A.B. v. YMCA Camp Tockwogh, et al.

CourtDistrict Court, D. Maryland
DecidedMarch 31, 2026
Docket1:25-cv-02475
StatusUnknown

This text of A.B. v. YMCA Camp Tockwogh, et al. (A.B. v. YMCA Camp Tockwogh, et al.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.B. v. YMCA Camp Tockwogh, et al., (D. Md. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

* A.B., * * Plaintiff, * * Civ. No. MJM-25-2475 v. * * YMCA CAMP TOCKWOGH, et al., * * Defendants. * * * * * * * * * * * *

MEMORANDUM OPINION AND ORDER This case involves an alleged incident of sexual abuse suffered by a minor child, A.B. (“Plaintiff”), while attending Camp Tockwogh in Worton, Maryland. See ECF No. 2. Defendants are (1) “YMCA Camp Tockwogh”; (2) Young Men’s Christian Association of Delaware (“YMCA-Delaware”); and (3) National Council of Young Men’s Christian Associations of the United States of America a/k/a YMCA of the USA (“ “YMCA-USA”). The matter is before the Court on YMCA-USA’s motion to dismiss for lack of jurisdiction and failure to state claim. See ECF No. 16. No hearing is necessary to resolve the pending motion. See Loc. R. 105.6 (D. Md. 2025). For the reasons stated herein, YMCA-USA’s motion shall be granted. I. PROCEDURAL HISTORY On May 25, 2025, A.B.1 filed a civil action in the Circuit Court of Maryland for Kent County, alleging negligence (Count I); negligent hiring, training, supervision and retention (Count

1 Plaintiff filed his Complaint under the pseudonym “A.B.” pursuant to Md. Code, Cts. & Jud. Proc. § 3-8A-27. II); and gross negligence (Count III) against “YMCA Camp Tockwogh,” YMCA-Delaware, and YMCA-USA. See ECF No. 2 (“Compl.”) ¶¶ 6–10. YMCA-Delaware is a Delaware corporation with its principal place of business in Delaware, and YMCA-USA is an Illinois corporation with its headquarters and principal place of business in the State of Illinois. See id. ¶¶ 5–7.

On July 28, 2025, YMCA-USA filed a notice of removal. See ECF No. 1. On August 26, 2025, YMCA-Delaware filed an answer to A.B.’s complaint. See ECF No. 15.2 On the same day, YMCA-USA filed a motion to dismiss for dismiss for lack of jurisdiction and failure to state a claim. See ECF No. 16. Plainitff opposed YMCA-USA’s on October 9, 2025, see ECF No. 21, and YMCA-USA filed a reply on November 19, 2025, see ECF No. 26. II. FACTUAL BACKGROUND3 In 2014, when Plaintiff was around 13 years old, he was a camper at Camp Tockwogh. Id.

¶ 14. YMCA Camp Tockwogh is a “local chapter” YMCA-Delaware. Id. ¶ 5. One day while at camp, Plaintiff asked a camp counselor4 to accompany him from his cabin to the bathroom, per Camp Tockwogh policy. Id. ¶ 16. There were no bathrooms in the campers’ cabins. Id. The counselor who accompanied Plaintiff “led [him] to a bathroom stall” and went inside the stall with him. Id. ¶ 17. While in the stall, the counselor removed Plaintiff’s pants and underwear. Id. He then “masturbated the Plaintiff’s penis” while he “masturbated his own penis.”

2 In its notice of removal, YMCA-USA stated that, although Plaintiff’s Complaint alleges that YMCA Camp Tockwogh is “incorporated in Maryland,” the camp is actually “run by and a branch of Defendant YMCA-Delaware” and is not a separate legal entity. See ECF No. 1 ¶ 9. In its answer, YMCA- Delaware confirmed that “YMCA Camp Tockwogh” is not a separate entity nor a properly named defendant because it is run by and is a branch of YMCA-Delaware. See ECF No. 15 at 1–2. Plaintiff does not dispute this assertion. Therefore, the Clerk shall be directed to terminate YMCA Camp Tockwogh as a defendant in this case.

3 Plaintiff alleges the following facts in his Complaint. ECF No. 2.

4 Plaintiff does not know the name of the camp counselor. Compl. ¶¶ 1, 17. Id. The counselor “threatened harm to Plaintiff” if Plaintiff disclosed what happened in the stall. Id. As a result of this incident, Plaintiff suffers ongoing physical, psychological, and emotional injuries and trauma. Id. ¶¶ 2, 3, 28–30. Plaintiff alleges that the counselor who abused him had a “propensity to engage in the

sexual abuse of children,” id. ¶ 32, and that at the time of Plaintiff’s abuse, Defendants YMCA- Delaware and YMCA-USA “were aware of a systemic and widespread problem of sexual abuse in its local chapters, camps and other facilities,” id. ¶ 36. III. STANDARD OF REVIEW “A Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction challenges the propriety of a particular court’s exercise of power over a particular defendant.” Choice Pain & Rehab. Ctr., LLC v. Optum, Inc., Civ. No. DLB-24-2144, 2025 WL 948294, at *2 (D. Md. Mar.

28, 2025). Once raised, the issue is generally resolved “as a preliminary matter.” Fidelis Cybersecurity, Inc. v. Partner One Cap., Inc., 771 F. Supp. 3d 614, 624 (D. Md. 2025) (quoting Grayson v. Anderson, 816 F.3d 262, 267 (4th Cir. 2016)). When the court decides the motion without an evidentiary hearing, the plaintiff bears the burden of establishing a prima facie case of personal jurisdiction. Hawkins v. i-TV Digitalis Tavkozlesi zrt., 935 F.3d 211, 226 (4th Cir. 2019). At this stage, the court asks whether the plaintiff’s proffered facts, assumed true, are sufficient to support jurisdiction over the defendant. Id. (citing Sneha Media & Entm’t, LLC v. Associated Broad. Co. P Ltd., 911 F.3d 192, 196–97 (4th Cir. 2018)). In making that determination, the court may consider materials beyond the pleadings,

including affidavits. See Troy Brave LLC v. Grantsville Truck & Trailer, LLC, 692 F. Supp. 3d 516, 520 (D. Md. 2023) (citing Hawkins, 935 F.3d at 226). While the court must construe all relevant allegations in the light most favorable to the plaintiff, assume their credibility, and draw reasonable inferences in favor of jurisdiction, id. at 520–21, it need not credit conclusory allegations, nor look “solely to the plaintiff’s proof[,]” MuniCap, Inc. v. Wilson, Civ. No. SAG- 24-1274, 2025 WL 3237421, at *3 (D. Md. Nov. 20, 2025). Rather, the Court “may also look at

the defendant’s proffered proof and assertions regarding the defendant’s lack of contacts with the forum state.” Collard v. Bank of Am., Civ. No. SAG-25-0041, 2025 WL 1258039, at *1 (D. Md. May 1, 2025) (citing Mylan Labs., Inc. v. Akzo, N.V., 2 F.3d 56, 62 (4th Cir. 1993)). IV. DISCUSSION A. YMCA-USA’s Motion YMCA-USA moves to dismiss under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. See ECF No. 16-1 at 10.5 It argues that Plaintiff cannot establish jurisdiction

under Maryland’s long-arm statute because YMCA-USA has not engaged in any conduct directed at Maryland or any Maryland resident in connection with this case. Id. at 12. YMCA-USA further contends that it is a “separate and distinct legal entity” from its 753 corporate member associations and their more than 2,500 branches nationwide, and that it “does not own, operate, control, or oversee the operations of member associations, including but not limited to, member associations in Maryland or that operate in Maryland, such as YMCA-Delaware.” Id. at 14. YMCA-USA argues that it “took no actions in connection with the Incident or this action,” and that “YMCA- Delaware’s contacts cannot be imputed to YMCA-USA for jurisdictional purposes.” Id. at 18.

5 YMCA-USA also argues that the Complaint is subject to dismissal under Rule 12(b)(6) for failure to state a claim. See ECF No. 16-1 at 19, 20–26. The Court need not reach this issue because, as explained herein, the Court lacks personal jurisdiction over YMCA-USA, and the claims against YMCA-USA must be dismissed for this reason alone.

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A.B. v. YMCA Camp Tockwogh, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/ab-v-ymca-camp-tockwogh-et-al-mdd-2026.