IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF IOWA
CENTRAL DIVISION

ESTATE OF LEVI ANDELIN BUTLER,
by and through his Personal Representative, JOSHUA BUTLER,
Plaintiff,
v.
MAHARISHI UNIVERSITY OF MANAGEMENT and
MAHARISHI VEDIC EDUCATION DEVELOPMENT CORPORATION,
Defendants. ))))))))))))) Case No. 06-cv-00072

COMPLAINT AND JURY DEMAND
COMES NOW the Plaintiff, The Estate of Levi Andelin Butler, by and
through its attorneys, and for its Complaint at Law against
Defendants Maharishi University of Management and Maharishi Vedic
Education Development Corporation states and alleges as follows:
JURISDICTIONAL ALLEGATIONS
Maharishi University of Management is an Iowa corporation with its
principal place of business located at 1000 North 4th Street,
Fairfield, Jefferson County, Iowa. It is the successor corporation
to Maharishi International University, a California corporation.
Upon information and belief, Maharishi University of Management
regularly conducts business in the State of California, including
the active recruitment of potential students, both individually and
also through the marketing and promotional activities of Maharishi
Vedic Education Development Corporation. Maharishi University of
Management is a subordinate teaching organization of Maharishi Vedic
Education Development Corporation. The president and director of
Maharishi University of Management is Bevan H. Morris, also the
president and director of Maharishi Vedic Education Development
Corporation. The original president of the University, Dr. Robert
Wallace, is also a director of both Maharishi University of
Management and Maharishi Vedic Education Development Corporation.
Maharishi Vedic Education Development Corporation is a Massachusetts
corporation, regularly doing business in both California and Iowa,
with its principal place of business located at 1000 North 4th
Street, Fairfield, Jefferson County, Iowa. Maharishi Vedic
Education Development Corporation provides services and training to
Maharishi University of Management, including but not limited to
administrative, educational, operational, marketing and promotional
services. Maharishi Vedic Education Development Corporation holds
the registered or common law trademark rights to Maharishi
University of Management.
Levi Andelin Butler, now deceased, was at the time of his death a
citizen of California who resided in Jefferson County, Iowa, while
he attended Maharishi University of Management.
The Estate of Levi Andelin Butler is being probated in Riverside
County, California, through its personal representative, Joshua
Butler, who is a citizen of California.
The Court has jurisdiction of this action pursuant to 28 U.S.C.
section 1332 because this action is between citizens of different
states and the amount in controversy exceeds the sum of $75,000.00,
exclusive of interest and costs.
Venue of this wrongful death action is properly laid in this
judicial district pursuant to 28 U.S.C. section 1391(a) in that this
is a civil action wherein jurisdiction is founded on diversity of
citizenship and either or both a substantial part of the events or
omissions giving rise to the claim occurred here, or Defendants are
subject to personal jurisdiction here.
FACTUAL BACKGROUND
A. The Maharishi Organizations
The guiding philosophy and core curriculum of Maharishi University
of Management are based on the teachings of its founder, Maharishi
Mahesh Yogi, and the principles of the cult-like movement known as
Transcendental Meditation, also founded by "the Maharishi." The
University's letterhead bears a likeness of the Maharishi and refers
to him as "His Holiness."
A primary mission of Maharishi Vedic Education Development
Corporation is to promote the teaching of Transcendental Meditation
at all levels of the American education system, even to school-age
children.
Students at Maharishi University of Management are systematically
indoctrinated into the Transcendental Meditation movement through a
mandatory regimen of twice-daily meditation, coupled with intensive
study of the teachings of the Maharishi.
Among other things, students at Maharishi University of Management
are taught:
(a) That conventional education is the root of such problems
as "crime, violence, even pollution";
(b) That education based on Transcendental Meditation can
create "a new world of angelic individuals" and leads to "the
ability to know everything and do everything spontaneously right";
(c) That through the practice of Transcendental Meditation they
can learn to defy the laws of gravity by physically levitating, a
phenomenon referred to as "Yogic flying";
(d) That when Yogic flyers meditate together, according to the
Maharishi "every hop becomes a smile" and crime and violence are
eliminated (the so-called "Maharishi Effect");
(e) That in cities in which one percent of the population has
been instructed in Transcendental Meditation, crime rates have
decreased dramatically;
(f) That group meditation has been shown to lower auto accident
rates, reduce fires, raise stock prices, and affect the paths of
hurricanes;
(g) That if the square root of one percent of the world
population (i.e., about 8,000 people) engages in yogic flying, there
will be peace throughout the world;
(h) That "the latest scientific discoveries in the fields of
quantum mechanics and quantum field theory" demonstrate that nations
can become invincible through the group practice of Transcendental
Meditation;
(i) That democracy is a "cruel" form of government.
The University's website boasts that it has received "more than $32
million in federal and other grants." Defendants are exempt from
paying federal taxes.
B. Levi Butler
Until the events set forth herein tragically ended his promising
life, Levi Andelin Butler was an extraordinarily gifted and well-
loved young man who inspired and brightened the lives of all who
knew him.
Levi was born on March 14, 1985, the youngest son of Khaldun and
Evelyn Butler.
He was nurtured by his loving parents and older brothers at the
family's home in Riverside County, California. They helped instill
in Levi the best of qualities – a love of God and family, strength
of character, humility, an affectionate and compassionate spirit, an
energetic mind, and a burning desire to improve himself so that he
could help others.
While in high school in Riverside County, California, Levi's
charismatic speaking ability and strong interest in peaceful
conflict resolution led to his being asked to help train gifted
students in Conflict Mediation. These attributes also led to a
request, which he accepted, to become the only student employee of
the school district's Student Assistance Program.
C. Defendants' Recruitment of Levi and His Family
In July, 2003, Levi's brother, Joshua, suggested that Levi should
consider attending college at Maharishi University of Management
because of its strong emphasis on spreading peace, resolving
conflict, and living sustainably.
From his home in California, Levi then explored Defendants' website,
where he read of the Maharishi's belief that the practice of
Transcendental Meditation promotes peace and nonviolence.
Defendants promptly initiated an aggressive program, directed at
both Levi and his parents, to recruit Levi to attend the school.
This effort included telephone, electronic, and mail communications
from Fairfield, Iowa, to the Butler family in California.
Defendants encouraged Levi to enroll for the fall semester and
assured him the admissions process could be expedited and completed
before classes would begin.
The promotional claims made by Defendants and relied on by Levi
Butler and his parents in deciding that Levi should attend college
at Maharishi University of Management included the following:
(j) that Maharishi University of Management "is a safe and
nourishing haven for your children";
(k) that the campus provides a "safe, peaceful environment"
because "every student, faculty member, and administrator practices
the Transcendental Meditation technique, which eliminates stress
that is the basis of crime and other social problems";
(l) that "these techniques are proven, effective procedures for
eliminating crime";
(m) that "crime prevention is one of the seven founding goals of
the University";
(n) that the community of Fairfield is "a safe haven of peace,
friendship, and zero crime";
(o) that "the campus itself is safe and violence-free";
(p) that dormitories have live-in administrators and resident
advisors whose primary responsibility is to look out for the welfare
of student residents;
(q) that "A 24-hour, 7-day, staffed phone number and on-campus
security service is available to request help and report emergencies
and criminal actions";
(r) that University Security personnel "work closely with state
and local police agencies … who are called on campus to physically
detain and arrest individuals if necessary";
(s) that "Ideal administrators are further informed of relevant
security procedures";
(t) that pursuant to University policy "Reports of any
emergencies and criminal activities on campus should be made
promptly to Campus Security and its Director James Bedinger,"
and "Any criminal activities should also be reported directly to the
Fairfield Police";
(u) that "Campus Safety promptly reports all criminal actions to
the appropriate state, local, or federal authorities for assistance
and/or prosecution";
(v) that "Notice of disruptive behavior, when such notice may be
a preventive aid, is provided personally to affected students
through their dormitory resident advisor or faculty tutor";
(w) that "prompt and accurate reporting of disruptive behavior
to Campus Security is appreciated so that preventive steps can be
promptly taken and proper notice provided to … students";
(x) that "Serious crimes are required to be reported by
Maharishi University of Management to the University community";
(y) that "Such crimes … should also be immediately reported by
students and ideal administrators to the local law enforcement
authorities and … the Campus Safety Office";
(z) that "Failure to provide notice of crimes may be grounds for
disciplinary action"; and
(aa) that there had been only one instance of assault on or near
the campus in the previous four years and no other crimes against
persons during this period.
Based upon these and similar representations, the Butler family
justifiably relied on Defendants to provide a safe place for Levi to
attend school.
Levi Butler was accepted for admission to Maharishi University of
Management on or about August 7, 2003.
In September, 2003, at age 18, Levi moved from home for the first
time and began taking classes at Maharishi University of Management.
Levi quickly developed a reputation as one of the brightest and most
likely to succeed of the students at Maharishi University of
Management.
D. Shuvender Sem
In January, 2004, another new student, Shuvender Sem, arrived at the
Maharishi University of Management campus.
Shuvender Sem was a 24-year old man with a long history of violent
assault and mental illness, including chronic paranoid
schizophrenia, for which he had been prescribed anti-psychotic
medications.
Shuvender Sem came to Maharishi University of Management because he
had been led to believe the Transcendental Meditation techniques
taught at the school, combined with Transcendental Meditation-
related "Vedic Medicine," could free him from dependency on anti-
psychotic medications.
Defendants' website proclaims that as a result of "improvements in
psychophysiological functioning" brought on by the practice of
Transcendental Meditation, "dependence on any external substances
naturally disappears."
Defendants are aware of other instances in which Maharishi
University of Management students have experienced mental health
problems after attempting to replace psychiatric medications with
Transcendental Meditation and Vedic Medicine.
Studies have shown that the practice of Transcendental Meditation
can be dangerous for individuals with mental illness. In
particular, Transcendental Meditation can magnify psychological
problems, including the likelihood and severity of aggressive and
violent behavior.
Before individuals new to Transcendental Meditation are allowed to
receive training, they are asked whether they have any mental
illness.
Because all Maharishi University of Management students are required
to practice and take courses in Transcendental Meditation,
Defendants were obligated to screen Shuvender Sem for any past
history of violent behavior or other psychological problems, to
conduct further investigation if violent behavior or psychological
problems were identified, to evaluate whether Sem was an appropriate
candidate for admission to the University, and to take precautions
for the safety of other students if Sem were allowed to enroll.
Defendants failed to identify Shuvender Sem's past history of
violence and mental illness before March 1, 2004.
After Shuvender Sem arrived on campus, Defendants administered
screening tests but ignored unmistakable "red flags" that Sem was
mentally ill. For example, on the "Loevinger Sentence Completion
Form" administered on January 21, 2004, Sem was given incomplete
sentences and instructed to "Please consider each one carefully and
complete it in a meaningful way." His answers included the
following:
(7) If my mother – "were a guy I would not have been born."
(9) Education is – "the root of all evil."
(11) Women are lucky because – "they have breasts."
(16) I feel sorry – "to be in college."
(18) Rules are – "for suckers."
(20) Men are lucky because – "they are physically more prone to
heart attacks than women."
While at Maharishi University of Management, Shuvender Sem did not
take anti-psychotic medications that had been prescribed to control
his chronic schizophrenia.
During the approximately six weeks Shuvender Sem was on the
Maharishi University of Management campus, his appearance and
behavior became increasingly bizarre and his attitude toward other
students became more aggressive, threatening, and belligerent. As
one example, Sem threatened to kill a fellow student by bashing the
student's head into a sink and then stomping on him while he was on
the ground.
The change in Shuvender Sem's appearance, behavior, and attitude was
observed by his fellow students and either was, or should have been,
observed by Defendants.
E. The Attacks on March 1, 2004
On Monday, March 1, 2004, Shuvender Sem attended an afternoon class
at Maharishi University of Management at which several University
staff persons were present. These persons included Samuel Boothby,
Chris Jones, and Susan Dillbeck. Susan Dillbeck is a member of the
University's Board of Trustees. About a dozen other students were
also in attendance.
The class had just finished meditating and was watching a video of
Maharishi Mahesh Yogi, when Shuvender Sem became agitated, stood up,
and began making strange gestures. Eventually, he left the room for
a few minutes. When he returned, he stood behind a student named
John Killian.
Suddenly and without provocation, Sem began screaming obscenities
and stabbed John Killian in the face and throat with a pen.
The classroom attack on John Killian occurred at approximately 2:30
p.m.
Fortunately, John Killian was able to deflect the pen slightly with
his hand, possibly saving his own life. The pen punctured his hand,
chin, and throat, and left a red ink scratch across his throat.
A fellow student named Akbar Nazary grabbed Shuvender Sem and
stopped the attack.
John Killian was taken to a restroom by Maharishi University of
Management staff, advised that he probably did not need stitches,
given a bandage, and encouraged to return to class. His repeated
requests to be taken to someone qualified to determine whether he
needed stitches were turned down.
John Killian was then asked by University staff to meet with
Shuvender Sem so that Sem could apologize. Staff members, who
included Chris Jones and Samuel Boothby, represented that the reason
Sem had attacked Killian was that Sem had been meditating improperly.
Shuvender Sem's "apology," which was prompted by Samuel Boothby, was
delivered with a flat expression in a monotone voice, and with no
indication of genuine remorse.
Samuel Boothby then asked John Killian if he was ready to return to
class. Killian could not believe Boothby was serious.
John Killian returned to the classroom where he had been attacked to
retrieve his books. When he re-entered the room, some of the
students were still in shock and some were crying. Rather than
attending to the needs of the students, Susan Dillbeck and other
Maharishi University of Management staff continued to run the
videotape and attempted to act as though nothing had happened.
Susan Dillbeck insisted that the students focus their attention on
the lecture.
Ultimately, John Killian drove himself to a hospital, where he
received multiple stitches. When he described how he had been
injured and reported the excuse given by Maharishi University of
Management staff that Shuvender Sem had simply been meditating
improperly, the treating doctor responded, "In the real world, we
call that assault and battery, and people go to jail for it."
Immediately after the attack, student witnesses advised University
Staff that Shuvender Sem had acted in a bizarre and aggressive
manner on previous occasions and had demonstrated clear signs of
schizophrenia, including a claim that he was being followed by a
black cat.
Meanwhile, Maharishi University of Management officials, including
Executive Vice President Craig Pearson and Dean of Men Joel Wysong,
were informed of Shuvender Sem's attack on John Killian.
Dr. Robert Boyer, a clinical psychologist and member of the
University faculty, was contacted. He advised that Shuvender Sem
was dangerous, should be kept off campus, and needed to be evaluated
by a psychiatrist immediately.
University officials decided not to arrange a psychiatric evaluation
of Shuvender Sem.
Defendants knew or should have known that Shuvender Sem was a menace
to the safety of others and that it was foreseeable he might attack
someone else without warning or provocation.
In direct violation of the University's Campus Safety Bulletin,
University officials decided not to inform other students or staff
of what had happened, or to notify Campus Security or local law
enforcement of the attack. Instead, Defendants decided to handle
the matter internally.
University officials tried unsuccessfully to find a student living
off-campus who would be willing to share lodgings with Shuvender Sem
for a probationary period. Failing at this, they decided to take
Sem into custody, remove him from campus, and return him to his home
in Philadelphia.
Shuvender Sem was placed in the custody of Joel Wysong, the Dean of
Men.
Joel Wysong took Shuvender Sem to Mr. Wysong's apartment on campus.
At his residence, Joel Wysong observed Shuvender Sem standing in the
kitchen, turning in circles, waving his arms, clapping his hands,
and muttering to himself as he looked toward the ceiling.
Joel Wysong feared for his personal safety while Shuvender Sem was
at his residence.
Joel Wysong left Shuvender Sem in the kitchen while Wysong retreated
to another room to meditate. He could hear Sem rummaging in drawers
in the kitchen.
When Joel Wysong finished meditating, he discovered Shuvender Sem
was missing. Wysong did not speak to Campus Security or notify
local law enforcement. Instead, he decided to try to find Sem
himself.
Joel Wysong checked several locations before finding Shuvender Sem
at the student dining hall on campus. Rather than remove Sem from
the dining hall or request assistance from Campus Security or local
law enforcement, Wysong decided to allow Sem to mingle with other
students. Wysong did nothing to protect the students from Sem.
Instead he sat some distance away from Sem. He did not keep Sem
under observation.
F. Levi Butler's Murder
Shuvender Sem moved from a table near where several students were
seated to a seat next to Levi Butler.
Akbar Nazary, who had subdued Shuvender Sem during the first attack,
was alarmed to see Sem in the student dining hall and moved closer
so that he could help again in the event of a second attack.
Shuvender Sem asked Levi Butler where he was from. As Levi was
responding, Sem suddenly jumped to his feet, screaming obscenities.
Sem then pulled from his coat a knife he had taken from Joel
Wysong's kitchen. Sem began plunging the knife into Levi's chest.
It was approximately 7:02 p.m.
The force of the attack was so violent the knife blade broke off in
Levi's chest. Levi was stabbed multiple times in the heart, lung,
and liver.
Shuvender Sem was again subdued by Akbar Nazary, for the second time
in less than five hours.
As students rushed to Levi's aid and began calling 911, Joel Wysong
walked slowly to Shuvender Sem and instructed Akbar Nazary to let
him go. Wysong moved Sem to the side and spoke with him.
The ambulance service did not know the location of the dining hall
on the University's campus. Valuable time was lost asking for
directions on campus. Once the dining hall was found, more time was
lost trying to maneuver a stretcher and medical equipment through a
crowd that had gathered. Even more time was lost trying to move
students away from Levi. No one from Maharishi University of
Management had taken control of the situation.
When the paramedics reached Levi's side, he was gasping in what is
known as agonal respiration. His pulse was 56 and his skin was
pale. He was nonresponsive. The paramedics cut away Levi's shirt
and removed a 3-inch knife blade from his chest. (The tip of the
blade remained and was recovered during autopsy.) Pressure pads
were applied to stop the bleeding. He was placed on a ventilator.
CPR was administered. A defibrillator was used to shock Levi's
heart in an attempt to restore its normal rhythm. At 7:29 p.m., he
was placed in the ambulance. At that time, he was breathing, but
his pulse was weak. Levi was still alive when he reached the
emergency room.
Levi Butler died on the evening of March 1, 2004 at the Jefferson
County Hospital. The cause of death was "stab wounds to the chest."
Had Defendants followed their own stated policy of reporting all
serious crime to local authorities, Shuvender Sem would have been
arrested after the attack on John Killian, and Levi Butler would be
alive today.
According to a former long-time faculty member of Maharishi
University of Management, "There was a definite understanding
between staff members that you must not allow any bad news to leak
out. You were required to keep up this image of a perfect campus at
all costs."
The failure to report the attack occurred while Defendants were
participating in a multi-billion dollar fund-raising campaign
intended to bring thousands of meditators to a peace center in
Fairfield, Iowa, and to build additional peace centers around the
world. The campaign is based on the premise that collective
meditation at the peace centers will spread peace and stop violence.
The attack on John Killian and the subsequent murder of Levi Butler
are inconsistent with the so-called "Maharishi Effect."
After the attacks of March 1, Defendants' Legal Counsel, William
Goldstein, released a statement that among other things:
(bb) Asked members of the press to refrain from interviewing
students;
(cc) Incorrectly represented that federal law prohibited the
University from inquiring about Shuvender Sem's history of violence
and mental illness before March 1, 2004;
(dd) Described the cuts on John Killian's face and throat as
a "one-half inch abrasion on the cheek" that "bled very little" and
was initially thought to have been caused by a fingernail;
(ee) Claimed John Killian "indicated he was fine" and wanted no
medical assistance other than a band-aid;
(ff) Attempted to explain why the police were not called after
the first attack by claiming "the University had no knowledge of a
history of any psychiatric problems or violence in Shuvender, or any
indication of the likelihood of a repeat act;"
(gg) Asserted "It is the University's policy that the police are
called if it is deemed necessary to restore the peace or deal with
serious injuries or avoid apparently future dangerous or criminal
activities";
(hh) Asserted "It is not the University's general policy to press
criminal charges against one of its own students. If the victim of
an act feels criminal charges are justified, the victim is never
discouraged and is free to do so."
(ii) Promised to "sponsor a Vedic Pandit in Maharishi Vedic City
in Levi's name in perpetuity, so that there will always be one
Pandit creating peace in the world in his memory."
Defendants' Executive Vice President, Craig Pearson, issued a press
release stating that Maharishi Yogi's only comment on the events of
March 1, 2004 was that the attacks were an aspect "of the violence
that [the United States] is perpetrating in other countries."
In an effort to wash away all reminders of Levi's violent,
senseless, and completely avoidable death, the student dining hall
where he was murdered has been razed.
COUNT I
GROSS NEGLIGENCE
Plaintiff incorporates paragraphs 1-79 of this Complaint by
reference as if fully set forth herein.
Defendants both owed and voluntarily undertook the duty to exercise
due care for the protection and safety of the students at Maharishi
University of Management, including Levi Butler, and to follow their
own policies and procedures in providing such protection and safety.
Defendants were grossly negligent, and acted with reckless disregard
for the safety of others, by failing to exercise such care, and by
failing to follow their own policies and procedures, in one or more
of the following ways:
(jj) In suggesting that Transcendental Meditation and Vedic
Medicine can free individuals with mental illness from dependence on
psycho-therapeutic drugs.
(kk) In acting based on the belief that the phenomenon
of "spontaneous right action" would protect the students of
Maharishi University of Management from violence;
(ll) In failing to properly screen Shuvender Sem before allowing
him to become a student at Maharishi University of Management;
(mm) In failing to properly screen Shuvender Sem before
instructing him in Transcendental Meditation techniques;
(nn) In failing to recognize or in disregarding clear signs that
Shuvender Sem was mentally ill and dangerous before the attack on
John Killian;
(oo) In failing to carry out promises to provide live-in
administrators and resident advisors whose primary responsibility
would be to protect the interests of student residents;
(pp) In failing to adequately train and supervise live-in
administrators and resident advisors;
(qq) In failing to properly report the attack on John Killian to
Campus Security;
(rr) In failing to properly report the attack on John Killian to
local law enforcement;
(ss) In failing to notify students and faculty of the attack on
John Killian;
(tt) In failing to recognize the extreme danger presented by
Shuvender Sem after the attack on John Killian;
(uu) In failing to warn students that Shuvender Sem should be
considered extremely dangerous after the attack on John Killian;
(vv) In failing to turn Shuvender Sem over to appropriate
authorities after the attack on John Killian;
(ww) In failing to properly protect other students from Shuvender
Sem after assuming his custody;
(xx) In failing to properly supervise Shuvender Sem after
assuming his custody;
(yy) In allowing Shuvender Sem to have access to a murder weapon;
(zz) In allowing Shuvender Sem to return to campus after the
attack on John Killian;
(aaa) In allowing Shuvender Sem to mingle freely with other
students after Sem was discovered in the student dining hall;
(bbb) In failing to take reasonable steps to protect and preserve
the life of Levi Butler after he was stabbed;
The gross negligence of Defendants was a proximate cause of the
injuries and subsequent death of Levi Butler.
COUNT II
PREMISES LIABILITY
Plaintiff incorporates paragraphs 1-83 of this Complaint by
reference as if fully set forth herein.
At the time of his death, Levi Butler was a student of Maharishi
University of Management and a patron of the University's dining
hall.
Defendants owed a duty to maintain the dining hall in a manner safe
for use by students, to warn student invitees of any dangerous
conditions on the premises, and to follow their own policies and
procedures with respect to providing students with a safe campus
environment.
Defendants knew or should have known that the presence of Shuvender
Sem in the dining hall posed an unacceptable risk to the safety of
others.
After the attack on John Killian, it was reasonably foreseeable to
Defendants that Shuvender Sem might attack someone else.
Defendants negligently breached their duties to Levi Butler in one
or more of the following particulars:
(ccc) In allowing Shuvender Sem to enter the dining hall after the
attack on John Killian;
(ddd) In failing to contact Campus Security or local law
enforcement authorities when Shuvender Sem was discovered in the
dining hall;
(eee) In allowing Shuvender Sem to mingle freely with other
students after Sem was discovered in the student dining hall;
(fff) In failing to warn students that Shuvender Sem should be
considered extremely dangerous;
(ggg) In failing to take reasonable steps to protect and preserve
the life of Levi Butler after he was stabbed;
(hhh) In failing to act as a reasonable owner and operator of a
university under the circumstances then and there existing.
The negligence of Defendants was a proximate cause of the injuries
and subsequent death of Levi Butler.
COUNT III
FRAUDULENT MISREPRESENTATION
Plaintiff incorporates paragraphs 1-90 of this Complaint by
reference as if fully set forth herein.
Defendants acted intentionally, willfully, wantonly, and maliciously
in making the following representations to Levi Butler:
(iii) that the Maharishi University of Management campus provides
a "safe, peaceful environment" because "every student, faculty
member, and administrator practices the Transcendental Meditation
technique, which eliminates stress that is the basis of crime and
other social problems;
(jjj) that "these techniques are proven, effective procedures for
eliminating crime";
(kkk) that the community of Fairfield is "a safe haven of peace,
friendship, and zero crime";
(lll) that "the campus itself is safe and violence-free";
(mmm) that University Security personnel "work closely with state
and local police agencies … who are called on campus to physically
detain and arrest individuals if necessary";
(nnn) that "Ideal administrators are further informed of relevant
security procedures";
(ooo) that "Campus Safety promptly reports all criminal actions to
the appropriate state, local, or federal authorities for assistance
and/or prosecution";
(ppp) that "Notice of disruptive behavior, when such notice may be
a preventive aid, is provided personally to affected students
through their dormitory resident advisor or faculty tutor";
(qqq) that "Serious crimes are required to be reported by
Maharishi University of Management to the University community";
(rrr) that there had been only one instance of assault on or near
the campus in the previous four years and no other crimes against
persons during this period;
(sss) In failing to disclose that a disproportionate number of
Maharishi University of Management students suffer from some form of
mental illness;
(ttt) In failing to disclose that Defendants relied on the
phenomenon known as "spontaneous right action" to provide for the
safety of students;
(uuu) In failing to disclose that Maharishi University of
Management faculty and administration are under tremendous pressure
to do everything they can to prevent the spread of any news of
campus crime, even at risk of jeopardizing the safety of students.
Defendants knew these representations were false at the time the
representations were made.
Defendants intended to deceive Levi Butler when the false
representations were made.
The false representations were justifiably relied on by Levi Butler
in deciding to leave his home in California to attend Maharishi
University of Management and were material to his decision to do so.
Defendants' fraudulent misrepresentations proximately caused the
loss of Levi Butler's life.
COUNT IV
NEGLIGENCE
Plaintiff incorporates paragraphs 1-96 of this Complaint by
reference as if fully set forth herein.
Defendants both owed and voluntarily undertook the duty to exercise
due care for the protection and safety of the students at Maharishi
University of Management, including Levi Butler, and to follow their
own policies and procedures in providing such protection and safety.
Defendants acted negligently and without due care, and failed to
follow their own policies and procedures, in one or more of the
following ways:
(vvv) In suggesting that Transcendental Meditation and Vedic
Medicine can free individuals with mental illness from dependence on
psycho-therapeutic drugs.
(www) In acting based on the belief that the phenomenon
of "spontaneous right action" would protect the students of
Maharishi University of Management from violence;
(xxx) In failing to properly screen Shuvender Sem before allowing
him to become a student at Maharishi University of Management;
(yyy) In failing to properly screen Shuvender Sem before
instructing him in Transcendental Meditation techniques;
(zzz) In failing to recognize or in disregarding clear signs that
Shuvender Sem was mentally ill and dangerous before the attack on
John Killian;
(aaaa) In failing to carry out promises to provide live-in
administrators and resident advisors whose primary responsibility
would be to protect the interests of student residents;
(bbbb) In failing to adequately train and supervise live-in
administrators and resident advisors;
(cccc) In failing to properly report the attack on John Killian to
Campus Security;
(dddd) In failing to properly report the attack on John Killian to
local law enforcement;
(eeee) In failing to notify students and faculty of the attack on
John Killian;
(ffff) In failing to recognize the extreme danger presented by
Shuvender Sem after the attack on John Killian;
(gggg) In failing to warn students that Shuvender Sem should be
considered extremely dangerous after the attack on John Killian;
(hhhh) In failing to turn Shuvender Sem over to appropriate
authorities after the attack on John Killian;
(iiii) In failing to properly protect other students from Shuvender
Sem after assuming his custody;
(jjjj) In failing to properly supervise Shuvender Sem after
assuming his custody;
(kkkk) In allowing Shuvender Sem to have access to a murder weapon;
(llll) In allowing Shuvender Sem to return to campus after the
attack on John Killian;
(mmmm) In allowing Shuvender Sem to mingle freely with other
students after Sem was discovered in the student dining hall;
(nnnn) In failing to take reasonable steps to protect and preserve
the life of Levi Butler after he was stabbed;
The negligence of Defendants was a proximate cause of the injuries
and subsequent death of Levi Butler.
COUNT V
NEGLIGENT MISREPRESENTATION
Plaintiff incorporates paragraphs 1-100 of this Complaint by
reference as if fully set forth herein.
Defendants consistently represented to Levi Butler that because of
the influence of Transcendental Meditation, there was no serious
crime on the campus of Maharishi University of Management and the
campus was a safe, violence-free haven in an otherwise troubled
world. Defendants further represented that the University had
devised and implemented campus security policies and procedures that
were strictly followed to ensure the safety of students.
These representations were justifiably relied on by Levi Butler in
deciding to leave his home in California to attend Maharishi
University of Management and were material to his decision to do so.
Defendants' representations were false.
Defendants knew or should have known the representations were false
at the time the representations were made.
In making the representations, Defendants were negligent in one or
more of the following ways:
(oooo) In representing that the Maharishi University of Management
campus provides a "safe, peaceful environment" because "every
student, faculty member, and administrator practices the
Transcendental Meditation technique, which eliminates stress that is
the basis of crime and other social problems";
(pppp) In representing that "these techniques are proven, effective
procedures for eliminating crime";
(qqqq) In representing that the community of Fairfield is "a safe
haven of peace, friendship, and zero crime";
(rrrr) In representing that "the campus itself is safe and violence-
free";
(ssss) In representing that dormitories have live-in administrators
and resident advisors whose primary responsibility is to look out
for the welfare of student residents;
(tttt) In representing that University Security personnel "work
closely with state and local police agencies … who are called on
campus to physically detain and arrest individuals if necessary";
(uuuu) In representing that "Ideal administrators are further
informed of relevant security procedures";
(vvvv) In representing that "Campus Safety promptly reports all
criminal actions to the appropriate state, local, or federal
authorities for assistance and/or prosecution";
(wwww) In representing that "Notice of disruptive behavior, when
such notice may be a preventive aid, is provided personally to
affected students through their dormitory resident advisor or
faculty tutor";
(xxxx) In representing that "Serious crimes are required to be
reported by Maharishi University of Management to the University
community";
(yyyy) In representing that there had been only one instance of
assault on or near the campus in the previous four years and no
other crimes against persons during this period;
(zzzz) In failing to disclose that a disproportionate number of
Maharishi University of Management students suffer from some form of
mental illness;
(aaaaa) In failing to disclose that Defendants relied on the
phenomenon known as "spontaneous right action" to provide for the
safety of students;
(bbbbb) In failing to disclose that Maharishi University of
Management faculty and administration are under tremendous pressure
to do everything they can to prevent the spread of any news of
campus crime, even at risk of jeopardizing the safety of students.
Defendants' negligent misrepresentations proximately caused the loss
of Levi Butler's life.
DAMAGES CLAIMED
As a result of the wrongful conduct of Defendants as set forth
above, Plaintiff is entitled to recover the following damages:
(ccccc) Compensatory damages equal to the present worth or value of
the estate Levi Butler would reasonably be expected to have saved
and accumulated as a result of his efforts between the time of his
premature death and the end of his natural life, had he lived;
(ddddd) Compensatory damages for the physical and mental pain and
suffering endured by Levi Butler from the time of the attack by
Shuvender Sem until his death; and
(eeeee) Punitive damages in an amount sufficient to punish
Defendants' wrongdoing, to discourage others from similar conduct,
to serve as a means to express the community's sense of outrage, and
to ensure that Defendants will never again deliberately expose
innocent students to grave danger in simply to avoid adverse
publicity.
WHEREFORE Plaintiff, The Estate of Levi Andelin Butler, demands
judgment against Defendants Maharishi University of Management and
Maharishi Vedic Education Development Corporation for compensatory
and punitive damages, and for such other and further relief as this
Court deems just and proper.
JURY DEMAND
Plaintiff hereby demands a trial by jury pursuant to Federal Rule of
Civil Procedure 38 as to all issues triable by a jury.
BELIN LAMSON McCORMICK ZUMBACH FLYNN, A Professional Corporation
By:_____________________________________
Stephen R. Eckley PK0008267
Nathanael J. Blake PK0019755
The Financial Center
666 Walnut Street Suite 2000
Des Moines, IA 50309-3989
Telephone: (515) 283-4637
Facsimile: (515) 558-0637
sreckley@...
njblake@...

SULLIVAN & WARD, P.C.
By:            /s/ Lawrence F. Scalise                            
Lawrence F. Scalise PK0004884
Lawrence P. McLellan PK0008013
6601 Westown Parkway, Suite 200
West Des Moines, IA 50266-7731
Telephone: (515) 244-3500
Facsimile: (515) 244-3599
scal2910@...
lmclellan@...
d:\b1092\iowa complaint.doc