From The Awareness Center:
COUNTY OF KINGS
February 25, 2008
As policy The Awareness Center removed the name of the survivor from the following document.
"A Mother, Plaintiff,
David Kedmi, Defendant.
1. On February 25, 2007, in Kings County, New York, Rabbi Kedmi conducted a ritual circumcision ("bris") and baby naming ceremony for the mother of infant twin children.
2. The woman and her husband were especially excited about the aforementioned bris and baby naming ceremony of their infant twins as they had extremely difficult conceiving and further, the twins were prematurely born approximately eight weeks early and remained in the hospital after birth for at least one month.
3. That in view of the difficulty in conception and premature birth, facts known to the Defendant, the aforementioned bris and baby naming ceremony was to be a joyous celebration of their twins who were now finally healthy enough for the same.
4. At this ceremony however, as is set forth herein, Rabbi Kedmi demand and inappropriately touched "the mother " and made lewd, flirtatious comments to her.
5. More specifically, on the date in question, Rabbi Kedmi touched "the mother’s" buttocks.
6. Further, on the date in question, Rabbi Kedmi suggestively touched "the mother’s" shoulder.
7. That "the mother" did not consent to Rabbi Kedmi touching either her buttocks or shoulder and that such touching was done for no lawful purpose.
8. That on the date in question, Rabbi Kedmi stated to "the mother," by saying, in sum and substance, among other things, that she "looked 17."
9. That on the date in question, Rabbi Kedmi stated to "the mother," by saying in sum and substance, among other things, that she "must have been a beauty queen."
10. That the aforementioned demeaning behavior, including offensive sexual touching and lewd and sexual comments took place in the presence of one or more witnesses, including Rabbi David Kedmi’s wife.
11. Upon information and belief, Rabbi Kedmi’s lewd comments, demeaning behavior and unwanted inappropriate touching of "the mother" is part of a pattern of similar conduct that Rabbi Kedmi has engaged in toward women, including toward other women during similar ceremonies he performed for other children.
12. That after experiencing Rabbi Kedmi’s unlawful behavior as described above, and after later hearing about his alleged similar conduct toward other women, "the mother" reported Rabbi Kedmi to Mr. Jacob Rubinstein, employed at the Young Israel of Scarsdale synagogue "The mother" had utilized Rabbi Kedmi’s services based upon a referral from Mr. Rubinstein.
13. During several conversations with Mr. Rubinstein, "the mother" was repeatedly assured that Mr. Kedmi had been referred for evaluation and treatment to Rabbi Mark Dratch, who, upon information and belief, is employed by an organization known as "JSAFE," and that action would be taken to address and correct Rabbi Kedmi’s behavior.
14. That JSAFE’s mission statement on their website purports that their goal is "to create an environment in which every institution and organization across the spectrum of the Jewish community conducts itself responsibly and effectively in addressing the wrongs of domestic violence, child abuse and professional improprieties — whenever and by whomever they are perpetrated."
15. That "the mother" was assured that Rabbi Kedmi was undergoing treatment and that steps would be taken to protect other women from Rabbi Kedmi’s predatory conduct, but that Rabbi Rubinstein and Rabbi Dratch would not provide details as to any "treatment plan," though "the mother" was assured that "treatment," "counseling" and additional "measures" were all put in place in an effort to correct "Rabbi Kedmi’s behavior and protect women from his unlawful conduct.
16. That "the mother" later learned, in fact, contrary to the assurances provided by Rabbis Rubinstein and Dratch, no meaningful measures were taken to provide treatment to Rabbi Kedmi, to correct his behavior or to protect women from him.
17. That "the mother" later learned that the alleged "measures" implemented were that Rabbi Kedmi was not to be alone with a woman at a bris and that his wife must accompany him when he performs a bris.
18. That, when Mr. Kedmi inappropriately touched "the mother" and made lewd comments to her, there were, in fact, witnesses present, including Rabbi Kedmi’s wife. Therefore, the "measures," were meaningless.
19. That "the mother" and her husband endured great hurdles to make it to what was supposed to be a the joyous occasion of their infant twin’s bris and naming ceremony and instead, the day now evokes anger, pain and sullied memories.
20. As a result of the foregoing, "the mother" has suffered the permanent mark that Rabbi Kedmi has made on a momentous occasion from which "the mother" and her family can never fully recover.
21. That, prior to the filing this lawsuit to hold Rabbi Kedmi accountable for his actions, "the mother", and/or her attorneys: a) had several telephone conversations with rabbis Rubinstein and Dratch; and also b) sent two letters to Rabbi Kedmi and/or his lawyers, and also to rabbis’ Rubinstein and Dratch, request that Rabbi Kedmi be made to undergo appropriate counseling and that steps be taken to protect women from Rabbi Kedmi.
22. And that, in spite of "the mother’s" numerous correspondence, upon information and belief, rabbis’ Kedmi, Rubinstein and Dratch each refused to take any meaningful steps to address "the mother’s" concerns.
23. And that, upon learning "the mother" therefore planned to proceed with this lawsuit, Rabbi Kedmi’s response, relayed via his counsel, was to among other things, threaten "the mother" that he would file a claim for slander against her.
24. That any such claim for slander would be patently frivolous and that threat was clearly made in an effort to intimidate "the mother" into not seeking to hold Rabbi Kedmi accountable for his unlawful conduct.
25. That further, upon information and belief, Rabbi Rubinstein and other members of the clergy continue to recommend Rabbi Kedmi to perform circumcisions notwithstanding their full knowledge of his pattern of unlawful and outrageous conduct and continue therefor to knowingly and willfully place women and families in harm’s way.
AS AND FOR A FIRST CAUSE OF ACTION
26. Plaintiff repeats, reiterates and realleges, each and every allegation set forth in the prior paragraphs, with the same force and effect as if set forth at length herein.
27. That Rabbi Kedmi’s aforementioned touching of "the mother"was down without her consent and was intentional, offensive and wrongful, and therefore constitutes an intentional wrongful physical contact with her person without consent and was otherwise unlawful.
28. That "the mother" has suffered as a result of Rabbi Kedmi’s wrongful physical contact and battery that was committed against her person.
29. That as a result of the foregoing battery, "the mother" has been damaged in the amount to be determined by the Court but believed to exceed Fifty-Thousand ($50,000.00) Dollars.
AS AND FOR A SECOND CAUSE OF ACTION
(Breach of Contract)
30. Plaintiff repeats, reiterates and realleges, each and every allegation set forth in the proper paragraphs herein, with the same force and effect as if set forth at length herein.
31. That Rabbi Kedmi is in breach of contract with "the mother" as implied in the contract was a good faith and fair dealing with was breached by Rabbi Kedmi, a party to the contract for the performance of the bris and baby naming ceremony.
32. Rabbi Kedmi breached said contract and covenant by acting in a manner that, deprived "the mother" and her family of the right to receive the type of ceremony for which they bargained.
33. That in view of the foregoing, and Rabbi Kedmi’s actions, "the mother" did not receive the full and complete benefit of the bargain and thus wishes to hold Rabbi Kedmi in breach of contract.
34. Wherefore, Plaintiff demands judgment against the Defendant in an amount to be determined by believed to exceed $20,000.00
AS AND FOR A THIRD CAUSE OF ACTION
35. Plaintiff repeats, reiterates and realleges, each and every allegation set forth in the prior paragraphs herein, with the same force and effect as if set forth at length herein.
36. That as a result of the foregoing conduct of the Defendant, the same is liable to the Plaintiff for punitive damages.
37. Wherefore, Plaintiff demands punitive damages against the Defendant in the amount of One Million ($1,000,000.00) Dollars.
WHEREFORE, the Plaintiff demands judgment against Defendant as follows:
a. In the first cause of action, in an amount to be determined at the Trail of this Action, but believed to exceed $50,000.00;
b. In the second cause of action, in an amount to be determined at the Trail of this Action, but believed to exceed $20,000.00;
c. In the third cause of action, in an amount to be determined at the Trail of this Action, but believed to exceed One Million ($1,000,000.00) Dollars;
d. Each together with the cost, fees, reasonable attorneys fees and interest as set forth herein; and
c. For such other and further relief as to this Court may appear just and proper
Dated: February 25, 2008
The WEINSTEIN GROUP, P.C.
By: Melissa A. Cavaliere
10 Newton Place, Ste. 201
Hauppauge, New York 11788
To: David Kedmi
Spring Valley, NY 10977-1743