A family is pursuing a civil lawsuit against Ceraland Park and Campground and the Bartholomew County Sheriff’s Department and its reserves program, alleging the entities should pay damages for the conduct of a former reserve deputy accused of molesting a child at the park last year.
The civil lawsuit was filed in Bartholomew Superior Court 2 by the parents of a 12-year-old boy that investigators say was molested by Larry L. Scott, 73, of 3281 N. County Road 625E, Hope, in the summer of 2018, according to court records. Scott is also a defendant in the civil lawsuit, according to court records.
Ceraland is a 345-acre recreation and camping facility consisting of a 308-site campground and a sports complex located at 3989 S. County Road 525E, near Columbus.
In the lawsuit, the plaintiffs maintain that some of Scott’s alleged acts were done within the course and scope of his employment for Ceraland, which plaintiff’s attorney Gregory Laker of Indianapolis claims makes the park “vicariously liable for all acts committed.”
In addition, an attorney for Scott asked the court on Feb. 5 to dismiss the parents’ claims against his client. Attorney Jason Smith of Seymour argued his client was acting within the scope of his employment, which makes him immune to the Indiana Tort Claims Act.
An explanation was filed Feb. 14 by sheriff’s department attorney James S. Stephenson that the Sheriff’s Reserves, Inc. is a nonprofit domestic corporation established for fundraising — and therefore not a proper defendant for the civil lawsuit.
Laker amended his complaint on March 7, so that it names the entire Bartholomew County Sheriff’s Department as a co-defendant. Laker also asked Judge Kathleen “Kitty” Tighe Coriden for a jury trial.
Arrested on July 22, 2018, Scott is accused of molesting a 12-year-old boy while volunteering as a night-time security supervisor at Ceraland, according to court documents.
Scott had attempted to earn the trust of the boy and his parents for more than two years, the civil complaint states. But now, the parents say they believe some of those acts were “either malicious, willful, wanton, or calculated to benefit Scott individually,” the lawsuit states.
The boy suffers from autism spectrum disorder, a condition related to brain development that impacts how a person perceives and socializes with others, the complaint states.
Laker also said in the lawsuit that Ceraland advertises that a reserve deputy with the Bartholomew County Sheriff’s Department is on guard 24 hours a day, every day of the week, according to the complaint.
Ceraland attorney J. Thomas Vetne of South Bend filed documents in court that denied Scott’s alleged actions involving the boy were connected to his job.
“The incident and injuries the plaintiffs are complaining about were responsibly caused, in whole or in part, by other parties, over whose conduct Ceraland has no right, ability or duty to control,” Vetne wrote in his response to the lawsuit.
Ceraland executive director Jim Kreutzjans wrote in an email to The Republic that Scott was not on duty when the alleged molestations occurred. Kreutzjans also said in the email that Scott was camping in his own private camper at the time, and was not assigned to patrol the park.
Since the complaint was just recently amended, a formal response has not yet been received in court from the Bartholomew County Sheriff’s Department.
On behalf of the Sheriff Reserves, Inc., Stephenson wrote that allegations of criminal intent do not fall under the Tort Claims Act, as Scott’s lawyer claims. Stephenson also wrote that Scott was acting outside the course and scope of his employment with the Bartholomew County Sheriff’s Department at the time of the alleged crimes.
Immediately after Scott’s arrest, Sheriff Matt Myers notified all local law enforcement agencies that Scott was no longer serving in any capacity with the sheriff’s department, and was to be treated as a civilian.
The attorney for the parents accuse the defendants of collective negligent acts and/or omissions, according to the lawsuit. They claim the family has suffered, and will continue to suffer, mental anguish, loss of enjoyment of life, medical expenses, counseling expenses, and other past, present and future damages, the lawsuit states.
They are asking for damages “in an amount to be proven at trial including compensatory damages, general and special damages, punitive damages, for the costs of this action and for all other relief just and proper in the premises.”
As of now, Coriden has scheduled all proceedings with the civil suit for next year, due to other proceedings involving Scott going on in two different courts.
In Bartholomew Circuit Court, a hearing regarding divorce proceedings between Scott and his estranged wife will be held on April 9.
After that, several hearings involving the criminal case have been scheduled in Superior Court 1 that might lead to a jury trial on Aug. 27.
That case before Judge James Worton involves Scott being accused of two felony charges of child molestation, felony possession of child pornography, one felony charge of performing sexual conduct in the presence of a minor younger than 14, and a misdemeanor court of possession of paraphernalia, court records state.
In the civil case, Coriden has scheduled a final pre-trial conference on April 22, 2020, with a jury trial tentatively set for May 18, 2020.
