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Kolbek v. Twenty First Century Holiness Tabernacle Church, Inc.

Kolbek v. Twenty First Century Holiness Tabernacle Church, Inc.

United States District Court for the Western District of Arkansas, Texarkana Division

December 24, 2013, Decided; December 24, 2013, Filed

CASE NO. 10-CV-4124

Opinion

MEMORANDUM OPINION

Before the Court are Motions for Summary Judgment filed on behalf of Defendants Tony Alamo (ECF No. 522), Sharon Alamo (ECF No. 499), Jeanne Estates Apartments, Inc., (ECF No. 493) and Twenty First Century Holiness Tabernacle Church, Inc. (ECF No. 515). Plaintiffs have filed a response. (ECF No. 582). Defendants have filed replies. (ECF Nos. 588, 589, 593, & 594). The Court finds this matter ripe for consideration.

BACKGROUND

Plaintiffs Desiree Kolbek, Summer Hagan, Jamie Rodriguez, Pebbles Rodriguez, Jeanne Orlando, Amy Eddy, and Nikki Farr are all former members of Tony Alamo Christian Ministries ("TACM"). TACM is an organization of churches and businesses that are operated by individual members of TACM and Defendant Tony Alamo. Plaintiffs allege that TACM operates as a "communal organization." Members of TACM work in businesses affiliated with the ministry. Earnings from the businesses are deposited into an account shared by the church and businesses, and rather than receiving a salary, members' living expenses are paid with money from this joint account. According  [*8] to Plaintiffs, Tony Alamo exercises some degree of control over everything in TACM, from the church, to the businesses, to the lives of the church members.

Plaintiffs allege that, when they were members of TACM, they were forced to become "spiritual wives" of Tony Alamo. Plaintiffs were "married" to Tony Alamo and moved into his home when they were minors. Jeanne Orlando was fifteen; Amy Eddy was fifteen; Pebbles Rodriguez was twelve; Desiree Kolbek was eight; and Summer Hagan was eleven. While Plaintiff Nikki Farr was never "married" to Alamo, she states that she was moved into his home at the age of fifteen and was "groomed" to be a spiritual wife.

As the "spiritual wives" of Tony Alamo, Plaintiffs state that Alamo subjected them to frequent sexual abuse and physical abuse as minors. Plaintiffs allege that this abuse took place in Alamo's home in Fouke, Arkansas; in other facilities on TACM property in Arkansas and California; in buses operated by TACM; in unknown hotels in Arizona and California; and at a federal correctional facility in Texarkana, Texas. In addition to suffering physical and sexual abuse, Plaintiffs allege that they were falsely imprisoned on TACM property and that  [*9] their privacy was constantly invaded while they were "married" to Alamo.

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2013 U.S. Dist. LEXIS 180463 *; 2013 WL 6816174

DESIREE KOLBEK, et al., PLAINTIFFS VS. TWENTY FIRST CENTURY HOLINESS TABERNACLE CHURCH, INC., et al., DEFENDANTS;JEANNE ESTATES APARTMENTS, INC., THIRD-PARTY PLAINTIFF VS. JENNIFER KOLBEK, et al., THIRD-PARTY DEFENDANTS

Subsequent History: Vacated by, in part, Reaffirmed, in part, Dismissed by, in part, Without prejudice, Summary judgment granted, in part, summary judgment denied, in part by Kolbek v. Twenty First Century Holiness Tabernacle Church, Inc., 2014 U.S. Dist. LEXIS 529 (W.D. Ark., Jan. 2, 2014)

Prior History: Kolbek v. Twenty First Century Holiness Tabernacle Church, Inc., 2011 U.S. Dist. LEXIS 125968 (W.D. Ark., Oct. 31, 2011)

CORE TERMS

Plaintiffs', sexual abuse, church, tolled, summary judgment, false imprisonment, allegations, outrage, sexual abuse of child, special relationship, invasion of privacy, intrusion, statute of limitations, sexual, false light, state claims, joint venture, Ministries, defamation, mandatory, negligence claim, non-perpetrators, full age, lived, physical abuse, church member, negligent hiring, perpetrator, spiritual, injuries