Ryan Dickinson
SCRANTON, Pa. – A federal judge will preside over a sexual assault lawsuit against a sleepaway camp in the Pocono Mountains, where a boy says he was violated with a broomstick while a counselor did nothing.
Scranton federal judge Julia Munley recently ruled against Camp Lohikan’s effort to move the case to state court, thanks to recent guidance from the Pennsylvania Supreme Court. Though agreements for campers include a stipulation that legal claims be brought in the Wayne County Court of Common Pleas, the plaintiff’s was signed by his father.
Last year, the state Supreme Court ruled in a case against trampoline parks that such stipulations don’t apply to injured minors – only to the signing parents.
“Neither party has argued nor submitted any evidence that a court approved the waiver of W.F.’s right to pursue his claims in federal court,” Munley wrote.
“Nor is there any court order appointing M.F. as guardian of W.F.’s estate. Accordingly, the forum-selection clause contained in the applications signed by W.F.’s father is unenforceable against W.F.’s claims.”
The case was filed in federal court because W.F. is a New York resident. The sexual abuse law firm Andreozzi + Foote is representing the plaintiff and will file a new complaint that includes a representative for the teenager.
The alleged events unfolded in July 2021 at a cabin that was under the supervision of college-aged counselors. The plaintiff was 13 years old at the time.
A counselor told the boys in the cabin to calm down after they had begun hitting and poking each other and sword-fighting with broomsticks. The plaintiff says he was lying in bed and not rough-housing at the time.
"Suddenly, a boy from another cabin who was participating in the antics pushed Plaintiff down on the bed and told the other boys to hold Plaintiff down," the lawsuit says.
"This boy then proceeded to sexually assault Plaintiff with a broomstick while six other boys held Plaintiff face-down on the bed. Eventually, the counselor told the boys to break it up and Plaintiff was able to remove the broomstick from his body."
According to the lawsuit, the only punishment was the counselor taking the brooms. He did not report the assault to Camp Lohikan staff or the police, it adds.
Physical injuries alleged include soreness when sitting and blood in the plaintiff's stool. He says he also turned to marijuana to cope with the psychological distress caused by the alleged assault.
His lawsuit makes claims for negligence, gross negligence and recklessness. Representing the plaintiff is Ryan Dickinson. He wrote in the complaint that Camp Lohikan’s website claims its mission is “to provide children with a safe camp environment and staff it with caring adults who are committed to their positive growth and development.”
