Second Childhood Molestation Lawsuit Filed against EMQ FamiliesFirst

Note: the lawsuit was resolved.

The law firm of Corsiglia, McMahon & Allard has filed a second childhood molestation lawsuit (Santa Clara County Superior Court, Case #112CV235030) against EMQ FamiliesFirst claiming that the Los Gatos facility was negligent in the supervision and care of young children, and allowing its employee Waking Bailey to allegedly molest two young at-risk children. Bailey, who is currently facing criminal charges, is accused of molesting the two at-risk girls as well as a woman with the mental capacity of a 5-year-old.

The new complaint filed this week on behalf of “Janice Doe” alleges that Bailey sexually groomed the then six-year-old by providing preferential treatment and then sexually abused her. The lawsuit claims that despite an EMQ FamiliesFirst policy that there must be two staff members on site at all times, no one stopped Bailey's inappropriate solo nighttime visits to Janice Doe's bedroom. Janice Doe resided at EMQ FamiliesFirst starting when she was approximately six years old, from 2007 to December 2009. The lawsuit alleges that the sexual abuse took place from 2007 to 2009.

The civil complaint, filed by attorneys Robert Allard and Alyson Gleason, also alleges that EMQ FamiliesFirst effectively aided and abetted Bailey's criminal activity by virtue of its failure to implement protective measures to detect and prohibit entry of a minor resident’s room at night by its own staff. Punitive damages were requested by the attorneys based on the argument that EMQ FamiliesFirst covered up for Bailey by denying and concealing Bailey's sexual battery upon Janice Doe.

According to the complaint, it is alleged that Bailey previously molested another minor, engaging in anal sex and intercourse, and brought a male from EMQ FamiliesFirst with him on one occasion for a “threesome.”

“EMQ FamiliesFirst had an obligation to protect Janice Doe from inappropriate and/or predatory behavior by staff and to maintain policies and procedures to protect its minor residents from such unlawful sexual activity and predatory behaviors,” states Allard.

In August 2012, a lawsuit was filed against EMQ FamiliesFirst and Bailey on behalf of Jane Doe. The lawsuit alleged the sexual molestation of the then 12-year-old girl and the subsequent retaliation against her for reporting the sexual abuse. Even though Jane Doe's allegations were first made in May of 2009, it took EMQ FamiliesFirst nearly two years to place Bailey on leave.

On its website, EMQ FamiliesFirst claims to be California's largest and most comprehensive social services agency for children and their families.

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Corsiglia McMahon & Allard, L.L.P.
96. North Third Street, Suite 620
San Jose, CA 95112
Phone: 408-289-1417

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