Civil Rights Lawsuit Hits 6 Oregon Watchtower Leaders

by purplesofa 24 Replies latest jw friends

  • cameo-d
    cameo-d

    Cole v. Medical and Dental Fields et al

    Plaintiff:Wilma Leah Cole
    Defendant:Medical and Dental Fields, Roy Dursife, Alexis Ly, John Smith, Hatch, Ronald Rabe, Andrew D. Peters, Arnold Peterson, David Alder, Good Samartain Hospital and State Board of Nursing
    Case Number:6:2008cv01405
    Filed:December 3, 2008
    Court:Oregon District Court
    Office:P.I.: Other Office [ Court Info ]
    County:Washington
    Presiding Judge:Judge Ann L. Aiken
    Nature of Suit:Torts - Injury - Other Personal Injury
    Cause:Federal Question
    Jurisdiction:Federal Question
    Jury Demanded By:28:1402 Medical Malpractice
    Amount Demanded:$24,000,000.00
  • cameo-d
    cameo-d
    Plaintiff:Wilma Leah Cole
    Defendant:Tuality Community Hospital
    Case Number:3:2008cv01412
    Filed:December 3, 2008
    Court:Oregon District Court
    Office:Other Statutory Actions Office
    County:Washington
    Presiding Judge:Magistrate Judge Janice M. Stewart
    Nature of Suit:Other Statutes - Other Statutory Actions
    Cause:Federal Question
    Jurisdiction:Federal Question
    Jury Demanded By:28:1331 Fed. Question: Medical Malpractice
  • cameo-d
    cameo-d
    Plaintiff:Wilma Leah Cole
    Defendant:Elder Body of Tualatin Kingdom Hall of Jehovah's Witness, Tim Myers, Richard Hobbs, George Stanley, Mark Peterson, S. Scott and J. Bear
    Case Number:3:2008cv01401
    Filed:December 3, 2008
    Court:Oregon District Court
    Office:Civil Rights: Other Office
    Presiding Judge:Magistrate Judge Paul Papak
    Nature of Suit:Civil Rights - Other Civil Rights
    Cause:Federal Question
    Jurisdiction:Federal Question
    Jury Demanded By:42:1983 Civil Rights Act
  • cameo-d
    cameo-d

    Title 42
    § 1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

  • Witness 007
    Witness 007

    Good let them stew abit next time the need to make a decision!

  • cameo-d
    cameo-d

    42 U.S.C. § 1983 (emphasis added).

    Section 1983 was enacted on April 20, 1871 as part of the Civil Rights Act of 1871, and is also known as the "Ku Klux Klan Act" because one of its primary purposes was to provide a civil remedy against the abuses that were being committed in the southern states, especially by the Ku Klux Klan. While the existing law protected all citizens in theory, its protection in practice was unavailable to some because those persons charged with the enforcement of the laws were unable or unwilling to do so. The Act was intended to provide a private remedy for such violations of federal law, and has subsequently been interpreted to create a species of tort liability.

    The number of cases that have been brought under section 1983 has dramatically increased since 1961 when the Supreme Court decided Monroe v. Pape. In Monroe, the Supreme Court held that a police officer was acting "under color of state law" even though his actions violated state law. This was the first case in which the Supreme Court allowed liability to attach where a government official acted outside the scope of the authority granted to him by state law. Since Monroe v. Pape was decided, an extensive body of law has developed to govern section 1983 claims. This article is intended to provide an overview of that extensive body of law, and will include seminal precedent from the United States Supreme Court and the Eleventh Circuit Court of Appeals--a comprehensive study of all law related to section 1983 is beyond the scope of this article.

    read more: http://www.constitution.org/brief/forsythe_42-1983.htm

  • Olin Moyles Ghost
    Olin Moyles Ghost

    Move along, nothing to see here. This lady is suing the elders seeking to be reinstated. The complaint is a rambling, handwritten screed.

    If you want a copy of the complaint, you can download it from the court's PACER service (https://ecf.ord.uscourts.gov/cgi-bin/login.pl). It costs 8 cents per page and you have to register with a credit card.

  • JeffT
    JeffT

    As my accounting professor said "the first rule of law is sue somebody with money." So she's going after the hospital and the doctors for money, and the elders because she's mad. The medical part may get some money (the insurance companies may decide to pay her even if she doesn't have a case, because its cheaper than lawyers.

    A suit to be reinstated will fail.

  • cameo-d
    cameo-d
    This lady is suing the elders seeking to be reinstated

    So does this mean she is charging them with "spiritual homicide"?

  • undercover
    undercover

    I'm assuming again...(I know, but I've been called worse)

    but,

    Could it be she's suing the doctors/hospital for malpractice because someone spilled the beans about her getting a blood transfusion? And then another lawsuit against the elders for either disfellowshipping her or announcing her as disassociated (based on the new WT rules) because she took blood?

    While I recognize that lawsuits against clergy for church law positions are rarely won, it does raise an interesting question. The Society has stated, in print, that medical procedures are up to each individual member. They've tried hard to distance themselves from being viewed as hard line on blood transfusions. Especially in other countries, like Bulgaria. This is one of the reasons they no longer DF, but consider one as DAd. Yet, here is a person who is being ostracized for accepting blood.

    By not naming the Society in the lawsuit, odds are the elders are on their own for defending against the lawsuit. Maybe she realizes that money isn't the issue with the elders but that forcing the issue that the courts will rule in favor of those who accept blood would be huge. Imagine if she won, the shockwave would reach across the country as elders realize that they could be sued for punishing anyone who took blood. Even if the Society doesn't address it, they'll do it themselves by turning a blind eye to all medical issues that arise in the congregations.

    Things one wonders when wasting time at work at the end of the day...

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