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A Naples hotel won’t be able to avoid a sex trafficking lawsuit now that a Florida federal judge has denied the hotel’s motion to dismiss.
The sex trafficking lawsuit was filed by a woman who claims that she was a victim of sex trafficking on the hotel’s property.
The plaintiff, identified in the case anonymously as “S.Y.,” first filed her complaint on Aug. 19. She alleges that between 2015 and 2016, she was a victim of sex trafficking at the hotel, and that the hotel violated the federal Trafficking Victims Protection Reauthorization Act and the Florida Racketeer Influenced and Corrupt Organization Statute. She also filed claims of premise liability, negligent hiring and supervision, negligent rescue, and aiding and abetting a criminal enterprise.
The hotel and its staff ignored blatant signs of sex trafficking, S.Y. claimed in her lawsuit. These signs allegedly included significant foot traffic in and out of rooms, men traveling with several unrelated women, declining housekeeping services for several consecutive days, guests preventing another person for speaking for themselves, and individuals carrying large amounts of cash, among others.
The hotel’s owner-operators, Inn of Naples Hotel LLC and Inn of Naples LLC, filed a motion to dismiss the plaintiff’s claims, arguing that the sex trafficking lawsuit was an “indecipherable” mix of shotgun pleadings and that “there is simply no plausible claim” in the allegations.
However, U.S. District Judge John E. Steele found that the plaintiff had plausibly alleged criminal offenses that implicate both the hotel and its staff.
“While the defendants may disagree that such allegations are accurate, that dispute is for another day,” Judge Steele wrote in an order on April 12, 2021. “The group allegations do not fail to state a claim, and the complaint does not constitute a shotgun pleading.” The order denied the defendants’ motion to dismiss.
This is not the first trafficking incident to happen in Florida – in June 2020, a trafficking ring was broken up in Tampa.
Anybody can be a victim of human trafficking, but particularly the young and vulnerable.
If you or someone you love have survived sex trafficking, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit cannot take away the pain and suffering caused by human trafficking, but it can at least provide financial compensation, as well as hold those party to the trafficking responsible for their actions and inactions. Hotel brands, truck stops, and internet platforms like sites for classified ads or pornography are among those that may be held accountable through legal action.
If you were a victim of sex trafficking and forced to work at a truck stop, hotel or motel, night club or other hotel venue, you may be eligible to move forward with a civil investigation against these businesses. This investigation involves a civil case, and is not a criminal case against you or your loved ones.
Top Class Actions is working with experienced human trafficking attorneys who will be informed and sensitive to your situation. Join the fight by filling out the short form on this page.
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