriate and illegal sexual conduct and deviant sexual acts with patients, one of whom was Colton Miller.
139. During his stay at Timber Ridge Ranch, Colton Miller was subjected to repeated and severe physical and sexual abuse by agents, servants, and/or employees of Defendant Mentor ABI.
140. On each of the occasions, Mentor ABI failed to properly investigate the allegations, to discipline its employees, or to take reasonable steps to ensure that the conduct would not occur in the future.
141. Colton Miller and others reported the sexual abuse to agents, servants, and/or employees of Defendant, facility and they repeatedly failed to take any action to protect Colton Miller or to stop the abuse.
142. Instead, Timber Ridge Ranch’s employees intentionally and willfully neglected all reports of sexual abuse from Plaintiffs and also willfully covered up the reports by means of physical abuse as punishment, or by means of restricting visits and communication with family.
143. While at Timber Ridge, multiple employees and/or agents of Mentor ABI would force juveniles to fight each other, and the employees/agents would gamble on the outcome of said fights.
144. After losing a fight, Colton Miller or other patients would be verbally and physically abused by the multiple employees and/or agents of Mentor ABI.
145. After Colton Miller lost a fight that he was forced to partake in an Unknown

Defendant, who was an employee and/or agent of Mentor ABI, said Unknown Defendant told

Colton Miller “you lost my fucking money. You’re going to have to make that back for me.”

146. That same Unknown Defendant forcibly pulled Colton Miller’s pants down and fondled Colton Miller’s genitals.
147. Upon information and belief, Mentor ABI was place on notice prior to the sexual

abuse that the aforementioned Unknown Defendant presented a danger to inpatients at Timber Ridge Ranch as a result of previous similar conduct.
148. Defendants McDaniel, Lewis, and Graham, along with Unknown Defendants, over the course of several months, repeatedly ignored and failed to report Colton Miller’s reports of being raped and sexually abused while acting as agents and employees of Timber Ridge Ranch.
149. As a result of Defendants’ actions and inactions, Colton Miller suffered physical, emotional, and psychological injuries. Such injuries include, but not limited to: post-traumatic stress disorder, depression, anxiety, and suicidal ideation.
150. Colton Miller’s injuries are permanent and require ongoing medical and mental health care.
H. B.A.

151. B.A. was admitted to Timber Ridge Ranch in early 2023 after suffering TBI from a car accident.
152. At the time B.A. was admitted to Timber Ridge Ranch, she was approximately fifteen years old.
153. As a Minor at the time of the events described herein, B.A. qualifies as a “Vulnerable Victim” pursuant to A.C.A. § 16-l 18-118(a)(6).
154. Mentor ABI through its officers, directors, management and staff made a

conscious decision to commit acts in willful violation of the law and to ignore its duty to investigate and report claims related to the mistreatment of patients, including allegations of inappropriate sexual contact, deviant sexual activity, and/or rape.
155. Mentor ABI, its management and its staff repeatedly refused to comply with Arkansas statutory rules and regulations, has chosen not to investigate claims or report instances of alleged maltreatment and abuse to law enforcement or other outside authorities, and has chosen instead to simply pay the fine when it was found to be in violation for non reporting.
156. Throughout the 1990’s, 2000’s, 20IO’s, and 2020’s multiple employees and/or agents of Mentor ABI engaged in inappropriate and illegal sexual conduct and deviant sexual acts with patients, one of whom was B.A.
157. During her stay at Timber Ridge Ranch, B.A. was subjected to repeated exposure of the breasts of an Unknown Defendant, who is or was an agent and/or employee of Defendant Mentor ABI, which were exposed for the sole purpose of the employee/agents sexual gratification.
158. During her stay at Timber Ridge Ranch, B.A. was subjected to inappropriate and illegal touching by an Unknown Defendant, who is or was an agent and/or employee of Defendant Mentor ABI, for the sole purpose of the employee/agent’s sexual gratification.
159. Upon information and belief, Mentor ABI was place on notice prior to the sexual abuse that the aforementioned Unknown Defendant presented a danger to inpatients at Timber Ridge Ranch as a result of previous similar conduct.
160. On each of the occasions, Mentor ABI failed to properly investigate the allegations, to discipline its employees, or to take reasonable steps to ensure that the conduct

would not occur in the future.

161. B.A. and others reported the sexual abuse to agents, servants, and/or employees of Defendant, facility and they repeatedly failed to take any action to protect B.A. or to stop the abuse.
162. Instead, Mentor ABl’s employees intentionally and willfully neglected all reports of sexual abuse from B.A. and also willfully covered up the reports by means of physical abuse as punishment, or by means of restricting visits and communication with family.
163. Defendants McDaniel, Lewis, and Graham, along with Unknown Defendants, over the course of several months, repeatedly ignored and failed to report B.A’s reports of being raped and sexually abused while acting as agents and employees of Timber Ridge Ranch.
164. As a result of Defendants’ actions and inactions, B.A. suffered physical, emotional, and psychological injuries.
165. B.A.’s injuries are permanent and require ongoing medical and mental health care.

I. Tracy Carter

166. Tracy Carter was admitted to Timber Ridge Ranch from 2005-2007 after being injured in a car accident.
167. At the time of Tracy Carter’s admission to Timber Ridge Range, her legal name was “Diamond Immel.”
168. At the time Tracy Carter was admitted to Timber Ridge Ranch, she was approximately nine to eleven years old.
169. As a Minor at the time of the events described herein, Tracy Carter qualifies as a “Vulnerable Victim” pursuant to A.C.A. § 16-118-l 18(a)(6).
170. Mentor ABI through its officers, directors, management and staff made a

conscious decision to commit acts in willful violation of the law and to ignore its duty to investigate and report claims related to the mistreatment of patients, including allegations of inappropriate sexual contact, deviant sexual activity, and/or rape.
171. Mentor ABI, its management and its staff repeatedly refused to comply with Arkansas statutory rules and regulations, has chosen not to investigate claims or report instances of alleged maltreatment and abuse to law enforcement or other outside authorities, and has chosen instead to simply pay the fine when it was found to be in violation for non reporting.
172. Throughout the 1990’s, 2000’s, 2010’s, and 2020’s multiple employees and/or agents of Mentor ABI engaged in inappropriate and illegal sexual conduct and deviant sexual acts with patients, one of whom was Tracy Carter.
173. During her stay at Timber Ridge Ranch, Tracy Carter was subjected to repeated sexual abuse by an Unknown Defendant, who is or was an agent and/or employee of Defendant Mentor ABI.
174. Upon information and belief, Mentor ABI was place on notice prior to the sexual abuse that the aforementioned Unknown Defendant presented a danger to inpatients at Timber Ridge Ranch as a result of previous similar conduct.
175. Each of these occasions occurred as the result of Mentor ABI’s failure to take reasonable steps to ensure that the conduct would not occur.
176. As a result of Defendants’ actions and inactions, Tracy Carter suffered physical, emotional, and psychological injuries.
177. Tracy Carter’s injuries are permanent and require ongoing medical and mental health care.

178. No care provider, caregiver, or other person in a position of trust or authority should ever rape, have sex with, or engage in deviant sexual activity with a “client,” “patient,” or “resident.”
179. There is no excuse or defense for any person providing care or treatment to

Plaintiffs to subject them to rape, sexual assault, child sex abuse, or deviant sexual activity.
J. Christopher Harwell

180. Christopher Harwell was admitted to Timber Ridge Ranch on three separate occasions from 1999-2000, 2003-2004, and again in 2005, after struggling with “behavior issues” resulting from undiagnosed autism.
181. At the time Christopher Harwell was admitted to Timber Ridge Ranch, she was approximately five to eleven years old.
182. As a Minor at the time of the events described herein, Christopher Harwell

qualifies as a “Vulnerable Victim” pursuant to A.C.A. § I 6-118-1 l 8(a)(6).

183. Mentor ABI through its officers, directors, management and staff made a conscious decision to commit acts in willful violation of the law and to ignore its duty to investigate and report claims related to the mistreatment of patients, including allegations of inappropriate sexual contact, deviant sexual activity, and/or rape.
184. Mentor ABI, its management and its staff repeatedly refused to comply with Arkansas statutory rules and regulations, has chosen not to investigate claims or report instances of alleged maltreatment and abuse to law enforcement or other outside authorities, and has chosen instead to simply pay the fine when it was found to be in violation for non reporting.
185. Throughout the l 990’s, 2000’s, 2010’s, and 2020’s multiple employees and/or

agents of Mentor ABI engaged in inappropriate and illegal sexual conduct and deviant sexual acts with patients.
186. During his stay at Timber Ridge Ranch, Christopher Harwell was subjected to

repeated physical abuse by an Unknown Defendant, who is or was an agent and/or employee of Defendant Mentor ABI.
187. During his stay at Timber Ridge Ranch, Christopher Harwell was subjected to repeated sexual abuse by an Unknown Defendant, who was also a patient at Timber Ridge Ranch.
188. Upon information and belief, Mentor ABI was place on notice prior to the sexual abuse that the aforementioned Unknown Defendant presented a danger to inpatients at Timber Ridge Ranch as a result of previous similar conduct.
189. Each of these occasions occurred as the result of Mentor ABl’s failure to take reasonable steps to ensure that the conduct would not occur.
190. As a result of Defendants’ actions and inactions, Christopher Harwell suffered physical, emotional, and psychological injuries.
191. Christopher Harwell injuries are permanent and require ongoing medical and mental health care.
COUNT I-NEGLIGENCE
(All Plaintiffs vs. Mentor ABI)

192. Plaintiffs hereby incorporate by reference all previous paragraphs as if fully set forth herein.
193. During the time that Plaintiffs were inpatients at Timber Ridge, and while incapacitated and unable to care for themselves, members of Mentor ABl’s staff, including Defendant Moore and other abusive staff members, listed as Unknown Defendants-who

had been hired and accepted the duty to rehabilitate and protect Plaintiffs, repeatedly sexually assaulted them.
194. The treatment and environment provided to Plaintiffs fell below the standards of

care applicable to Mentor ABI and resulted in severe and permanent harm to Plaintiffs, who had been admitted to stay there.
195. Mentor ABI had a duty of care to determine the mental and physical conditions of

Plaintiffs, to furnish Plaintiffs the care and attention reasonably required given their conditions, and to follow the orders and directions of Plaintiffs’ physicians.
196. Mentor ABI had a duty of care to provide as much attention to Plaintiffs’

conditions as Plaintiffs required.

197. Mentor ABI also had a duty to exercise care to protect Plaintiffs from harm at the hands of its agents and third parties and to warn Plaintiffs and Plaintiffs’ families of the dangers present at Timber Ridge Ranch with respect to injury at the hands of Mentor ABl’s agents and third parties.
198. Mentor ABI had assumed responsibility for virtually every aspect of Plaintiffs’ well-being. As such, Timber Ridge was in a position of trust and authority and had a special relationship with Plaintiffs.
199. As a result of the special relationship and via its contractual obligations, Mentor ABI accepted a duty to use care to protect Plaintiffs from foreseeable harm.
200. By offering its services to Plaintiffs and accepting payment therefore, Mentor ABI put itself in a position of owing a duty to Plaintiffs, which included a duty to protect Plaintiffs from foreseeable harm.
201. Mentor ABI was negligent and fell below the standard of care applicable to and

required of it in one or more of the following ways:

a. Failed to recognize the severity of Plaintiffs’ conditions and their inability to self monitor their behavior or to make informed, consensual decisions about the activity in which Plaintiffs engaged;
b. Failed to provide the reasonable care and protection necessitated by Plaintiffs’

conditions and to otherwise take reasonable measures to protect their health, safety, and well-being;
c. Failed to take reasonable steps to protect Plaintiffs from harm;

d. Failed to train its agents and/or employees on the reasonable steps to care for Plaintiffs

and ensure Plaintiffs’ safety and well-being;

e. Failed to supervise its agents and/or employees in a way to ensure Plaintiffs’ safety and well-being;
f. Failed to provide proper instruction, care or attention to assist Plaintiffs in monitoring

Plaintiffs’ behavior;

g. railed to warn Plaintiffs and Plaintiffs’ parents of the potential harm at the hands of its agents and other third parties;
h. Failed to provide proper instruction, care or attention in order to protect Plaintiffs from harm at Plaintiffs’ own hands;
1. Failed to create proper policies, procedures & protocols to reduce or eliminate the possibility of sexual abuse; and
j. Failed to create proper policies & procedures to investigate and report allegations of sexually inappropriate conduct.
202. In fact, in this case, the likelihood that a third party, including Mentor ABI agents,

could take advantage of Plaintiffs’ impaired mental states was one of the particular hazards Timber Ridge acknowledged.
203. Mentor ABI accepted the duty to protect Plaintiffs from an occurrence of that

situation and Mentor ABI failed to do so.

204. It was foreseeable that Mentor ABI’s agents or other third parties might avail themselves of the opportunity to commit an assault, battery, rape, or other tort or crime upon Plaintiffs due to their confinement in the facility and their impaired mental capacity.
205. Mentor ABI failed to exercise the required care when it realized, or should have realized, the likelihood that such a situation might or had been created and that its agents or other third parties might avail themselves of the opportunity to commit an assault, battery, rape, or other tort or crime upon Plaintiffs.
206. The natural and probable consequence of failing to provide a safe environment at a facility like Mentor ABl’s Timber Ridge Ranch is injury or assault, including sexual assault or sexual abuse.
207. Despite these natural and probable consequences, of which Mentor ABI knew or should have known, Mentor ABI continued to engage in a pattern which showed reckless disregard for these consequences from which malice could be inferred.
208. The type of harm suffered by Plaintiffs was foreseeable and Mentor ABI failed to exercise the necessary care to provide a safe environment, to protect Plaintiffs from harm, to adequately select and train its staff, and to have in place sufficient protocols to protect Plaintiffs from foreseeable injuries at the hands of its own agents and third parties.
209. Mentor ABI had a duty to see that Plaintiffs were provided reasonable care and attention and knew that the necessities of Plaintiffs’ conditions would require such care and

attention.

210. Mentor ABI breached its duty of care by failing to furnish Plaintiffs the care and attention reasonably required by Plaintiffs’ conditions.
211. As a direct and proximate result of Mentor ABl’s failure to use and reasonable

care, Plaintiffs suffered serious physical and emotional injuries more fully set forth below.

212. The damages set forth herein were proximately caused by Mentor ABl’s

negligence.

213. As a result of Mentor ABl’s negligence, Plaintiffs are entitled to recover damages as more fully described below.
214. Further, Mentor ABl’s actions were willful and wanton and committed with a reckless disregard of the consequences.
215. Mentor ABI knew or should have known, in light of the surrounding circumstances, that its conduct would naturally and probably result in injury.
216. Mentor ABI continued with its conduct with malice and in reckless disregard of the consequences from which malice can be inferred such that Plaintiffs are entitled to punitive damages under Arkansas law.
217. Plaintiffs are entitled to a punitive damages award for each and every separate occurrence of the wrongs described herein.
218. Plaintiffs are entitled to the maximum award allowed by law for each separate time Plaintiffs suffered a sexual assault or other tort while patients at Mentor ABl’s Timber Ridge Ranch, as well as a separate award for each independent reckless, willful, wanton, or malicious act.
COUNT II-NEGLIGENCE
(All Plaintiffs vs. Defendants McDaniel and Lewis as agents or employees of Mentor ABI)

219. Plaintiffs hereby incorporate by reference all previous paragraphs as if fully set forth herein.
220. During the time that Plaintiffs were inpatients at Mentor ABl’s Timber Ridge

Ranch, and while incapacitated and unable to care for themselves, members of Mentor ABl’s staff, including Defendant Moore and other abusive staff members, listed as Unknown Defendants-who had been hired and accepted the duty to rehabilitate and protect Plaintiffs, repeatedly sexually assaulted them.
221. The treatment and environment provided to Plaintiffs fell below the standards of care applicable to Mentor ABI and resulted in severe and permanent harm to Plaintiffs, who had been admitted to stay there.
222. Defendants McDaniel and Lewis were the administrators at the Timber Ridge Ranch and had a duty to implement and uphold policies which would secure a safe environment for Plaintiffs.
223. Mentor ABI and its employees, including Defendants McDaniel and Lewis, are

covered by and subject to Ark. Code Ann. 12-12-1701 et seq. which requires it and them to report all allegations of harm to patients, including sexual misconduct by its staff, to the local law enforcement agency and the Office of Long-Term Care.
224. Despite this requirement, Defendants Mentor ABI, McDaniel, and Lewis adopted and followed a policy whereby no reports of allegations of harm to patients would be made to outside agencies or legal authorities.
225. Defendants McDaniel and Lewis also had a duty to exercise care to protect Plaintiffs from harm at the hands of its agents and third parties and to warn Plaintiffs and Plaintiffs’ families of the dangers present at Timber Ridge Ranch with respect to injury at the

hands of Mentor ABl’s agents and third parties.

226. Defendants McDaniel and Lewis had assumed responsibility for virtually every aspect of Plaintiffs’ well-being. As such, Timber Ridge was in a position of trust and authority and had a special relationship with Plaintiffs.
227. As a result of the special relationship and via its contractual obligations, Defendants McDaniel and Lewis accepted a duty to use care to protect Plaintiffs from foreseeable harm.
228. Defendants McDaniel and Lewis were negligent and fell below the standard of care applicable to and required of it in one or more of the following ways:
a. Failed to recognize the severity of Plaintiffs’ conditions and their inability to self monitor their behavior or to make informed, consensual decisions about the activity in which Plaintiffs engaged;
b. Failed to provide the reasonable care and protection necessitated by Plaintiffs’ conditions and to otherwise take reasonable measures to protect their health, safety, and well-being;
c. Failed to take reasonable steps to protect Plaintiffs from harm;

d. Failed to train its agents and/or employees on the reasonable steps to care for Plaintiffs

and ensure Plaintiffs’ safety and well-being;

Plaintiffs’ behavior;

g. Failed to warn Plaintiffs and Plaintiffs’ parents of the potential harm at the hands of

its agents and other third parties;

h. Lied to Parents of Plaintiffs regarding the ongoing reports of sexual and physical abuse;
1. Lied to Parents of Plaintiffs regarding the Parents’ ability to remove the Plaintiffs from

the facility without the consent of the facility;

j. Failed to provide proper instruction, care or attention in order to protect Plaintiffs from harm at Plaintiffs’ own hands; and
k. Failed to provide proper instruction, care or attention to Plaintiffs to protect Plaintiffs

from harm at the hands of its agents and third parties.

229. It was foreseeable that Mentor ABl’s agents or other third parties might avail themselves of the opportunity to commit an assault, battery, rape, or other tort or crime upon Plaintiffs due to their confinement in the facility and their impaired mental capacity.
230. Defendants McDaniel and Lewis failed to exercise care when they realized, or should have realized, the likelihood that such a situation might or had been created and that its agents or other third parties might avail themselves of the opportunity to commit an assault, battery, rape, or other tort or crime upon Plaintiffs.
231. The natural and probable consequence of failing to provide a reasonable safe environment at a facility like Mentor ABl’s Timber Ridge Ranch is injury or assault, including sexual assault or sexual abuse.
232. Despite these natural and probable consequences, of which Mentor ABI knew or should have known, Mentor ABI continued to engage in a pattern which showed reckless disregard for these consequences from which malice could be inferred.
233. The type of harm suffered by Plaintiffs was foreseeable and Defendants McDaniel

and Lewis failed to exercise care to provide a safe environment, to protect Plaintiffs from harm, to adequately select and train its staff, and to have in place sufficient protocols to protect Plaintiffs from foreseeable injuries at the hands of its own agents and third parties.
234. Defendants McDaniel and Lewis had a duty to see that Plaintiffs were provided reasonable care and attention and knew that the necessities of Plaintiffs’ conditions would require such care and attention.
235. As a direct and proximate result of Defendants McDaniel and Lewis failure to use reasonable care, Plaintiffs suffered serious physical and emotional injuries more fully set forth below.
236. The damages set forth herein were proximately caused by Defendants McDaniel and Lewis negligence.
237. As a result of Defendants McDaniel and Lewis’s negligence, Plaintiffs are entitled to recover damages as more fully described below.
238. Further, Defendants McDaniel and Lewis’ actions were willful and wanton and committed with a reckless disregard of the consequences.
239. Defendants McDaniel and Lewis knew or should have known, in light of the surrounding circumstances, that their conduct would naturally and probably result in injury.
240. Defendants McDaniel and Lewis continued with their conduct with malice and in reckless disregard of the consequences from which malice can be inferred such that Plaintiffs are entitled to punitive damages under Arkansas law.
241. Plaintiffs are entitled to a punitive damages award for each and every separate occurrence of the wrongs described herein.
242. Plaintiffs are entitled to the maximum award allowed by law for each separate time

Plaintiffs suffered a sexual assault or other tort while patients at Mentor ABl’s Timber Ridge Ranch, as well as a separate award for each independent reckless, willful, wanton, or malicious act.
COUNT III-NEGLIGENCE
(FAILURE TO INVESTIGATE AND REPORT PURSUANT TO ARK. CODE ANN.§ 12-12-1701, et seq.)
(All Plaintiffs vs. Mentor ABI)

243. Plaintiffs hereby incorporate by reference all previous paragraphs as if fully set forth herein.
244. Mentor ABI Administrators had a statutory duty pursuant to Ark. Code Ann. 12- 12-1708( a)(l )(P) to report, upon reasonable suspicion, all allegations of maltreatment, including sexual abuse, to both local enforcement agencies and the Office of Long Term Care.
245. As detailed above, Mentor ABI and its Administrators breached their statutorily- imposed duty by repeatedly refusing to report allegations of maltreatment and sexual abuse despite reports from Timber Ridge staff and patients that such incidents were occurring.
246. The failure of Mentor ABI and its Administrators to report the substantiated allegations of maltreatment and sexual abuse effectively encouraged Timber Ridge agents, including Defendant Moore and other abusive staff members, listed as Unknown Defendants, to continue their conduct without fear of reprisal from upper management, local law enforcement, or state officials.
247. Had Mentor ABI and its Administrators upheld their statutory duty and their standard of care in.reporting and investigating allegations of maltreatment and sexual abuse as required by law, Timber Ridge agents, including Defendant Moore and other abusive staff members, listed as Unknown Defendants, would not have been allowed or

3(:

encouraged to continue their reprehensible conduct.

248. Had Mentor ABI and its Administrators upheld their statutory duty and their standard of care in reporting and investigating allegations of maltreatment and sexual abuse as required by law, Plaintiffs would not have been subjected to the continuous sexual assaults Plaintiffs suffered during Plaintiffs’ times at Mentor ABl’s Timber Ridge Ranch.
249. Moreover, Mentor ABI and its Administrators refused to investigate or report Plaintiffs’ or anyone else’s allegations of sexual assault and, instead, attempted to discredit their allegation in an attempt to cast them as liars.
250. The failure of Mentor ABI and its Administrators to investigate Plaintiffs’ and other’s allegations of sexual assault only further encouraged Mentor ABI agents, including Defendant Moore and other abusive staff members, listed as Unknown Defendants, to continue such reprehensible conduct and to include other, additional employees in their unlawful actions.
251. Defendant McDaniel, as administrator of a long-term care facility as that term is defined in Ark. Code 12-12-1703(9), has a duty to investigate and report such allegations of maltreatment and abuse of an endangered person, which applies to him individually.
252. Defendant Lewis, as administrator of a long-term care facility as that term is defined in Ark. Code 12-12-1703(9), has a duty to investigate and report such allegations of maltreatment and abuse of an endangered person, which applies to him individually.
253. Defendant Graham, as administrator of a long-term care facility as that term is defined in Ark. Code 12-12-1703(9), has a duty to investigate and report such allegations of maltreatment and abuse of an endangered person, which applies to him individually.
254. In addition, Mentor ABI is vicariously liable, through doctrines of agency and

respondeat superior, for the failure of its administrators, nurses, social workers, case managers, mental health professionals, and other individuals required by Ark. Code Ann. 12-12-1708 to investigate and report allegations of maltreatment and sexual abuse to do so.
255. Defendants McDaniel, Lewis, Graham, and Mentor ABl’s violations of Ark.

Code Ann 12-12-1708 constitute negligence under Arkansas law and entitle Plaintiffs to compensatory damages more fully set forth below.
256. As a direct and proximate result of Defendants McDaniel, Lewis, Graham, and Mentor ABl’s failure to use reasonable care in investigating and reporting allegations of maltreatment and abuse as required by Ark. Code Ann. 12-12-1708, Plaintiffs suffered serious physical and emotional injuries more fully set forth below.
257. The damages set forth herein were proximately caused by Defendants McDaniel, Lewis, Graham, and Mentor ABl’s negligence due to their failure to timely report and investigate the abuse, which, if reported and investigated, would have caused the State to intervene and provide a safe environment to Plaintiffs.
258. The damages set forth herein were proximately caused by Defendants McDaniel, Lewis, Graham, and Mentor ABl’s negligence due to their intentional decision to cover up and conceal valid reports of sexual abuse, which, allowed predators such as Defendant Ramon Moore and Unknown Defendants to continue preying upon Plaintiffs.
259. The damages set forth herein were proximately caused by Defendants McDaniel, Lewis, Graham, and Mentor ABl’s negligence due to their failure to institute and uphold reasonable practices with respect to hiring and supervision of their employees, which, if properly utilized, would have prevented the sexual abuse of the Plaintiffs.

260. As a result of Defendants McDaniel, Lewis, Graham, and Mentor ABl’s

negligence, Plaintiffs are entitled to recover damages more fully set forth below.

261. Further, Defendants McDaniel, Lewis, Graham, and Mentor ABl’s actions were willful and wanton and committed with a reckless disregard of the consequences.
262. Defendants McDaniel, Lewis, Graham, and Mentor ABl’s knew or should have known, in light of the surrounding circumstances, that its conduct would naturally and probably result in injury.
263. Defendants McDaniel, Lewis, Graham, and Mentor ABl’s continued with its conduct with malice and in reckless disregard of the consequences from which malice can be inferred such that Plaintiffs are entitled to punitive damages under Arkansas law.
264. Plaintiffs are entitled to a punitive damage award for each and every separate occurrence of the wrongs described herein.
265. Plaintiffs are entitled to the maximum award allowed by law for each separate time Plaintiffs suffered a sexual assault or other tort while a patient at Timber Ridge Ranch, as well as a separate award for each independent reckless, willful, wanton, or malicious act.
COUNT IV-OUTRAGE
(All Plaintiffs vs. Mentor ABI)

266. Plaintiffs hereby incorporate by reference all previous paragraphs as if fully set forth herein.
267. Defendants willfully and wantonly engaged in extreme and outrageous conduct.

268. Defendants’ conduct, as described herein, proximately caused the injuries to
Plaintiffs.

269. Defendants betrayed the trust of Plaintiffs and the community in the most egregious manner, given the amount of evidence of danger posed by Defendant Moore

and the Unknown Defendants at Timber Ridge Ranch that Defendants systematically ignored and intentionally covered up for an unreasonably long period of time.
270. Defendants’ conduct was extreme, outrageous, and utterly intolerable in a civilized community. Defendants’ conduct went beyond all possible bounds of decency.
COUNT V-CHILD NEGLECT

(All Plaintiffs v. All Defendants)

271. Plaintiffs hereby incorporate by reference all previous paragraphs as if fully set forth herein.
272. Defendant Mentor ABI, through its employees, agents, and representatives, had a duty to provide reasonable care and supervision to Plaintiffs and to protect them from harm while they were in Defendants custody and care.
273. Defendants breached their duty by failing to prevent, stop, or report the sexual abuse of Plaintiffs by agents of Defendants.
274. Defendants also breached their duty by failing to provide adequate care to

Plaintiffs after they reported the sexual abuse.

275. Defendants’ breach of duty constitutes child neglect, as defined by Ark. Code Ann,

§ 12-18-1039( 13), which means those acts or omissions of a person legally responsible for the child’s welfare that constitute a failure to provide for the child’s essential needs.
276. As a direct and proximate result of Defendants’ child neglect, Plaintiffs suffered physical, emotional, and psychological injuries as described above.
277. Plaintiffs are entitled to recover a compensatory damage from Defendant for his injuries, in an amount to be determined by the jury.

COUNT VI-RECKLESS ENDANGERMENT

(All Plaintiffs v. All Defendants)

278. Plaintiffs hereby incorporate by reference all previous paragraphs as if fully set forth herein.
279. Defendant Mentor ABI, through its employees, agents, and representatives, acted

recklessly by disregarding a substantial and unjustifiable risk that the sexual abuse of Plaintiffs by staff members of Defendant Mentor ABI would results in serious hard to Plaintiffs.
280. Defendants’ reckless conduct was a gross deviation from the standard of care that a reasonable person would observe in the same or similar situation.
281. Defendants’ reckless conduct constitutes reckless endangerment, which means recklessly engaging in conduct that creates a substantial risk of death or serious physical injury to another person.
282. As a direct and proximate result of Defendants’ reckless endangerment, which means recklessly engaging in conduct that creates a substantial risk of death or serious physical injury to another person.
283. As a direct and proximate result of Defendants’ reckless endangerment, Plaintiffs

suffered physical, emotional, and psychological injuries, as stated above.

284. Plaintiffs are entitled to recover compensatory damages from Defendants for their injuries, in an amount to be determined by the jury.
285. Plaintiffs are also entitled to recover punitive damages from Defendant, as Defendant’s conduct was malicious, oppressive, or fraudulent, and showed a conscience disregard for the rights and safety of Plaintiffs.

COUNT-VII DAMAGES

286. Plaintiffs hereby incorporate by reference all previous paragraphs as if fully set forth herein.
287. As a result of Defendants’ actions as described above, Plaintiffs are entitled to recover the following elements of damages, which were proximately caused by Defendants’ acts or omissions:
a. All available compensatory damages for the described losses with respect to each cause of action;
b. Past and future medical expenses, as well as the costs associated with past and future life care;
c. Past and future lost wages and loss of earning capacity;

d. Past and future emotional distress;

e. Past and future pain, suffering, and mental anguish;

f. Past and future loss of normal life;

g. Past and future consequential and special damages;

h. All available noneconomic damages;

i. Disgorgement of profits obtained thru unjust enrichment;

J. Restitution;

k. All medical expenses incurred and reasonably necessary and probable to be incurred in the future, including transportation, boarding, and lodging;
I. Punitive damages to be determined by the jury for each separate act described herein;
m. Attorneys’ fees and costs;

n. Pre-judgment and post-judgment interest and all other interests recoverable;

o. All other damages and compensation available and recoverable under the law; and

p. Any other relief this Court deems equitable and just.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully requests that this Court:

A. Enter judgment in favor of Plaintiffs and against Defendants on all counts;

B. Award each Plaintiff compensatory damages from defendant for each of their injuries as set forth above.
C. Award Plaintiffs punitive damages from Defendants as set forth above, in an amount to be determined by the jury;
D. Award Plaintiffs pre-judgment and post-judgment interest, costs, and attorney’s fees; and

E. Grant Plaintiffs such other and further relief as this court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiffs hereby demands a trial by jury on all issues so triable.

RESERVATION OF RIGHTS

Plaintiffs reserves the right to amend this Complaint following the opportunity to conduct discovery and at trial to conform to the evidence.
Respectfully Submitted,

Paul Byrd Law Firm, PLLC 415 N. McKinley St., Suite 210 Little Rock, Arkansas 72205 Office: 501-420-3050
FAX: 501-420-3128
[email protected]

Isl Parker Stinar
Parker Stinar
(Pending Pro Hae Vice) Stinar Law, PLLC 607 Shelby Street
Suite 700 – 1109
Detroit, MI 48226
(313) 895-7227
[email protected]

Isl James G. Onder
James G. Onder (MO State Bar No. 38049)
(Pending Pro Hae Vice)
ONDERLAW, LLC
110 East Lockwood St. Louis, MO 63119 Tel: (314) 963-9000
Fax: (314) 227-7665
[email protected]

Isl Cynthia L. Garber
Cynthia L. Garber (CA State Bar No. 208922)
(Pending Pro Hae Vice)
ONDERLAW, LLC
12 Corporate Plaza Dr., Ste 275 Newport Beach, CA 92660
Tel: (949) 688-1799
Fax: (949) 209-5884
[email protected]

Exhibit A

IN THE CIRCUIT COURT OF SALINE COUNTY, ARKANSAS CIVIL DIVISION

(1) LUKE HUDSON; (2) TIFFANY FORTNER;
(3) ANDREA OLIVER; (4) H.B., a minor, by and through their mother, A.B.; (5) COLTON MILLER; (6) B.A., a minor, By and through their mother, C.A.; (7) TRACY CARTER; and
(8) CHRISTOPHER HARWELL

V. NO.——

PLAINTIFFS

DEFENDANTS

AFFIDAVIT OF UNKNOWN TORTFEASORS

I, Paul Byrd, first being duly sworn under oath, pursuant to Ark. Code Ann. § 16-56-125, for my John Doe Affidavit, states of personal knowledge as follows:
1. I am Paul Byrd, counsel of record for Plaintiffs with regard to the Complaint filed in the above-styled case.
2. I am licensed to practice law in the State of Arkansas and the Eastern and the

Western Districts of Arkansas and to represent the Plaintiff in this circuit court matter. My Arkansas Bar Association Number is 85020.
3. As of the date of the filing of this Complaint, 1 have been unable to identify with due diligence, based upon the available facts and information, additional tortfeasors who might be rightfully included in one or more causes of action listed in this Complaint, or who may be liable for some or all of the Plaintiffs’ damages that are not named parties and may thereby be brought into the lawsuit by Third-Party or other pleading as provided by the Arkansas Rules of Civil Procedure and Arkansas law.
4. Counsel has a good-faith belief that such additional tortfeasors may exist, and anticipates that the discovery process and further identification of facts not yet known or discoverable by public information will yield the identity of additional tortfeasors.
5. In order to protect the Plaintiffs’ interest and for the purpose of tolling the statute, I have included the unknown tortfeasor identified in the Complaint with the pseudo-names Unknown Defendants VIII-X. I will supplement with the correct information when and if it becomes available.
Further Affiant Sayetlt Not

Executed this i th day of January, 2024.

PaU,;fii2

ACKNOWLEDGMENT

STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI )

SWORN AND SUBSCRIBED before me under penalty of pe1jury on this _l_th day of January, 2024, for the purposes therein contained.

MY COMMISSION EXPIRES: