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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

KIMBERLEY E. O’BRIEN, ) 

 ) 

 Plaintiff, ) 

 ) Case No. 12-cv-1201 

vs. ) 

 ) 

KEVIN ANDERSON, ) 

 ) 

DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES 

TO PLAINTIFF’S COMPLAINT AT LAW

 NOW COMES Defendant, Kevin Anderson, by and through his attorneys, Schuyler, 

Roche & Crisham, P.C., and answers Plaintiff’s Complaint at Law as follows: 

I. NATURE OF THE ACTION 

 This is a re-filing of a previous action as allowed by the Court’s December 5, 2011 Order 

and seeks redress for Defendant’s tortious and extreme physical and emotional abuse. Defendant 

tied up, beat, hit, whipped, sodomized, and psychologically abused Kim for the purpose of 

making her completely dependent upon him, isolating her from family and friends, and enslaving 

her. Plaintiff’s Complaint alleges five counts against Defendant: (i) Intentional Infliction of 

Emotional Distress; (ii) False Imprisonment; (iii) Assault and Battery; (iv) Sexual Assault 

pursuant to Cal. Civ. Code § 1708.5; and (v) Negligence. 

ANSWER: Defendant admits that this is a re-filing of a previous action and that 

Plaintiff’s Complaint alleges five counts against Defendant. Defend denies the remaining 

allegations set forth in this paragraph entitled “NATURE OF ACTION.” 

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II. PARTIES

1. Plaintiff Kimberley E. O’Brien is a citizen and resident of the State of Illinois 

with her principal residence at 900 North Lake Shore Drive in Chicago, Illinois. 

ANSWER: Defendant states that he has insufficient knowledge upon which to base a 

belief as to the truth or the falsity of the allegations contained in this paragraph and 

therefore denies all such allegations and demands strict proof thereof. 

2. Defendant Kevin Anderson is a citizen of the State of Wisconsin with a principal 

residence located in Hudson, Wisconsin. At various times material to this action, Defendant 

resided in Illinois and transacted business in the State of Illinois, within the County of Cook. 

Defendant has engaged in and continues to engage in many of the acts about which Plaintiff 

complains in the County of Cook, State of Illinois. 

ANSWER: Defendant admits that he is a citizen of the State of Wisconsin with a 

principal residence located in Hudson, Wisconsin. Defendant denies the remaining 

allegations contained in this paragraph of this complaint. 

III. FACTUAL BACKGROUND 

 A. THE COURTSHIP AND THE FIRST INSTANCES OF DECEIT

3. Kim first met the Defendant during a chance meeting at The Little Nell in Aspen, 

Colorado on February 3, 2000. The parties spent hours talking and socializing. At the time, 

Defendant informed Kim that he was not married and had no children. 

ANSWER: Defendant admits that Defendant met Plaintiff in Aspen, Colorado in 

February 3, 2000 as Plaintiff was hired as an escort. Defendant denies the remaining 

allegations contained in this paragraph of this complaint.

4. Over the course of the next month-and-a half, Defendant called Kim on a nearly 

daily basis, occasionally leaving messages, but Kim did not answer because of her concerns 

about having a long-distance relationship. 

ANSWER: Defendant admits he had some phone conversations with Plaintiff. 

Defendant denies the remaining allegations contained in this paragraph of this complaint. 

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5. Finally in approximately April 2000, Kim returned one of Defendant’s calls and 

agreed to meet him in Chicago for the weekend. 

ANSWER: Defendant admits that Plaintiff met Defendant in Chicago for an overnight 

where Plaintiff was a paid as an escort. Defendant denies the remaining allegations 

contained in this paragraph of this complaint. 

6. While in Chicago that weekend, Defendant took Kim to dinner, they went 

dancing, and Defendant showered Kim with lavish gifts. 

ANSWER: Defendant admits that Plaintiff met Defendant in Chicago for an overnight 

where Plaintiff was paid as an escort, and Plaintiff and the Defendant went to dinner and 

dancing. Defendant denies the remaining allegations contained in this paragraph of this 

complaint. 

7. During that trip, the Parties spoke at length regarding their hopes and dreams for 

the future, and the Defendant told Kim that he wanted to make her dreams a reality. 

ANSWER: Defendant admits that Plaintiff met Defendant in Chicago for an overnight 

where Plaintiff was paid as an escort. Defendant denies the remaining allegations 

contained in this paragraph of this complaint. 

8. During that conversation, Defendant bragged about his collection of rare coins. 

Defendant maintained the rare coin business through himself and his controlled alter-ego 

Christopher Napolitano for the purpose of accumulating significant undisclosed non-taxable 

wealth and has a collection valued in excess of $4,000,000. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

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9. Defendant suggested that Kim take classes at the Gemological Institute of 

America in New York City so she could help diversify his rare coin business and offered to pay 

for the classes. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

10. A few weeks later, Defendant invited Kim to join him in New York to experience 

a coin show with him. Kim met Defendant in New York City where she began acquiring 

knowledge of the acquisition and sale of rare coins. Defendant told her that she could contribute 

and join in his rare coin business venture. 

ANSWER: Defendant admits that Plaintiff and Defendant have visited New York City. 

Defendant denies the remaining allegations contained in this paragraph of this complaint. 

11. That trip began a whirlwind courtship where Defendant took Kim on three to five 

day weekend excursions every other week. During those trips, Kim accompanied Defendant to 

places such as Aspen, New York, Montreal, Chicago and Atlanta for coin shows and leisure. 

ANSWER: Defendant admits that Defendant and Plaintiff took some trips together. 

Defendant denies the remaining allegations contained in this paragraph of this complaint. 

12. During that time period, Defendant also regularly made surprise visits to Kim’s 

residence in Michigan and lavished Kim with expensive gifts, including approximately $10,000 

worth of clothing from a boutique in New York City following their trip to the coin show. 

ANSWER: Defendant admits that Defendant visited Plaintiff in Michigan and that he 

gave Plaintiff gifts on occasion. Defendant denies the remaining allegations contained in 

this paragraph of this complaint. 

13. Later that fall, in approximately November 2000, Kim met Defendant for a skiing 

vacation in Lake Tahoe. During that Lake Tahoe trip, Kim learned that Defendant was still 

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married to his first wife, Linda Anderson, and had a child named Tyler. It was the first of many 

times that Defendant lied to her during their relationship. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

14. Upon learning that Defendant was married, Kim was devastated because she 

realized that she had fallen in love with a married man. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

15. Defendant poured on the charm, however, and pleaded with Kim that his prior 

marriage was effectively over and that finalizing the divorce was simply a formality as the 

divorce had been in progress for several years. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

16. Nevertheless, Kim and Defendant left Lake Tahoe on separate flights, and Kim 

expressed to Defendant that she needed to think about whether to continue seeing him. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

17. Defendant thereafter continued his efforts to woo Kim. Later that year, Defendant 

lured Kim back into committing to their relationship by giving Kim a promise ring on December 

23, 2000 at a hotel in downtown Minneapolis. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

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18. Defendant claimed the ring represented his promise to become engaged to her as 

soon as his divorce to his first wife was final. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

19. Kim, who longed for a committed relationship with the Defendant, was 

overwhelmed by Defendant’s gesture and agreed to continue their relationship. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

20. Over the course of the following months, Defendant resumed his whirlwind 

courtship of Kim, plying her with expensive gifts and trips to exotic locations. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

21. During that time period, Defendant updated Kim regularly regarding the progress 

of his divorce and assured her of his love for her. At the time, Kim had never felt so safe or 

secure in a relationship. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

 B. DEFENDANT’S ADDICTION TO PORNOGRAPHY 

22. Prior to meeting Kim, Defendant was already grappling with a serious addiction 

to pornography. See Stephen A. Kosa’s Report submitted in connection with Defendant’s 

divorce to his first wife, a copy of which is attached hereto as Exhibit A. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

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23. Prior to meeting Kim, Defendant was corresponding with people other than his 

wife on-line for the purpose of arranging group sex. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

24. Defendant’s addiction to pornography took a sinister turn as he began to indulge 

his fantasies of living a sadomasochistic lifestyle. 

ANSWER: Defendant denies the allegations contained n this paragraph of this 

complaint. 

25. Defendant admitted to visiting the website “Albany Power Exchange” to research 

various aspects of the sadomasochist lifestyle. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

26. Defendant researched the following topics: 

(a) Rules governing and defining the master/slave relationship; 

(b) Guidelines for drafting a “slavery” contract; 

(c) Guidelines for how to perform an enima [sic] as punishment; 

(d) Definitions distinguishing a submissive partner from a slave and the levels 

of submission and dominance; 

(e) Advice on how to best restrain and collar a slave; 

(f) Guidelines on promiscuity of the master and how to address the 

submissive’s jealousy; and 

(g) Guidelines for “breast bondage,” spanking, and figging. 

See Albany Power Exchange materials, copies of which are attached hereto as Exhibit B. 

ANSWER: Defendant denies the allegations contained in this paragraph (including 

subparagraphs (a) – (g) of this complaint. 

27. Defendant answered an online check-list he printed from the website IronRose.com detailing his levels of sexual stimulation related to certain activities including being 

highly stimulated by anal plugs, beatings, bondage, and fantasy rape. See Submissive BDSM 

Play Partner Check List, a copy of which is attached hereto as Exhibit C. 

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ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

28. In or about 2002, Defendant drafted a fantasy contract between himself and an 

individual named Elizabeth O, which combined Kim’s middle name with the title character in a 

book about bondage that he read. See Unsigned Slavery Contract, a copy of which is attached 

hereto as Exhibit D. Defendant never showed Kim a copy of that contract. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

29. Prior to the parties’ marriage, Defendant never acted upon these fantasies with 

Kim, nor did he explain them to Kim. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

30. Eventually, Defendant began to attempt to persuade Kim to refer to him as 

“Master” in their email conversations and began sending Kim sexually explicit emails. Kim did 

not take Defendant’s request seriously and believed he was joking, referring to his, at times, 

obstinate personality. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

31. Unbeknownst to Kim, however, Defendant had a far more sinister scheme in mind 

as he secretly began hoarding sexual devices he intended to introduce into their relationship once 

married. See Sexually explicit emails from Defendant to Kim, copies of which are attached 

hereto as Exhibit E; Photos of sexual toys purchased by Defendant during relationship, copies of 

which are attached hereto as Exhibit F. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

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C. DEFENDANT’S MANIPULATION AND CONTROL OF PLAINTIFF 

32. After spending New Year’s Eve with Kim and her parents, Defendant proposed to 

Kim for the first time on January 2, 2002 at the Cookshop in Windsor, Ontario. Kim refused to 

accept the ring because Defendant was still married at the time. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

33. Defendant convincingly acted as if he was heartbroken by Kim’s refusal and spent 

the next nine months actively courting Kim in an effort to manipulate her into changing her 

mind, once again taking Kim on weekend trips and visiting Kim and her family in Michigan. 

ANSWER: Defendant admits that Plaintiff and Defendant took some trips together. 

Defendant denies the remaining allegations in this paragraph of this complaint. 

34. Then, on October 6, 2002, Defendant proposed again while the couple was at the 

Four Seasons in New York City. Kim accepted the ring due to Defendant’s deceitful assurances 

that his divorce had been finalized. To substantiate his false claims, Defendant showed Kim 

what he claimed was a final decree of divorce from his first wife. Kim did not learn until much 

later that the document did not evidence a final divorce. (Defendant’s divorce of his first wife 

did not actually become final until Spring 2004.) 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

35. Now engaged to Kim, Defendant persuaded Kim to move to Minneapolis to join 

him, to quit her job, and to return to school at the Art Institute of Minnesota to pursue a degree in 

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interior design. Defendant encouraged Kim to pursue the degree so she could help in renovating 

property ventures undertaken during the following three years. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

36. Defendant’s actual motive for convincing Kim to move, quit her job and return to 

school was solely to make Kim financially dependent upon Defendant and to remove Kim from 

the influence of her family and friends. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

37. From October 2002 through December 2002, Kim settled her affairs in Michigan 

and prepared to move in with Defendant at his home near Minneapolis without any awareness 

that he was actually still married, including quitting her job and enrolling in school in 

Minneapolis. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

38. Then, in December 2002, Kim learned that Defendant had lied about the divorce 

being final. Defendant once again poured on the charm and convinced Kim that the divorce 

would be final just after the holiday and they could start their life together. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

39. After spending the first part of 2003 concentrating on school, in or about August 

2003, Kim and Defendant purchased a studio apartment at 900 North Lake Shore Drive, 

Chicago, Illinois. They purchased the apartment as a business investment, consistent with their 

previous discussions concerning Kim using her design knowledge to assist in renovating 

property for investment purposes. 

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ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

40. In the fall of 2003, Defendant coerced Kim to spend any time she was not 

attending design classes in the Chicago apartment to avoid being deposed in his divorce 

proceedings. Kim expressed to Defendant that she was willing to be deposed and had nothing to 

hide, but Defendant insisted that she comply, once again pouring on the charm. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

41. Kim unhappily consented to the arrangement and spent her time traveling back 

and forth between Chicago and Minneapolis until Defendant’s divorce was finalized in or about 

March of 2004. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

D. COVE ROAD AND THE FRAUDULENT QUITCLAIM DEED 

42. Beginning in the summer of 2003 and continuing through summer of 2004, Kim 

and Defendant searched for a marital home in or near Hudson, Wisconsin, a city in the 

Minneapolis metropolitan area. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

43. To contribute money toward the purchase of the property at 270 Cove Road in 

Hudson, Kim refinanced a townhouse in Michigan, extracting all of the equity, so that she could 

contribute money toward the purchase of the Cove Road home. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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44. From the refinancing, Kim provided Defendant with $24,000 towards the 

purchase price of the Cove Road property with the express understanding that her name would 

appear on the mortgage and that she would have a 50% ownership interest. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

45. When Kim delivered the $24,000 to Defendant, he lied and told Kim that the 

closing would take place on July 9, 2004 when it was actually scheduled for July 6, 2004. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

46. Defendant misrepresented the closing date of the property to ensure that Kim 

would not be present to sign the mortgage at closing so that he could take the property solely in 

his name. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

47. On July 6, 2004, Defendant signed the mortgage without Kim present. Defendant 

let Kim know about his “mistake” as to the date only after it was too late for Kim to be present at 

the closing. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

48. Kim expressed her dismay that her name did not appear on the title to the marital 

home, despite their engagement to marry and her $24,000 contribution. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

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49. At that time, Defendant scurrilously told Kim that she should get a lawyer if she 

wanted to name added to the mortgage in spite of his earlier protestations of it being an innocent 

omission. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

50. Later that month, in July 2004, Kim and Defendant travelled to New York City 

for a coin show. When they arrived at the hotel, there were three-dozen roses in vases on the 

table along with an apology note from Defendant. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

51. Defendant also apologized profusely for signing the mortgage without her and 

showing her a notarized quitclaim deed purporting to add her name to the title on the Cove Road 

property. See Cove Road Quitclaim Deed, a copy of which is attached hereto as Exhibit G. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

52. Based on the Defendant’s representations, Kim believed that the title and 

mortgage had been changed to reflect their mutual ownership in the property, and she accepted 

Defendant’s apology and agreed to stay with Defendant at the Four Seasons in New York City 

for the next week for the coin show. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

53. Unbeknownst to Kim, however, Defendant never caused the quitclaim deed to be 

filed or recorded. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

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54. In or about July 28, 2004, Defendant carried Kim across the threshold of what she 

believed would be their marital home at 270 Cove Road in Hudson, Wisconsin. Kim and 

Defendant planned to marry in or about November 2004. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

E. PLAINTIFF BECOMES PREGNANT AND THE ABUSE BEGINS

55. In August of 2004, while in Pittsburgh for another coin show, Kim learned that 

she and Defendant had conceived a child. 

ANSWER: Defendant denies the allegations contained in this paragraph of the complaint.

 56. Shortly thereafter, Defendant began verbally abusing Kim by disclaiming his 

paternity, threatening to cut Kim off financially, pressuring her to abort their child, and by 

calling her in words or substance a “fat piece of dirt.” He further claimed that he was already 

paying child support and that he was not going to let Kim use the child to “steal his money.” 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

 57. Unbeknownst to Kim, Defendant also began visiting other women and escorts in 

other cities while on purported business trips. Specifically, in October of 2004, Defendant 

corresponded with Valenti International for the purpose of engaging their services for $75,000 to 

set him up with a female companion. See Valenti International Correspondence, copies of which 

are attached hereto as Exhibit H. 

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ANSWER: Defendant admits that he corresponded with a company named Valenti 

International. Defendant denies the remaining allegations contained in this paragraph of 

the complaint.

58. Every time Kim attempted to speak with Defendant about their pending nuptials 

and the baby, he became more abusive until once, in early October, he struck Kim across the top 

of the head and stood over her screaming at her to “quit her f***ing bawling.” He continued to 

pressure her to get an abortion if she wanted to continue with their relationship. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

59. Defendant postponed the wedding, which had been planned to take place in or 

about November 2004, and strung Kim along about rescheduling the wedding, vacillating daily 

about whether or not he was willing to accept their child. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

60. In mid-November, after reaching an agreement that a small wedding would take 

place in Chicago just after Thanksgiving, Defendant called and issued Kim a final ultimatum 

“get an abortion or I’m not going to marry you.” 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

61. Kim was beyond devastated and cried hysterically for hours. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

62. That night, Defendant called Kim after he was already supposed to be on the 

flight to Chicago and informed her that he missed his flight because of work, and that he would 

meet her in Chicago the following morning. The next morning he called a second time and 

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cancelled the trip altogether saying, in words or substance, “you know what you have to do or I 

won’t marry you and you won’t see me again,” referring to the abortion. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

63. On the day after Thanksgiving (November 26, 2004), battered by Defendant’s 

repeated abuses, deceptions and psychological manipulations, Kim proceeded with an abortion. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

64. During the first week of December, Defendant came to Chicago hoping to resume 

their relationship as if Kim had never become pregnant. 

ANSWER: Defendant admits that he visited Chicago in the first week of December 2004. 

Defendant denies the remaining allegations contained in this paragraph of the complaint.

65. Heartbroken over the loss of her child and that she had succumbed to Defendant’s 

demands, Kim informed Defendant that she never wanted to see him again. Defendant refused 

to stay away and repeatedly called and emailed Kim asking her to “stop blaming him for their 

baby’s death,” begging for forgiveness for his poor decisions, and pleading with Kim to take him 

back. See Emails from Defendant to Kim, copies of which are attached hereto as Exhibit I. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

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66. During that same timeframe, as soon as he knew Kim was no longer pregnant, 

Defendant contacted Valenti International and requested that they write an email claiming he had 

never contacted them. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

F. DEFENDANT LURES PLAINTIFF BACK 

67. In January 2005, Defendant asked Kim to reschedule their wedding for 

Valentine’s Day in Santa Barbara. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

68. Kim agreed, but solely upon the condition that Defendant, who had already 

cancelled the wedding before, would plan the wedding. See Wedding Planning email, a copy of 

which is attached hereto as Exhibit J. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

69. The wedding was planned to proceed in February of 2005, and they headed to 

Santa Barbara for the wedding. However, Kim woke up on the morning of the scheduled 

wedding to find Defendant left behind an apology note on her bed stand explaining that he had 

left and would not be proceeding with the wedding. 

ANSWER: Defendant admits that the parties were not married in February 2005. 

Defendant denies the remaining allegations contained in this paragraph of the complaint.

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70. Afterwards, Defendant contacted Kim and apologized for leaving her at the alter 

again. In an effort to lure her back, Defendant offered to participate in couple’s therapy if she 

took him back. Defendant attended two sessions with Kim before he quit. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

71. Shortly thereafter, Defendant surprised Kim at her church in Chicago and got 

down on one knee to propose. Kim still loved the Defendant, in spite of his behavior, and agreed 

to give him one more chance. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

G. THE PHYSICAL ABUSE DRAMATICALLY ESCALATES FOLLOWING 

THE PARTIES’ MARRIAGE 

72. On May 11, 2005, Kim and Defendant were finally married in Carmel, California. 

ANSWER: Defendant admits the allegations contained in this paragraph of this 

complaint. 

73. Each night during the first few days of their honeymoon, Defendant coaxed Kim 

into more adventurous sexual activities that he concocted. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

74. Caught up with the excitement of finally being married to the man that she loved, 

Kim indulged Defendant’s requests. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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75. On the fourth night of their honeymoon, Defendant sexually assaulted and 

sodomized Kim after knocking her unconscious. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

76. That evening, Defendant started by expressing his desire to blindfold Kim so that 

he could “tease” her body with a feather. Kim consented to being blindfolded. 

ANSWER: Defendant admits that Plaintiff was blindfolded, but it was at her request 

and consent. Defendant denies the remaining allegations contained in this paragraph of 

the complaint. 

77. Once blindfolded, however, Defendant then punched Kim violently in the head 

causing her to lose consciousness. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

78. Immediately thereafter, Defendant proceeded to bind Kim’s arms and legs tightly 

and beat her severely with a whip. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

79. Defendant then sodomized Kim with a large “plug.” 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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80. As Kim lay bound, gagged, battered, and sodomized, Defendant took humiliating 

pictures of Kim lying bound, battered, naked and helpless, all of which was done without Kim’s 

knowledge or consent. See Sexual Assault Photos, copies of which are attached hereto as 

Exhibit K. 

ANSWER: Defendant admits taking pictures of the Plaintiff at her urging, with her 

knowledge and her consent. The Defendant denies the remaining allegations contained in 

this paragraph of the complaint. 

81. Defendant left Kim bound throughout the night in severe pain and against her 

will. This episode four days into the marriage left whip marks on Kim’s body. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

82. Upon awaking during the night while bound, gagged, beaten and sodomized, Kim 

begged and pleaded with Defendant to release her, but Defendant left her bound as he informed 

her of the new “rules of their relationship.” 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

83. When he finally released Kim the next morning, Defendant threatened her by 

saying in words or substance: 

“you will never tell anyone about this and if you’re a good slave this will never 

happen again. If you tell a single soul about this I will beat your face so badly 

that you will not recognize your own face in the mirror.” 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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84. Once released, Defendant acted as if nothing had transpired to the point where it 

all felt like a bad dream. Confused and in shock, Kim did not know how to even address what 

had occurred when Defendant later ordered her to pose for photographs to document the last day 

of their honeymoon. Kim complied with his demands to smile for the camera. 

ANSWER: Defendant admits that photographs were taken of the Plaintiff on the last day 

of their honeymoon at her urging, with her knowledge and consent. The Defendant further 

denies the other allegations contained in this paragraph of the complaint. 

85. The next day, Defendant said in words or substance, that he liked seeing those 

marks all over her body because it showed that she “belonged” to him. Defendant then informed 

Kim she was his slave and that he was her master. He informed her that this Master/Slave 

arrangement was the lifestyle he expected from her going forward. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

86. When they returned from their “honeymoon,” Defendant demanded that Kim 

parade naked at all times when she was in the house and that if she was not naked when he 

arrived at home, she would be beaten. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

87. Defendant struck Kim on several occasions. Each time that Defendant hit Kim, 

he was careful not to leave visible marks on Kim’s body that could be seen if Kim wore clothing. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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88. As described in detail below, Defendant battered, pushed, tied up and falsely 

imprisoned Kim on numerous other occasions, all of which was without provocation or Kim’s 

consent. Defendant continued to torture, abuse and beat Kim throughout the summer of 2005 in 

a deliberate and calculated pattern of abuse followed by apologies and false promises. On each 

occasion, the physical torture grew more vigorous and relentless until and unless Kim referred to 

Defendant as “Master.” The beatings became more frequent and occurred in California, 

Wisconsin, Illinois and elsewhere. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

 (1) Defendant Admits He Has A Problem

89. Two days after returning from their honeymoon, Kim discovered a stack of papers 

detailing Defendant’s communications with adult dating services and a list of women he 

intended to meet on a shelf hidden behind the door to their home office. See Dating Service 

communications, copies of which are attached hereto as Exhibit L. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

90. Kim was horrified and devastated at discovering that Defendant had been actively 

soliciting other women to date while she was pregnant during their engagement. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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91. Kim confronted Defendant about both the contract with Valenti and the list of 

women he intended to meet. Defendant denied any wrongdoing and claimed that he never 

submitted the contract, but confronted with proof of his infidelity, Defendant eventually admitted 

that he had a problem. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

92. Defendant, once again, plied Kim with promises that he would never let it happen 

again. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

93. Defendant’s feigned remorse was short-lived, and within a few weeks, he started 

disappearing for days at a time. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

94. One day in mid-June, Kim became alarmed when Defendant failed to come home 

from work. She frantically called his work cell phone over and over because she was worried 

that he might have been injured. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

95. When Defendant finally returned home, he screamed at her for calling him at 

work and reminded her that he was her “Master” and that he could “come and go as he pleased.” 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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96. Defendant then dragged Kim downstairs into their home office, tied up her hands 

and feet with a length of rope, and beat her with a whip to remind her of “her place in their 

marriage.” The entire time he beat her, Defendant reminded her that it was her own fault she 

was being beaten because she had been a bad slave. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

97. Defendant, once again, deliberately beat Kim in a way to ensure any marks would 

be to parts of Kim’s body normally clothed. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

 (2) Defendant Throws Plaintiff Over A Couch In New York City 

98. Later that month, while staying at the Grand Hyatt in New York City for a coin 

show, Defendant and Kim had a verbal disagreement that escalated into another physical assault 

when Defendant threw Kim over a sofa in their hotel room. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

99. While Kim lay on the floor sobbing, Defendant came over and twisted her wrist 

back so hard that they heard a “pop” that caused Defendant to stop battering her. Kim’s wrist 

was still sore several months later. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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 (3) Defendant Assaults Plaintiff On The Fourth Of July

100. On the Fourth of July, Kim attended a party at Defendant’s brother’s house with 

Defendant and his son from his first marriage, Tyler. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

101. That night, Defendant drank to excess while Kim shared copies of their wedding 

photos with the other guests, primarily Defendant’s relatives. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

102. At approximately midnight, Kim started repeatedly asking Defendant to take her 

and Tyler home. Defendant refused to leave and eventually her requests started an argument. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

103. Defendant finally took them home at approximately 1:30 a.m. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

104. When they arrived home after dropping Tyler off at his mother’s house, 

Defendant dragged Kim into their basement home office, and then, stripped Kim naked, tied her 

up, blindfolded her and beat her with a whip for the second time in less than a month. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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105. Kim begged Defendant to stop and struggled against her restraints. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

106. Defendant refused and threatened to pour down Kim’s through what Defendant 

claimed was another man’s semen. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

107. Kim continued to plead and beg to be released as she tried to avoid him pouring 

such liquid down her throat. Defendant then forced himself upon her sexually. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

108. After he finished with her, Defendant left Kim bound on the floor overnight as a 

punishment for her complaints at the party. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

109. Repeating his deliberate and calculated Jekyll and Hyde pattern, Defendant soon 

apologized for beating Kim and promised that it would never happen again. By that point, Kim 

had been so thoroughly abused and fearful that she lacked the power to leave or resist. See Post 

Fourth of July email, a copy of which is attached hereto as Exhibit M. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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 (4) Plaintiff Finds Defendant’s Pornography 

110. For the next month-and-a half, Kim tried to spend as much time as possible in 

Chicago working with contractors, to rehabilitate the newly acquired Chicago property, trying to 

stay away from Defendant to avoid being attacked. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

111. On August 24, 2005, Kim returned to the Cove Road house and started the 

computer to check her email. Kim discovered that Defendant was still looking at pornography 

and having sexually-explicit conversations with other women in the Hudson-area, including 

communications purporting to arrange in-person sexual encounters. See Adult Friend Finder 

webpage, a copy of which is attached hereto as Exhibit N; Internet History, a copy of which is 

attached hereto as Exhibit O. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

112. Specifically, she observed an email communication between Defendant and a 

woman from a nearby town where Kevin asked the other woman “what can I do to you?” and the 

other woman’s reply was “anything you want.” 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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113. At that point, Kim called Defendant at work to confront him about his infidelity. 

Defendant told her to wait for him and that he was coming home. As she hung up the phone, 

Kim realized that she was about to be beaten again. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

114. Instead of waiting to be beaten and assaulted, Kim went to the police to file a 

police report regarding Defendant’s pattern of abusive behavior. The police documented her 

complaint, but informed her nothing could be done since more than a month had passed since the 

last assault. See August 24, 2005 Police Report, a copy of which is attached hereto as Exhibit P. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

 (5) Defendant Files For Divorce And The Abuse Continues

115. On or about August 25, 2005, and because Defendant learned that Kim went to 

the police, Defendant filed for divorce without telling Kim or serving her with any papers. 

Meanwhile, unbeknownst to Kim and at some time prior to serving her with divorce papers, 

Defendant had the Chicago apartment secretly gutted and rendered uninhabitable to ensure Kim 

had nowhere to go if she tried to leave him. Instead, Defendant continued his pattern of verbally 

and physically abusing Kim and then apologizing for his behavior. 

ANSWER: Defendant admits that he filed for divorce from Plaintiff. Defendant denies 

the remaining allegations contained in this paragraph of the complaint.

116. Then, on September 21, 2005, Defendant took Kim into their home office to show 

Kim a website called Paingasm.com, which depicted women being tortured while men had sex 

with them. Defendant also began keeping similarly themed videos around their house after 

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marrying Kim. See Photos of Pornographic Movies, copies of which are attached hereto as 

Exhibit Q. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

117. When Kim expressed dismay as to what she saw on Paingasm.com, Defendant 

tied her up and whipped her on the floor of their home office. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

 (6) Defendant Assaults Plaintiff And Is Arrested 

118. Two days later, on September 23, 2005, Kim asked Defendant to approve some 

remodeling work on the Chicago apartment when Defendant lost his temper again. He ripped 

her shirt, threw her across the room, and then while Kim was on the ground begging for mercy, 

Defendant yanked her up by her hair and back-handed her across the face. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

119. Kim fled to her bedroom until Defendant left for work and then went to the 

Hudson Police Department to file a report. See September 23, 2005 Police Report, a copy of 

which is attached hereto as Exhibit R. 

ANSWER: Defendant admits that Plaintiff filed a report with the St. Croix County 

Sheriff’s Dept. based on the call that he received from the Sheriff’s office that same day. 

Defendant denies the remaining allegations contained in this paragraph of the complaint. 

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120. At that time and in a distraught state, Kim refused to have any pictures taken of 

the bruising and whip-marks all over her body because she was embarrassed to have a male 

officer inspecting her body. 

ANSWER: Defendant denies that Plaintiff had bruising or whip-marks on her body 

caused by him. Defendant states that he has insufficient knowledge upon which to base a 

belief as to the truth or the falsity of the remaining allegations contained in this paragraph 

and therefore denies all such allegations and demands strict proof thereof. 

121. Defendant’s conduct and Kim’s exhibited injuries were sufficiently extreme, 

however, that Defendant was placed under arrest for disorderly conduct and domestic battery 

later that day. At the time of his arrest, Defendant admitted to causing some of the injuries 

sustained by Kim, but claimed that he caused Kim injury in self-defense. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

122. Upon being released from policy custody, Defendant returned home, and with a 

cold stare, informed Kim that he would get his payback and that she would never see what was 

coming her way. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

123. On or about September 29, 2005, Defendant served Kim with (i) the divorce 

papers he previously secretly filed; and (ii) a restraining order containing false accusations of 

Kim physically abusing the Defendant during the course of the relationship, despite Defendant’s 

much greater size and strength. 

ANSWER: Defendant admits that on September 29, 2005, Plaintiff was served with 

divorce papers and a restraining order. Defendant denies the remaining allegations 

contained in this paragraph of the complaint.

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124. The restraining order also sought to have Kim ejected from their marital home. 

Defendant filed for the restraining order evicting Kim from the Cove Road property with the 

express intent of harassing Kim and leaving her without a place to live. 

ANSWER: Defendant admits that the restraining order requested that Plaintiff leave the 

Cove Road property. Defendant denies the remaining allegations contained in this 

paragraph of the complaint. 

125. On or about September 30, 2005, Kim returned to the Hudson Police Department 

(i) to give a statement to a female officer regarding Defendant’s most recent abuse; (ii) to 

document the injuries associated with that complaint; and (iii) to get a restraining order against 

Defendant. See September 30, 2005 Police Report, a copy of which is attached hereto as Exhibit 

S. 

ANSWER: Defendant admits that Plaintiff went to the St. Croix County Sheriff’s 

Department on September 30, 2005, based on the report he later obtained. Defendant 

denies the remaining allegations contained in this paragraph of the complaint. 

126. At that time, Kim had pictures taken of the injuries to her wrist, but elected to 

have Deputy Hart document her other injuries in a written report to avoid the humiliation of 

other members of the Police Department in Hudson (a small town) observing photographs of her 

private parts 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

H. DEFENDANT’S ONGOING PATTERN OF ABUSE 

127. Even after serving Kim with divorce papers, Defendant continued to harass and 

terrorize Kim by repeatedly calling her, emailing her, breaking into her house, and threatening 

her. 

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ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

128. Defendant’s sole purpose for continuing to harass and talk Kim was to exacerbate 

the mental and emotional injuries which he already caused her during their five-year relationship. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

 (1) Defendant Breaks Into Cove Road 

129. Following the September 30, 2005 restraining order, Defendant was no longer 

allowed in the Cove Road house. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

130. On October 9, 2005, at approximately 2:30 a.m., Defendant entered the Cove 

Road house without Kim’s permission, stayed for approximately five minutes, and called Kim a 

“fucking bitch” when she asked why he was there. See October 9, 2005 Police Report, a copy of 

which is attached hereto as Exhibit T. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint.

131. Defendant was drunk at the time he entered the premises and came for the sole 

purpose of harassing and intimidating Kim in retaliation for her previously having Defendant 

arrested. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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132. The Hudson police responded to the location after Defendant had already left, but 

stopped Defendant in his vehicle approximately two blocks away from the Cove Road house and 

give Defendant a ride to his hotel after taking a statement from Kim. 

ANSWER: Defendant admits that Defendant spoke to a St. Croix County deputy at Cove 

Road and Salishan Drive and that he received a ride from the deputy. Defendant denies 

the remaining allegations contained in this paragraph of the complaint. 

 (2) Defendant Threatens Plaintiff Over The Phone 

133. Less than a week later, on October 14, 2005, Defendant called Kim numerous 

times between the hours of 9:15 p.m. and 2:45 a.m. calling her sick in the head and threatening to 

“beat her ass” when he got a hold of her. See October 14, 2005 Police Report, a copy of which is 

attached hereto as Exhibit U. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

 (3) Defendant Breaks Into The House And Has The Alarms Changed 

134. On October 19, 2005, the Hudson police responded to the Cove Road address 

when Kim arrived home and found that the doors and windows of the house were open and that 

the house’s burglar alarm had been activated. See October 19, 2005, Police Report, a copy of 

which is attached hereto as Exhibit V. 

ANSWER: Defendant admits that Plaintiff contacted the police on October 19, 2005, 

based on the deputy report that he later obtained. Defendant denies the remaining 

allegations contained in this paragraph of the complaint. 

135. Kim could not turn off the alarm because Defendant changed the security code 

while she was out of town. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

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136. Defendant ransacked the house and changed the security codes in a further effort 

to harass and terrorize Kim. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

137. When they responded to the alarm call, Defendant confronted the Hudson police 

outside the Cove Road residence, demanding to know whether Kim made further complaints and 

further terrorizing Kim by making her aware that he was watching her. 

ANSWER: Defendant admits that he spoke with a St. Croix County deputy. Defendant 

denies the remaining allegations contained in this paragraph of the complaint. 

138. On October 26, 2005, Defendant again triggered the silent alarm at the Cove Road 

residence while trying to break in to the Cove Road house. See October 26, 2005 Police Report, 

a copy of which is attached hereto as Exhibit W. 

ANSWER: Defendant denies the allegations in this paragraph of this complaint. 

139. Defendant purposefully triggered the alarm to further terrorize Kim and let her 

know he could break into her home and reach her anytime he wanted. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint.

 (4) Defendant Threatens To Kill Plaintiff

140. On October 31, 2005, Kim went to Applebee’s for dinner when Defendant 

accidentally “bumped into” Kim. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

141. Defendant asked Kim to remain at Applebee’s to discuss settling the divorce. He 

then proceeded to threaten and intimidate Kim regarding their ongoing divorce by questioning 

her spirituality, threatening to withhold support payments, and then threatening to kill Kim. 

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ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

142. Kim then immediately fled the restaurant and called the police to file another 

complaint against Defendant. See October 31, 2005 Police Report a copy of which is attached as 

Exhibit X. 

ANSWER: Defendant admits that Plaintiff contacted the police on October 31, 2005 

based on the report that he later obtained. Defendant denies the remaining allegations in 

this paragraph of this complaint. 

143. While making her criminal complaint, Defendant continued to harass Kim by 

repeatedly calling her cell phone to threaten her. 

ANSWER: Defendant denies the allegations contained in this paragraph of the 

complaint. 

144. Later that night, Defendant was arrested. 

ANSWER: Defendant admits the allegations contained in this paragraph of this 

complaint.

 (5) Plaintiff Seeks A Restraining Order

145. On November 15, 2005, Kim obtained a restraining order against Defendant 

based upon a pattern of harassing behavior that occurred between October 28 and November 10, 

2005. See November 15, 2005 Police Records, copies of which are attached hereto as Exhibit Y. 

ANSWER: Defendant admits that Plaintiff obtained a temporary restraining order on 

November 15, 2005 based on the report that he later received. Defendant denies the 

remaining allegations contained in this paragraph of this complaint.

146. During that time period, Defendant stalked, called and threatened Kim nearly 

daily in an effort to continue to terrorize Kim and to punish her for having him arrested on 

domestic abuse charges. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

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 (6) Defendant Hires Private Investigators To Harass Plaintiff 

147. Subsequent to filing for divorce, Defendant hired at least four private 

investigators, including Raymond DiPrima d/b/a DiPrima Investigators, to perform background 

investigation about Kim. 

ANSWER: Defendant admits that Defendant retained the services of a private 

investigator. Defendant denies the remaining allegations contained in this paragraph of 

this complaint. 

148. During the course of those investigations and at Defendant’s direction, the 

investigators engaged in a smear campaign of Kim’s character in an effort to further harass and 

intimidate Kim, including but not limited to following Kim and harassing Kim’s friends and 

family. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

 (7) Defendant’s Continuing Mental Abuse 

149. Defendant has continued to harass and mentally torture Kim even after their 

divorce was finalized by continuing to: talk her while in Chicago, “randomly” bumping into her 

at her church, breaking into her apartment to steal things, and calling and texting her to let her 

know he is watching her and to psychologically abuse her by reminding her of the sexual assaults 

that he had perpetrated upon her during their marriage. See January 27, 2011 Occurrence 

Report, a copy of which is attached hereto as Exhibit Z. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

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COUNT I 

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 

150. Plaintiff repeats and incorporates by reference paragraphs 1-149 above as 

paragraph 150 of this Count I as if fully set forth herein. 

ANSWER: Defendant incorporates by reference his answers to paragraphs 1-149 as his 

response to paragraph 150 of this complaint. 

151. Defendant’s conduct towards Plaintiff prior to, during and following their 

marriage when viewed in its entirety constituted a pattern of purposeful abuse that was both 

extremely and outrageous in nature. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

152. In acting in the manner described more fully herein supra, Defendant intended to 

inflict severe emotional distress upon Plaintiff. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

153. In acting in the manner described more fully herein supra, Defendant knew or 

should have known that there was a high probability that his conduct would inflict severe 

emotional distress upon Plaintiff. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

154. In acting in the manner described more fully herein supra, Defendant in fact 

caused and continues to cause Plaintiff severe emotional distress including but not limited to 

symptoms associated with post-traumatic stress disorder, battered wife syndrome and general 

distress suffered on a daily and nightly basis, severe anxiety attacks over the physically and 

emotionally abusive conduct which she has experienced, nightmares and panic attacks associated 

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38 

with being forced to abort her unborn fetus to avoid the dire consequences with which she was 

threatened, an inability to carry on normal interpersonal and business relationships with others, 

and a general inability to live an emotionally healthy normal life. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

 WHEREFORE, Plaintiff is not entitled to judgment against the Defendant, Kevin 

Anderson, in any amount whatsoever. 

COUNT II 

FALSE IMPRISONMENT 

155. Plaintiff repeats and incorporates by reference paragraphs 1-149 above as 

paragraph 155 of this Count II as if fully set forth herein. 

ANSWER: Defendant incorporates by reference his answers to paragraphs 1-149 as his 

response to paragraph 155 of this complaint. 

156. At various points during their relationship as more fully laid out supra, Defendant 

unlawfully restrained Plaintiff’s freedom of movement by confining her with ropes and by 

forcefully grabbing her wrists in a manner intended to restrain Plaintiff’s freedom of movement. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

157. At various points during their relationship as more fully laid out supra, Defendant 

intended that his actions would restrain Plaintiff’s freedom of movement. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

158. At all times relevant to the claims set forth herein, Defendant confinement of 

Plaintiff was done without Plaintiff’s consent and without any other legal justification. 

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ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

159. At all times relevant to the claims set forth herein, Plaintiff lacked the capacity 

and/or reasonable means to escape while being held against her will by Defendant. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

160. As a result of Defendant’s unlawful conduct, Plaintiff was held against her will 

for hours on end, was rendered incapable of defending herself against Defendant’s other batteries 

which are laid out more fully supra, suffered mental anguish as a result of Defendant’s actions 

and sustained physical pain and suffering associated with the restraints being administered too 

tightly. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

WHEREFORE, Plaintiff is not entitled to judgment against the Defendant, Kevin 

Anderson, in any amount whatsoever. 

COUNT III 

ASSAULT AND BATTERY 

161. Plaintiff repeats and incorporates by reference paragraphs 1-149 above as 

paragraph 161 of this Count III as if fully set forth herein. 

ANSWER: Defendant incorporates by reference his answers to paragraphs 1-149 as his 

response to paragraph 161 of this complaint. 

162. At various point [sic] to, during and following their marriage as more fully laid 

out supra, Defendant knowingly engaged in conduct that placed Plaintiff in imminent fear of 

being subjected to a battery. 

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ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

163. As a result of Defendant’s conduct, Plaintiff lived and continues to live in 

constant fear and anxiety that Defendant will continue to perpetrate further batteries upon her 

person akin to the batteries described herein supra. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

164. At various points prior to, during and following their marriage as more fully laid 

out supra, Defendant intentionally made contact with Plaintiff in an insulting and/or provoking 

manner. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

165. At various points prior to, during and following their marriage as more fully laid 

out supra, Defendant intentionally made contact with Plaintiff in a manner which caused her 

bodily harm including but not limited to bruising, bleeding, swelling, and a rupture to her right 

breast implant. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

WHEREFORE, Plaintiff is not entitled to judgment against the Defendant, Kevin 

Anderson, in any amount whatsoever. 

COUNT IV 

SEXUAL ASSAULT 

 Defendant has filed a Motion to Dismiss Count IV of this Complaint, which is 

currently pending before the Court. Accordingly, per the Court’s order, Defendant is not 

answering Count IV at this time. 

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COUNT V 

NEGLIGENCE 

172. Plaintiff repeats and incorporates by reference paragraphs 1-171 above as 

paragraph 172 of this Count V as if fully set forth herein. 

ANSWER: Defendant incorporates by reference his answers to paragraphs 1-171 as his 

response to paragraph 172 of this complaint. 

173. At all times relevant, Defendant assumed a duty of reasonable care towards 

Plaintiff’s body and her breast implants which he required her to obtain. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

174. At all times relevant, Defendant was aware of the existence of implants in 

Plaintiff’s body as he was present before, during and after the surgery and paid for the breast 

augmentation himself 

ANSWER: Defendant admits that he was aware of the existence of implants in Plaintiff’s 

body. Defendant denies the remaining allegations contained in this paragraph of this 

complaint. 

175. Defendant knew that he had a duty to act reasonably in any physical contact 

towards Plaintiff, including his actions toward her breasts. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

176. Defendant acted negligently in his treatment towards Plaintiff and her breast 

implants when he repeatedly whipped her, leaving bruises that were documented by the Hudson 

Police Department. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

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177. As a proximate result of Defendant’s negligent behavior towards Plaintiff’ breast 

implants, he caused a rupture to her right breast implant, which was first discovered by Plaintiff 

in January of 2007 when her physician examined her right breast under ultrasound. The rupture 

was not openly visible and did not place Plaintiff on notice of any damage at the time of the 

abuse about which Plaintiff complains. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

 

178. Plaintiff has suffered direct and actual injury due to Defendant’s negligent 

behavior towards her body, including towards her breast implants. 

ANSWER: Defendant denies the allegations contained in this paragraph of this 

complaint. 

WHEREFORE, Plaintiff is not entitled to judgment against the Defendant, Kevin 

Anderson, in any amount whatsoever. 

AFFIRMATIVE DEFENSES 

FIRST AFFIRMATIVE DEFENSE 

 Any alleged physical and/or sexual contact between Plaintiff and Defendant was 

consensual and performed with the permission of and/or invitation from the plaintiff and the 

plaintiff assumed the risk of any alleged injuries or damages arising out of any such contact. 

Similarly, any alleged false imprisonment of the Plaintiff was consensual and performed with the 

permission of or invitation of the Plaintiff. 

 WHEREFORE, Defendant, Kevin Anderson, prays that this Court find in his favor and 

against the Plaintiff, Kimberley O’Brien, and for any additional relief deemed just and 

appropriate. 

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SECOND AFFIRMATIVE DEFENSE 

 Any alleged claims for assault and battery against the Defendant should be barred 

because the Defendant was acting in self-defense at the time of the alleged assault and battery. 

 WHEREFORE, Defendant, Kevin Anderson, prays that this Court find in his favor and 

against the Plaintiff, Kimberley O’Brien, and for any additional relief deemed just and 

appropriate. 

THIRD AFFIRMATIVE DEFENSE 

Any alleged claims for negligence should be barred or any damages reduced 

comparatively based upon Plaintiff’s contributory negligence in causing her claimed injuries or 

damages because Plaintiff voluntarily engaged in the sexual activities set forth in her Complaint 

with the knowledge that she might be subject to injuries including injuries to her breast implants. 

 WHEREFORE, Defendant, Kevin Anderson, prays that this Court find in his favor and 

against the Plaintiff, Kimberley O’Brien, and for any additional relief deemed just and 

appropriate. 

 Respectfully submitted, 

 By: /s/ Charles H. Cole 

 Attorney for Kevin Anderson 

Charles H. Cole 

Richard Juarez 

Margaret M. Fitzsimmons 

SCHUYLER, ROCHE & CRISHAM, P.C. 

130 East Randolph Street, Suite 3800 

Chicago, Illinois 60601 

(312) 565-2400 

782472 

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44 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 10th day May, 2012, a copy of the foregoing was sent via 

Pacer and Electronic Case Filing (CM/ECF) to all counsel of record. 

 

 

By: /s/ Charles H. Cole 

 

Charles H. Cole (ARDC# 0482285) 

Richard J. Juarez (ARDC # 6211253) 

Margaret M. Fitzsimmons (ARDC # 6292813) 

SCHUYLER, ROCHE, & CRISHAM, PC 

130 E. Randolph Street, Suite 3800 

Chicago, IL 60601 

(312) 565-2400 

Email: ccole@srcattorneys.com 

rjuarez@srcattorneys.com 

mfitz@srcattorneys.com 

Attorneys for Defendant Kevin Anderson 

Case: 1:12-cv-01201 Document #: 35 Filed: 05/10/12 Page 44 of 44 PageID #:977