Doe v. Johnston First Amended Complaint
Doe v. Johnston First Amended Complaint
Doe v. Johnston First Amended Complaint
9/27/2021 4:15 PM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ
COUNTY DEPARTMENT – LAW DIVISION CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 9/27/2021 4:15 PM 2020L011493
NOW COME Plaintiffs, JANE DOE (“Jane”) and JULIE DOE (“Julie”) (collectively, the
“Plaintiffs”), by and through their attorneys, LOFTUS & EISENBERG, LTD., and complain against
NATURE OF CLAIM
The Johnstons hired Jane, a recent college graduate, to provide in-home childcare for their
two young daughters. Within days of hiring her, the Johnstons exposed Jane to x-rated content in
their home. Soon after, they secretly filmed Jane and her close friend Julie by placing hidden
cameras, disguised as ordinary household objects, in the bathroom and other private areas of the
home. They invited Jane and Julie to house-sit, encouraged them to use the private areas where the
cameras were hidden, and secretly filmed them naked. The Johnstons’ actions intimidated and
humiliated Jane Doe and Julie Doe, causing severe emotional distress. Plaintiffs bring this action
not only to regain their own power, but to deter would-be voyeurs and highlight the psychological
damage caused by such abuse, which is too often minimized by our society.
PARTIES
1. The Plaintiffs bring this action under the fictitious names of Jane Doe and Julie Doe,
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pursuant to the provisions of 735 ILCS 5/2-401(e). This action is brought under these fictitious
names in order to preserve the safety, privacy, dignity, and reputations of the Plaintiffs.1
VENUE
6. Venue is proper in accordance with 735 ILCS 5/2-101, as both Defendants reside in Cook
County, Illinois.
FACTS OF CLAIM
7. Jane and Julie are friends and roommates who both recently graduated from DePaul
University.
8. On or about December 30, 2019, the Johnstons hired Jane to work as their home manager,
9. Jane’s duties included nanny care for the Johnstons’ two young daughters and managing the
family home, including preparing meals, cleaning, and other household tasks.
10. In her second week on the job, Kelly asked Jane to organize boxes in Kelly’s bedroom
closet.
11. One of the boxes was filled with sex toys and other sexual paraphernalia.
1 By Order dated October 21, 2020, Plaintiffs were granted leave to proceed under fictitious names.
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12. Jane felt extremely uncomfortable, but she continued working for the Johnstons.
13. In or around January of 2020, the Johnstons requested that Jane house-sit while they were
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14. They requested that Jane stay at their home overnight, and they encouraged her to use the
15. The Johnstons invited Julie to accompany Jane while she was house sitting.
16. Julie works as a nanny for two of the Johnstons’ close friends, and the Johnstons have
17. Before she left, Kelly encouraged Julie and Jane to use the jacuzzi bathtub in the master
bathroom.
18. She also invited them to help themselves to the Johnstons’ wine and beer while they were
away.
20. Jane stayed at the Johnston home from January 22, 2020, to January 26, 2020, and Julie
21. While they were house-sitting, and without their knowledge or consent, the Johnstons’
secretly video-taped Julie and Jane undressed and bathing, using spy cameras they had hidden in the
22. In February of 2020, the Johnstons once again asked Jane to house-sit overnight.
23. Kelly suggested that Jane could again invite Julie over to keep her company.
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24. On the evening of February 14, 2020, as she was about to undress for a bath, Jane
discovered a hidden video camera, disguised as a picture frame, aimed at the bathtub she intended
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to use.
25. Jane subsequently discovered multiple cameras hidden in the Johnston home, some
26. Jane was extremely shaken by this discovery, so she invited Julie over for assistance and
security.
27. Had they not discovered the cameras, Jane and Julie would have once again undressed in the
private areas of the home where the cameras were located, including the bathroom.
28. The cameras Jane and Julie discovered were not childcare cameras or “nanny cams”.
29. The cameras were also not security cameras that were not hidden.
30. The Johnstons had separate childcare cameras, which were not hidden, that they used to
31. They were also not designed to monitor Jane’s job performance while she was nannying.
32. The cameras were placed in private areas of the home that the Johnston children did not
normally use.
33. The hidden cameras were in place and online on both of the occasions that the Johnstons
34. The Johnston children were not at home on either of these occasions.
35. The Johnstons expressly invited Jane and Julie to use the rooms where the cameras were
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36. The cameras were motion activated to record video if there was any activity within the field
of vision.
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37. On one of the days Jane and Julie were scheduled to house-sit, Michael charged and
positioned a camera so that it was aimed at the jacuzzi bathtub in the master bathroom.
38. The video footage shows Michael positioning the camera, standing in the bathtub, and
reviewing the camera stream on a cell phone to ensure that the bathtub area would be filmed while
the Johnston family was out of town and Jane and Julie were house-sitting.
39. Before leaving town, Kelly expressly encouraged Jane and Julie to use this bathtub during
their stay.
40. Upon information and belief, Kelly and Michael were acting in concert to obtain nude video
41. Upon information and belief, Kelly and Michael captured this footage for their own sexual
gratification.
42. Upon information and belief, Kelly and Michael were attempting to groom Jane and Julie to
44. The cameras captured nude video footage of both Jane and Julie, without their knowledge or
consent.
45. At least two of the hidden camera devices included Wi-Fi capability and smartphone apps
2 “Grooming is when someone builds a relationship, trust and emotional connection with a child or young person so
they can manipulate, exploit and abuse them.” Nat’l Society for the Prevention of Cruelty to Children, Grooming
(2021), https://www.nspcc.org.uk/what-is-child-abuse/types-of-abuse/grooming/ (last accessed Sept. 13, 2021).
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46. Upon information and belief, the Johnstons used these apps to view video footage of Jane
47. Upon information and belief, there is now nude video footage of Jane and Julie on the
servers of the third-party companies that operate the apps used by the Johnstons.
48. Since learning about the hidden cameras, Jane and Julie have suffered tremendously.
49. They have both experienced, and continue to experience, severe emotional and
psychological distress.
50. They scour for hidden cameras everywhere, fearing they are being secretly recorded even in
restrooms and other locations where they would normally expect privacy.
51. They are terrified that the Johnstons’ secret recordings have reached, or will reach, the
internet, either through an intentional upload or through a data breach at one of the companies that
52. Jane is now unable to return to work at the Johnston home out of fears for her safety.
53. As a result, the Johnstons constructively terminated Jane’s employment and she was left
jobless.
COUNT I:
INVASION OF PRIVACY – INCLUSION UPON SECLUSION
(Against both Defendants)
54. The Plaintiffs adopt and incorporate each paragraph in the Statement of Facts as though
55. The Johnstons committed unauthorized intrusions or prying into Jane and Julie’s seclusion
by covertly videotaping them while they were undressed, using hidden cameras.
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56. The intrusions are of a type that would be highly offensive and objectionable to a reasonable
person, as the Johnstons captured nude images of both Jane and Julie without their knowledge or
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consent.
57. The matters intruded upon were private, as the Johnstons secretly recorded Jane and Julie in
areas of the home where they reasonably expected privacy, including the bathroom.
58. The intrusion caused both Jane and Julie significant anguish and suffering.
59. As a direct and proximate result of the foregoing conduct, both Jane and Julie suffered
damages, including but not limited to severe emotional distress, psychological trauma, other
damages to be proven at trial, and in Jane’s case, lost wages, benefits, and future earnings.
WHEREFORE the Plaintiffs, JANE DOE and JULIE DOE, respectfully request that this
honorable Court grant judgment in their favor and against the Defendants, MICHAEL JOHNSTON
compensatory damages, punitive damages, attorneys fees, costs of suit, and such further relief as
COUNT II:
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(Against both Defendants)
60. The Plaintiffs adopt and incorporate each paragraph in the Statement of Facts and Count I as
61. The Johnstons engaged in extreme and outrageous conduct by intentionally and covertly
videotaping Jane and Julie while they were bathing and undressed.
62. The Johnstons knew that there was a high probability that their conduct would inflict severe
emotional distress on Jane and Julie, and they recklessly disregarded that probability.
63. The Johnstons’ conduct was atrocious and utterly intolerable in a civilized community.
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64. The Johnstons’ conduct caused both Jane and Julie severe emotional distress.
65. As a direct and proximate result of the foregoing conduct, both Jane and Julie suffered
FILED DATE: 9/27/2021 4:15 PM 2020L011493
damages, including but not limited to severe emotional distress, psychological trauma, other
damages to be proven at trial, and in Jane’s case, lost wages, benefits, and future earnings.
WHEREFORE the Plaintiffs, JANE DOE and JULIE DOE, respectfully request that this
honorable Court grant judgment in their favor and against the Defendants, MICHAEL JOHNSTON
compensatory damages, punitive damages, attorneys fees, costs of suit, and such further relief as
COUNT III:
SEXUAL HARASSMENT IN VIOLATION OF
THE ILLINOIS HUMAN RIGHTS ACT
(Jane Against both Defendants)
66. The Plaintiffs adopt and incorporate each paragraph in the Statement of Facts and Counts I-
67. The Illinois Human Rights Act, 775 ILCS 5/2-102, et seq. (the “IHRA”), makes it unlawful
for any employer to engage in sexual harassment against employees or nonemployee performing
68. Jane was an “employee” of Defendants because she was performing services for
69. The Johnstons were “employers” under the Act because they employed Jane, who alleges
sexual harassment, to provide services for renumeration within Illinois. 775 ILCS 5/2-101(B)(1)(b).
70. The Johnstons subjected Jane to sexual harassment prohibited under the IHRA in one or
more of the ways identified in the Statement of Facts and Counts I-II above.
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71. The Johnstons subjected Jane to this sexual harassment while she was in the workplace and
72. The Johnstons’ sexual harassment had the effect of substantially interfering with Jane’s
work performance and creating an intimidating, hostile and offensive working environment, making
73. The Johnstons’ conduct caused Jane severe emotional distress and resulted in the
constructive termination of her employment and the loss of her income, health insurance, and other
benefits.
74. Jane filed a timely charge of discrimination with the Illinois Human Rights Commission and
75. As a direct and proximate result of the foregoing conduct, Jane suffered damages, including
but not limited to severe emotional distress, psychological trauma, lost wages, benefits, future
WHEREFORE Plaintiff, JANE DOE, respectfully requests that this honorable Court grant
judgment in her favor and against the Defendants, MICHAEL JOHNSTON and KELLY
compensatory damages, punitive damages, attorneys fees, costs of suit, and such further relief as
COUNT IV:
PETITION FOR INJUNCTIVE RELIEF
(Against both Defendants)
76. The Plaintiffs adopt and incorporate each paragraph in the Statement of Facts and Counts I
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77. Jane and Julie seek a permanent injunction barring the Johnstons from distributing the
footage of Jane and Julie to the internet or to other third parties and barring them from engaging in
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78. Jane and Julie possess clear and ascertainable rights to the private images taken by the
Johnstons without their consent, including rights of privacy and rights to their own image and
likeness.
79. Jane and Julie will suffer irreparable harm if the Johnstons distribute nude images of them to
third parties or to the internet, as such images, once released, would likely remain on the internet
forever, accessible to Jane and Julie’s friends, family, coworkers, and future employers.
80. There is no adequate remedy at law, as money damages alone could not rectify the potential
image or reputational harm caused by releasing nude videos of Jane and Julie to the public.
81. Jane and Julie seek future restrictions against the Johnstons, as they reasonably believe the
82. The Johnstons began secretly recording Jane, their nanny, within three weeks of her start
date.
83. This suggests that the Johnstons are likely to engage in similar predatory conduct towards
other domestic workers in the future if appropriate restrictions are not put in place.
WHEREFORE the Plaintiffs, JANE DOE and JULIE DOE, respectfully request that this
honorable Court enter an order against the Defendants, MICHAEL JOHNSTON and KELLY
JOHNSTON:
a. Permanently enjoining them from distributing the videos of the Plaintiffs to the
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b. Ordering the return of all copies, physical, digital or otherwise, of the videos of the
Plaintiffs;
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c. Permanently enjoining them from recording any person without their consent using
d. Permanently enjoining them from using or possessing any covert video recording
f. Granting such other relief as the Court deems just and appropriate under the
circumstances.
Respectfully Submitted,
Plaintiffs, JANE DOE and JULIE DOE.
By: ___/s/ Gail S. Eisenberg_________________
One of their attorneys
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RULE 222 AFFIDAVIT
I, Gail S. Eisenberg, an attorney, certify that the damages sought in this matter exceed
FILED DATE: 9/27/2021 4:15 PM 2020L011493
$50,000.00. Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this Rule 222 Affidavit are true
and correct, except as to matters therein stated to be on information and belief and as to such
matters the undersigned certifies as aforesaid that she verily believes the same to be true.
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CERTIFICATE OF SERVICE
FILED DATE: 9/27/2021 4:15 PM 2020L011493
The undersigned certifies that a copy of the foregoing First Amended Compliant at Law was served
upon all parties who have appeared and have not been found by the Court to be in default.
Gail S. Eisenberg
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