United States District Court, E.D. Missouri, Eastern Division
MICHAEL DANIEL CROYLE, by and Through SANDRA G. CROYLE, as his Parent and legal guardian, Plaintiff,
UNITED STATES OF AMERICA, Defendant.
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE
matter is before the Court on Defendant's Motion to
Dismiss, [Doc. No. 9]. Defendant moves to dismiss
Plaintiff's Complaint for lack of subject matter
jurisdiction and failure to state a claim on which relief can
be granted under Fed.R.Civ.P. 12(b)(1) and 12(b)(6),
respectively. Plaintiff opposes the Motion. For the reasons
set forth below, the Motion will be granted.
Mark Matson (“Reverend Matson”) was a Catholic
priest who was a member of the Theatines religious order.
Reverend Matson graduated from Seminary in 1972 and was
ordained as a Catholic priest in 1976.
through 1998, Reverend Matson served as a priest and
Confraternity of Christian Doctrine (“C.C.D.”)
religious teacher at Tripler Army Medical Center in Hawaii
(“Tripler”). His services were procured by way of
a contract that Tripler signed with the Theatine Fathers in
is the headquarters of the Pacific Regional Medical Command
of the United States armed forces and was commissioned and is
administered by the United States Army (“Army”).
information and belief, the Army and/or Tripler had the right
to control the details of the day-to-day performance of the
duties of Reverend Matson and/or supervised the day-to-day
operations of Reverend Matson and/or exercised day-to-day
control over the activities of Reverend Matson. Upon
information and belief, this control and/or supervision
included, but was not limited to, the following:
(a) The Army and/or Tripler would determine for all patients
at admission their religion and would daily provide the names
of those patients to Reverend Matson, to whom Reverend Matson
would provide religious service;
(b) Based on the above providing of names, Reverend Matson
would make daily or regular visits to those patients offering
(c) The Army and/or Tripler provided Reverend Matson an
(d) The Army and/or Tripler provided Reverend Matson support
staff at the Tripler facility;
(e) The Army and/or Tripler provided Reverend Matson with a
military assistant who coordinated his activities and his
providing of religious service;
(f) Reverend Matson was designated by the Army and/or Tripler
to be the administrator in charge of the C.C.D. classes at
Tripler which included supervision over the C.C.D. teachers,
most of whom were volunteers from the base;
(g) The Army and/or Tripler would procure and schedule, as
needed, the attendance and religious services of Reverend
Matson for military ceremonies and festivities, including the
providing of prayers and benedictions at such;
(h) Reverend Matson performed daily mass at Tripler upon the
request of and/or scheduled by the Army and/or Tripler;
(i) Reverend Matson provided religious service and support at
other military chapels on the base and to other military
personnel around the base as requested and as needed by the
Army and/or Tripler;
(j) Reverend Matson regularly reported to the Army and/or
Tripler his activities;
(k) The Army and/or Tripler evaluated the performance of
Reverend Matson; and
(1) The Army and/or Tripler had and exercised the ability to
terminate the services of Reverend Matson.
about 1996 through about 1999, MICHAEL's father was a
physician in the United States Army and was stationed at
Tripler. Michael, along with his parents and sister lived off
base the first year and then on base afterwards.
stationed there, Michael and his family attended church
services in the chapel at Tripler. Reverend Matson led the
services there with great pomp and circumstance, always
surrounded by children.
end of Sunday services, Michael and the other children would
leave their parents in the chapel to attend C.C.D. classes in
the nearby rooms. After C.C.D. classes, the children would
return to their parents in the chapel.
about August 1997 through Spring 1998, when Michael was
approximately 8 years old, Reverend Matson would escort
Michael out of the chapel for C.C.D. classes, but instead of
taking him for classes, Reverend Matson diverted him to a
room and sexually assaulted Michael. Michael remembers being
sexually assaulted by Reverend Matson at least 6 times.
the first sexual assault at Tripler, while still in the
chapel, Reverend Matson asked Michael if he wanted to see a
magic trick. He then took Michael to a room and had him sit
down. Reverend Matson put Michael's head on his thigh and
Michael saw Reverend Matson's penis causing his robe to
rise. Reverend Matson performed oral sex on Michael. While
doing so, Reverend Matson masturbated himself. He also
spanked Michael's buttocks.
second time Reverend Matson sexually assaulted Michael at
Tripler, he again performed oral sex on Michael while
masturbating himself and spanked Michael's buttocks.
third time Reverend Matson sexually assaulted Michael at
Tripler, he took Michael to a room and had Michael pull down
his pants. Reverend Matson put his hands on Michael's
waist and performed anal sex on Michael. This caused Michael
great pain. Reverend Matson ejaculated on Michael's back.
During the third sexual assault, Reverend Matson told Michael
that he would go to hell if Michael told anyone what had
occurred. This warning reverberated in Michael's head as
he heard Reverend Matson's voice during Sunday services.
Reverend Matson also confused Michael by telling him what
they were doing was normal. Michael had a continuing
obsession with the idea that he was evil and was going to
hell because of what he was doing with Reverend Matson.
sexual assaults of Michael at Tripler also included Reverend
Matson forcing Michael to touch Reverend Matson's penis
and perform oral sex on Reverend Matson.
Matson's sexual abuse of Michael caused Michael to be
sexualized and obsessed with sex since the abuse, which
included Michael surfing internet porn and seeking out sexual
encounters with strangers.
Matson also told Michael that his parents knew about the
sexual acts he was committing upon Michael and that they
approved of them and had arranged for them to take place.
This caused Michael to greatly resent his parents ...