$10M suit filed against Cornerstone Nashville church

A sexual abuse victim has filed a lawsuit against Cornerstone Nashville church, saying the Madison megachurch's negligence led to his abuse by a church volunteer almost a decade ago.

The now adult victim was 10 years old at the time and is seeking at least $10 million in damages, according to the lawsuit filed in Davidson County Circuit Court about two weeks ago. The court document alleges that church staff appointed Brian L. Mitchell to be the boys mentor despite his prior criminal history and allowed them to be alone together, which went against church policy.

"It is widely known or should be known among those who undertake a duty to care for minor children that individuals who sexually abuse children tend to prey upon weak, vulnerable, and/or insecure children," the lawsuit states. "Mitchell and Cornerstone Church officials were specifically aware of (the victim's) troubled childhood when Mitchell groomed him and then sexually abused, raped and exploited him."

The Rev. Maury Davis, who is the church's senior pastor, read a statement to his congregation Sunday, addressing the lawsuit. Davis said in the statement provided to The Tennessean by the church, that it takes the safety of its members "very seriously" and policies were in place and followed at the time of the abuse.

"Though we were surprised by the lawsuit against Cornerstone, we recognize it is not the real tragedy; the tragedy is the victimization of the child involved. We can all agree to vigorously defend our church, while still deeply caring about this young man’s life," Davis said.

The lawsuit references incidents that span 2007 and 2008. Mitchell, who is also listed as a defendant in the lawsuit, was convicted of aggravated sexual battery for a 2007 incident. His arrest and conviction came after the victim told a therapist about the abuse in 2012, the lawsuit states.

Online court records and a Tennessee Department of Correction database list a Brian L. Mitchell with the same conviction for a 2007 incident and say he is currently incarcerated at the South Central Correctional Facility in Clifton, Tenn.

The victim was not available for comment, said Tricia Herzfeld, of Ozment Law, who is one of the plaintiff's attorneys. The Tennessean typically does not name victims of sexual assault.

"We believe that the lawsuit speaks for itself," Herzfeld said.

The lawsuit recounts a 2008 incident where the boy, then age 11, was watching a movie at Mitchell's apartment and the man began touching the boy inappropriately. The boy was abused again later that day, the court document states. The boy's mother found text messages from Mitchell to the boy and reported it to church staff, who told her they would address it and she shouldn't take further action, the lawsuit states.

The victim's mother had asked church staff to pair her son with a mentor, thinking he would benefit from an adult male role model since his father died by suicide when he was an infant, the lawsuit states. Church staff paired the boy with Mitchell despite his prior misdemeanor conviction of contributing to the delinquency of a minor, the court document says.

The lawsuit also says church staff attempted to cover up their role by "making misleading statements in the news media, and blamed (the victim's) mother and family for (his) victimization."

The lawsuit is seeking punitive damages based on negligence and reckless and/or intentional infliction of emotional distress from the church and Mitchell. No court date has been set for the lawsuit and no response has been filed.

The full statement Davis read Sunday at Cornerstone Nashville is as follows:

Cornerstone Nashville has been served with a civil lawsuit attempting to hold the church responsible for the sexual abuse of a child by a church volunteer in 2007. As your pastor, I want to provide information without getting into the facts of the case. Our first concern is to ensure the child, who is now a young adult, is not re-victimized in court or in the media. Therefore, the following comments do not address specific allegations in the lawsuit.

• Cornerstone Nashville takes the safety of our congregation, including our children, very seriously. We have policies in place to ensure the protection of our children, and those policies were in place and followed during the time of the abuse that is the subject of this lawsuit.
   
• The person who perpetrated the abuse was tried and convicted in court for his crimes, and he is now in prison. Though he attended our church, he was not a volunteer in Cornerstone Nashville’s children’s or youth ministry at any time.
   
• The crime occurred in a private residence unrelated to the church. It did not happen on church property; it did not happen during a church activity or under any form of church supervision; and it did not involve anyone acting on behalf of the church in any way.

Though we were surprised by the lawsuit against Cornerstone, we recognize it is not the real tragedy; the tragedy is the victimization of the child involved. We can all agree to vigorously defend our church, while still deeply caring about this young man’s life.

Reach Holly Meyer at 615-259-8241 and on Twitter @HollyAMeyer.