A complaint that was filed in the Circuit Court of Cook County March 1 by Michael Callo against AIDSCare founder and president James Flosi lists charges ranging from sexual assault and battery to negligence.
The document alleges that, in 1980, Flosi sexually molested Callo at the rectory of Chicago's Holy Name Cathedral, where the defendant was employed. The complaint also charges that Flosi was negligent in manipulating Callo's emotions 'by creating an environment of confusion, guilt, and shame' and by mishandling the plaintiff's trust.
The cathedral and the Archdiocese of Chicago are also named as defendants in the suit. A third count alleges negligent supervision/retention against both co-defendants, claiming that neither implemented a system or procedure that would 'prevent or minimize the risk of sexual assault of minors.' The last count claims negligent entrustment, breach of fiduciary duty, and respondeat superior against the church and the archdiocese. ( The concept of respondeat superior supposes that an employer is responsible for the actions of an employee if he or she commits a private or civil wrong on the job. )
On March 16 Windy City Times spoke with Ellen Harris, chief development officer and spokesperson for AIDSCare. She said that neither Flosi nor the organization had a response because he was never served: 'We are completely unaware of any lawsuit. Mr. Flosi has not been served. According to our attorneys, no lawsuit has been filed.' However, Windy City Times mentioned to Harris that it obtained a copy of the complaint the previous day. She again mentioned that Flosi had not been served and that the only knowledge they had of the complaint was from an article in the Chicago Tribune. She also said the initial reaction of everyone at AIDSCare was that Flosi 'would be completely exonerated of [ all ] charges' and that he would issue a statement. On March 18, Harris acknowledged that Flosi's lawyers did procure a copy of the complaint and reiterated that he would release a statement soon.
Fred Nesser, a Springfield attorney who represents Callo, declined to discuss specifics regarding the case, but said that his client is suffering. 'He's dealing with a lot, including a stress disorder,' he said.
However, it turns out that Callo is not the only one who claimed that Flosi molested him. People who were close to Joe Morin, a deceased Chicago resident who did not file a lawsuit, alleged that he suffered abuse as well. According to longtime friend Arlene Halko, Morin 'made no secret that he was upset with Flosi ... . I don't know how far it went. All I know is that he said he went to Flosi for advice [ sometime during the 1980s ] and that he made a pass at him, etc. He didn't get into specifics—and I didn't ask, believe me. You have to remember that back then Catholics didn't file [ lawsuits alleging molestation ] .'
Callo's suit was filed in the Law Division of the County Department, meaning that the plaintiff is seeking compensation in excess of $50,000 from each defendant.
