A woman who was raped at WE Fest has filed a civil suit in Becker County District Court seeking more than $300,000 in damages.
The suit was filed Dec. 10 against Festivals and Concert Events (FACE), which puts on WE Fest. The suit was also filed against Security Specialists, which apparently provided security for the 2006 festival at which the rape occurred.
The suit follows a criminal case: Eric Joseph Fanning, 45, of St. Cloud was sentenced to 10 years in prison Jan. 12 for raping the 22-year-old Stearns County woman who filed the civil suit. Her name was not disclosed in court papers. She is referred to by the initials D.D. N.
Fanning was also charged in Benton County with first-degree and third-degree criminal sexual conduct for the June 3-4 assault of a woman at the Benton Beach Campground.
And he pleaded guilty to first-degree criminal sexual conduct in 1994 in Colorado, according to the civil suit.
ADVERTISEMENT
Fanning was referred to as a "campground attendant" in an earlier news story, but the civil suit alleges that he was a security worker and wore clothing marked "security" on Aug. 3, 2006, when woman and a woman friend of hers arrived at WE Fest.
Fanning checked them in, provided them with tickets and a wristband, and asked if they were alone or staying with anyone in their trailer.
Fanning went to their campsite about 10 p.m. that same day, uninvited, and offered to provide D.D.N. with tickets to a concert taking place the following evening, which she declined.
Fanning, uninvited, sat and hung out with the two women at a picnic table near their camper until other campers begin arriving about midnight, after the evening's final concert.
Fanning began making advances towards the plaintiff's friend in the early morning hours, and D.D.N. spoke to WE Fest security and twice requested that Fanning be removed from her campsite, something security refused to do, according to the civil suit.
The plaintiff went to bed with Fanning still outside with her friend and woke up the next morning to find Fanning in her trailer. Her friend had no recollection of Fanning entering the trailer or sleeping in her bed.
On Saturday, Aug. 5, Fanning was again at the campsite making unwanted advances towards her friend. He eventually left, and about 4 p.m. that day D.D.N. went into her camper for a nap. She woke up because she had trouble breathing and found Fanning on top of her, naked, choking her with one hand and raping her.
She struggled to get free, at which point he put both hands on her neck. She was eventually able to get his hands away from her neck long enough to get the attention of her friend, who started screaming. Fanning got up , dressed and left.
ADVERTISEMENT
The plaintiff reported the attack to a female security worker, who was able to help identify Fanning. He was arrested later on the WE Fest grounds and charged with two counts of first-degree criminal sexual conduct.
Prior to his arrest, WE Fest management/security had seen Fanning drinking alcohol on the grounds and knew he was trying to socialize and party with young women campers, the civil suit alleges.
The plaintiff is suing for negligence, negligent hiring, negligent supervision, negligent retention, negligent infliction of emotional distress, and Respondeat Superior, a legal doctrine which states that an employer can be responsible for the actions of employees performed within the course of their employment.
D.D.N. is seeking damages in excess of $50,000 on each of the six counts.
WE Fest denies allegations that it is responsible for Fanning's conduct and intends to vigorously defend the case, said attorney Arlo Vande Vegte of Long Lake. "Because of the highly sensitive nature of the suit, it is not appropriate to comment further on it," he said. The defense plans to file its written response within a few days, he said.
District Judge Michael Kirk has been assigned to the case.
