A lawsuit against the Boy Scouts of America filed in a Lansing court will move forward after a judge ruled against dismissal of the case. The Mid-Michigan Guardianship Servies filed the suit in June 2011 on behalf of two brothers who allegedly were molested by Roger Young, a BSA Assistant Scoutmaster, who was charged with first- and second-degree criminal sexual assault in 2009.
Frederick Plumb, the attorney for the BSA, filed a motion to dismiss the case saying Michigan law does not hold the organization liable for Young’s actions. Plumb said he is restricted from commenting on the case.
Investigations into the charges done by Portland, Ore.-based lawyer Kelly Clark and Lansing attorneys David Zoglio and George Hamilton Foley show that the Scouts were notified of suspicious behavior and a pending criminal sexual conduct investigation on Young back in 2007 and no one took action to restrict him from working with children, according to court documents. The lawsuit alleges the BSA was notified on three occasions of suspicious behavior by Young.
The first was in 2003 when police investigated an incident where Young sent an inappropriate birthday card to a Boy Scout. The other two were in 2007 regarding the victims in this case. In those instances, a Big Sister volunteer said she saw Young with the brothers, 8 and 11 at the time, while the boys were not wearing pants. Boy Scout leaders were notified of these instances and Young remained an assistant scoutmaster.
There also were complaints about Young spending one-on-one time with individual boys and giving them rides home, a violation of Boy Scout rules, the lawsuit alleges. Lansing State Journal, 27 Sep 2012.
Young killed himself in November 2009.