The following civil lawsuit was filed in Macon County Circuit Court on February 26, 2010, against Red Boiling Springs Mayor Kenneth Hollis, requesting a jury trial to award the plaintiff actual and compensatory damages of not less than $300,000 and punitive and/or special damages of not less than $500,000.
The civil lawsuit follows criminal charges of sexual battery and sexual battery by an authority figure brought against Hollis on February 23, 2010.

IN THE CIRCUIT COURT FOR MACON COUNTY, TENNESSEE AT LAFAYETTE

L.S., Plaintiff v. KENNETH HOLLIS, Defendant

No. 2010-CV-20

JURY DEMANDED

COMPLAINT

Comes now the PLAINTIFF, “L.S.,” and for her Complaint against the Defendant, Kenneth Hollis, would respectfully state and show to the Court the following facts and causes of action that support an award of compensatory and punitive damages:

1.   The Plaintiff, L.S. is an 18-year-olf adult female resident and citizen of Macon County, Tennessee.  Her full name and address are filed under seal on a separate page number 8 to this Complaint, to protect her confidentiality, as a portion of the acts and offenses committed against her occurred while she was a juvenile.

2.  The Plaintiff L.S. is compelled to file this case on February 26, 2010 in order to preserve her legal right to seek appropriate damages for the offenses committed against her as a juvenile prior to February 28, 2009, when she turned 18 years old.

3. The Defendant, Kenneth Hollis (“Hollis”) is an adult male resident and citizen of Macon County who resides at 56 Old Carthage Road, Red Boiling Springs,Tennessee 37150.

4. The facts giving rise to this cause of action occurred in Macon County, Tennessee, and venue and jurisdiction are proper as to the Macon Circuit Court.

Facts

 

5. L.S. was 17 years old when she and her boyfriend, who was over 18, rented an apartment from Defendant Hollis, on or about November 30, 2008.

6. Hollis is a landlord and business owner in Macon County, and is also the elected mayor of the City of Red Boiling Springs, Tennessee.

7. The apartment rented from Hollis by L.S. and her boyfriend was located in the town of Red Boiling Springs, Macon County Tennessee.

8. The name of L.S. was placed on the lease, but she did not sign it, since she as a minor.

9. A few days later, during December 2008, while the boyfriend of L.S. was at work during the daytime and L.S. was home alone with her baby, Hollis came into her apartment and proceeded to sexually molest L.S. by placing both of his hands on her chest, against her will, and groping her breasts.

10. L.S. told Hollis to stop, but he persisted and began to pull open the front of her tank-top T-shirt in order to fulfill his stated desire to see her breasts.

11.  After a few minutes, Hollis left, and L.S. was shaken and distressed.

12. When her boyfriend returned that evening, L.S. told him what had happened.  Both L.S. and her boyfriend were upset, but they had nowhere else to live and did not know what to do, since Hollis was both their landlord and the mayor.

13. Hollis returned to the apartment of L.S. and entered it, usually without knocking and without permission, for a total of five more times during December 2008, January 2009, and February 2009. On each occasion Hollis sexually molested L.S. by using both of his hands to grope her breasts against her will.

14. On one instance, L.S. was getting a toothbrush for a neighbor who was locked out, and she was in the bathroom. When she turned around in her bathroom, Hollis was suddenly there and he immediately began groping her breasts with both hands.  L.S. again pleaded for Hollis to stop, as she had every time previously, yet he continued his sexual molestation of her.

15. In the next several weeks after L.S, turned 18 at the end of February 2009, Hollis came into her apartment three more times, and each time he came in and used both of his hands to grab and grope her breasts against her will.

16.  As she had previously done, L.S. told Hollis to stop, without avail, and finally he would leave.

17. On one instance Hollis entered her apartment while the infant child of L.S. was in a baby swing, and Hollis told L.S. to put her baby in a different room so he could “feel up” her body.  She refused to do so, and Hollis again sexually assaulted and molested her by groping her breasts against her will, and then he left her apartment.

18. Hollis cruelly and inconscionably molested L.S. repeatedly for his personal sexual purposes.

19.  When the mother of L.S. came to town in May 2009 for the graduation of L.S. from high school, she personally confronted Hollis about his horrendous actions against L.S.  In response, Hollis never denied having sexually molested and assaulted L.S., but instead vulgarly commented on the large size of the breasts of L.S. in the presence of L.S, and her mother, which was further demeaning, insulting, and emotionally abusive toward L.S.

20. L.S. moved away from Hollis’ apartment in June 2009.

 

COUNT ONE-OUTRAGEOUS CONDUCT

 

21. Paragraphs 1-20 are repeated and incorporated by reference.

22. L.S. asserts that the intentional, reckless, malicious, and/or unlawful acts committed upon her by Hollis without her consent and/or permission would shock the conscience of a reasonable person and rise to the level of reprehensibility so as to constitute the tort of outrageous conduct.

23. Such outrageous conduct is a direct and proximate cause of the damages suffered by L.S.

 

COUNT TWO – MULTIPLE ASSAULTS

 

24. Paragraphs 1-20 are repeated and incorporated by reference.

25. L.S. asserts that each of the intentional, reckless, malicious, and/or unlawful acts committed upon her by Hollis without her consent and/or permission constitute the tort of assault.

26. Such multiple assaults are a direct and proximate cause of the damages suffered by L.S.

 

COUNT THREE – MULTIPLE SEXUAL ASSAULTS

 

27. Paragraphs 1-20 are repeated and incorporated by reference.

28. L.S. asserts that each of the intentional, reckless, malicious, and/or unlawful acts committees upon her by Hollis without her consent and/or permission constitute the tort of sexual assault.

 

29. Such multiple sexual assaults are a direct and proximate cause for the damages suffered by L.S.

 

COUNT FOUR- INTENTIONAL INFLICTION OF EMONTIONAL DISTRESS

 

30. Paragraphs 1-20 are repeated and incorporated by reference.

31. L.S. asserts that the intentional, reckless, malicious, and/or unlawful acts committed upon her by Hollis without her consent and/or permission rise to the level of outrageous conduct which cannot be tolerated by a civilized society.

32. Defendant’s actions resulted in serious mental and emotional injury, including stress, anxiety, depression, and/or post traumatic stress syndrome suffered by Plaintiff L.S.

33. Such intentional infliction of emotional distress by the Defendant is a direct and proximate cause of the damages suffered by L.S.

 

COUNT FIVE- INVASIONS OF PRIVACY

 

34. Paragraphs 1-20 are repeated and incorporated by reference.

35. L.S. asserts that each of the intentional, reckless, malicious, and/or unlawful acts committed upon her by Hollis without her consent and/or permission constitute the tort of invasion of privacy.

36. L.S. would assert that such acts by the Defendant constitute a breach of the duty of quiet and peaceful enjoyment of privacy in the leased premises owed to her by the Defendant in his authority role as her landlord.

37. Defendant’s actions constitute a series of invasions of the privacy of the Plaintiff.

38. Such invasions of privacy by the Defendant are a direct and proximate cause of the damages suffered by L.S.

 

INJURIES AND DAMAGES

 

39. Paragraphs 1-38 are repeated and incorporated by reference.

40. Plaintiff L.S. seeks recovery of her actual and compensatory damages sustained as a direct and/or proximate result of one or all of the aforesaid intentional, reckless, malicious, and/or unlawful acts committed upon her by Hollis without her consent and/or permission, including:

 

   A. Mental and emotional distress of a past, present, and future nature;

   B. Inability to enjoy the normal pleasures of life, past, present, and future;

   C. Counseling and therapy expenses in the future, which L.S. has not been able to afford in the past or to this point in the present;

   D. Lost wages, past, present, and future; and

   E. All other damages permitted by common law and the State of Tennessee.

 

41. Plaintiff L.S. seeks punitive and/or special damages for one or all of the intentional, reckless, malicious, and/or unlawful acts committed upon her by Hollis without her consent and/or permission.

 

Based on the foregoing, the Plaintiff prays:

1.    For proper process to issue and for the Defendant Hollis to be served with a true and accurate copy of this Complaint and for the Defendant to be required to answer within the time required by law;

2.    That the Plaintiff be awarded a sum by a jury for her actual and compensatory damages of not less than $300,000, and punitive and/or special damages of not less than $500,000;

3.    That the Plaintiff be awarded a permanent restraining order against the Defendant;

4.     That the costs of this action be taxed to the Defendant, including discretionary costs; and

5.    For such other, further, and general relief as the justice of the Plaintiff’s cause may warrant.

 

A JURY OF TWELVE (12) IS RESPECTFULLY DEMANDED.

 

Respectfully filed this the 26th day of February, 2010:

James B. Hawkins, BPR #010237

Attorney for the Plaintiff, L.S.

126 East Main Street, Suite A

Mailing Address: P.O. Box 57

Gallatin, Tennessee 37066-0057

Phone: (615) 452-9200

Fax: (615) 452-9209

 

I am surety for costs in this matter not to exceed $500.00

James B. Hawkins, BPR #010237