VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA ERIC J. BONETTI, Plaintiff, CIVIL ACTION NUMBER:
vs. GRACE EPISCOPAL CHURCH Defendant
COMPLAINT Eric J. Bonetti, in support of his Complaint against defendant Grace Episcopal Church, states the following: NATURE OF THE ACTION 1.
This is an action for defamation and defamation per se.
2.
In an email dated November 22, 2017, Grace Episcopal Church, acting through its agent Kelly
Gable and employee Robert H. Malm, sent an email to staff of the Episcopal Diocese of Virginia stating that plaintiff had embezzled money from a previous employer. Exhibit 1. 3.
The claim in the email referenced above was knowingly false.
4.
Mr. Malm demonstrated actual malice when he lied to diocesan staff, stating that Plaintiff’s
departure from the previous employer occurred prior to Plaintiff’s arrival at Grace Episcopal Church. 5.
Mr. Malm, a member of the clergy, knew that the statement about the timing of Plaintiff’s
departure from his previous employer was false when he made it, for he had discussed the matter repeatedly with Plaintiff and others, including church officer Elizabeth Legere. 6.
An action for defamation would ordinarily be time-barred by Virginia’s one-year statute of
limitations, as set forth at Va. Code § 8.01-247.1. 7.
Pursuant to Va. Code 8.01-229(C) the statute of limitations is tolled when the an injunction
delays filing of a claim. 8.
An injunction, in the form of a protective order, was in place from a date on or about January 27,
2018 to January 27, 2020. This order prevented contact with Mr. Malm and was obtained by him via a series of false and misleading statements to the courts. Exhibit 2.
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9.
Pursuant to Va. Code 8.01-229(D), the statute of limitations is tolled when the defendant has
obstructed the filing of a timely claim in tort. 10.
In the instant case, Grace Episcopal Church, acting through its agent/employee Robert H. Malm,
failed to provide the subject email in prior litigation between the parties that followed within a year of the defamatory statement, despite the fact that the email in question was squarely within the ambit of requested discovery. Exhibit 3. 11.
Plaintiff believes and avers that the instant email was available inter alia from Robert H. Malm,
defendant in a related case; Kelly Gable, referenced supra; diocesan staff (who provided the copy that came to light several weeks ago); the church’s email provider, Gmail; and possibly others. 12.
Defendant Grace Episcopal Church stated in its discovery responses that it had provided relevant
materials. 13.
Defendant Grace Episcopal Church does not appear to have listed the relevant email in its
privilege log. 14.
Pursuant to disciplinary rule 3.4(a) and Code Va. Code §8.01-379.2:1, Defendant and its attorney
had an obligation to preserve and protect the defamatory email, and to produce it during discovery. 15.
Plaintiff submits that, having failed to do so, Defendant Grace Episcopal Church and its attorney
engaged in spoliation, fraudulent concealment and unethical conduct, thus tolling the relevant statute of limitations. PARTIES 16.
Plaintiff Eric J. Bonetti is an individual and a resident of Virginia.
17.
Defendant Grace Episcopal Church is an unincorporated non-profit, operating in Virginia and
located in Alexandria. JURISDICTION AND VENUE 18.
This Court has specific personal jurisdiction over the Defendant under Virginia’s long-arm statute,
Va. Code § 8.01-328.1, as well as the Due Process Clause of the U.S. Constitution because, among other things, the tortious actions above occurred in Virginia.
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19.
Venue is proper in this circuit under Va. Code § 8.01-328 because the causes of action asserted
herein arose within this Circuit.
FACTS 20.
The above facts are hereby incorporated by reference.
WHEREFORE, Plaintiff respectfully requests the Court to enter an award for Plaintiff, and against Defendant, as follows: a.
Awarding Mr. Bonetti compensatory damages of not less than $25,000, or in such additional amount as may be proven at trial;
b.
Awarding Mr. Bonetti punitive damages to the maximum extent permitted by the laws of this Commonwealth, but not less $350,000;
c.
Awarding Mr. Bonetti all expenses and fees, including attorneys’ fees; and
d.
Such other and further relief as the Court deems appropriate.
JURY TRIAL DEMAND
21. Plaintiff Eric J. Bonetti requests a jury trial on all issues so triable.
I, Eric J. Bonetti, do affirm and attest that the statements set forth in this amended complaint are true to the best of my knowledge and belief. Dated this 11th day of August, 2020.
ERIC J. BONETTI Pro Se Plaintiff 4129 Fountainside Lane 203 Fairfax VA 22030 eric.bonetti@me.com
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Exhibit 1.
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Exhibit 2.
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Exhibit 3.
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