I've Got An Idea: Sue An Elder!

by minimus 25 Replies latest jw friends

  • blondie
    blondie

    It is hard to sue on the basis of slandering and defamation of character. I researched this once with the lawyers I know and they just laughed saying it would be hard to get a lawyer to take this because it is unlikely you could prove and collect any damages from that person(s).

    Now if you can find a jw who did this successfully (and except for Moyle's case I doubt you will), it might be easier to litigate.

    Defamation of character involves written or spoken harm to a person or organization's reputation. Defamation of character includes libel and slander. Libel is written defamation of character. Slander is spoken defamation of character.

    Defamation of character is the general term used to describe both libel and slander under one umbrella. The best defense from being convicted of defamation of character is "truth" according to the courts.

    The concept of truth is mutually exclusive to defaming one's character since "truth" and "character" go hand-in-hand. The second component of defamation of character, according to most courts and jurisdictions, is the idea of "malice" on the part of the alleged defamer.

    If the alleged defamer spoke or wrote fallacy instead of fact, fiction and falsehood instead of commonly accepted evidence, then this in and of itself is not defaming without malice. Malice aforethought is a legal term usually used to convict someone of first-degree murder. It means someone had cognizant intent before committing a crime. With defamation of character, this kind of malice must be proven as well.

    Insults and epithets are also not considered to be defamation of character. Instead these are considered to be angry outbursts of emotion with no real content other than to show extreme dislike. Opinion is also not considered to be defamatory as long is it is clear that it is one's opinion which is being asserted and cannot be mistaken for an assertion of fact.

    http://video.google.com/videosearch?source=ig&hl=en&rlz=1G1GGLQ_ENUS352&q=sue+defamation+of+character&um=1&ie=UTF-8&ei=ein3SoDwB83l8QaXlIDzCQ&sa=X&oi=video_result_group&ct=title&resnum=4&ved=0CBoQqwQwAw#

  • The Oracle
    The Oracle

    I'd encourage anyone with the resources and a good case to sue.

    I'd be careful to pick on an elder that truly deserves it (there are plenty to choose from). Like Mickey Mouse said, elders are victims too...however there are also many elders who are real power hungry jack-asses, who are far from victim-like in their demeanor. Those are the types I would hit with a lawsuit.

    It would be pretty fantastic if someone had a good case and the resources and energy to follow through with it. Maybe when Prince finally gets DF'd he will join the board here and offer to finance some legal cases against some elders and/or the GB.

    This would make individual elders take a moment to think before they act, exercise some more common sense, and start taking some accountability for their actions - outside of WT dictated standards.

    Happy litigating!

    The Oracle

  • wobble
    wobble

    Dear tjlibre,

    Claiming that your baptism was invalid will only work if you have never accepted any " privileges " within the organization. even a Sister who guarded a contribution box at an Assembly is considered to have accepted a "privilege" and therefore by default accepted that she was baptised into the organization, even if baptised at an early age, or baptised under the old vows.

    They have got you by the short and curlies ,unless you are very unusual.

    Good luck anyway.

    Love

    Wobble

  • Nathan Natas
    Nathan Natas

    I think I know what Minimus is suggesting, and I AGREE with him that in some situations this could be very... INSTRUCTIVE to the Elders at a very visceral, non-spiritual level.

    Consider this: ALIENTATION OF AFFECTION. Does that ring a bell? If your family won't speak to you because elder so-and-so disfellowshipped you, sue his ass in civil court for alienation of affection and other charges as deemed suitable by your bulldog attorney.

    Here's the magical part: the WTB&TS probably won't lift a finger to defend their Sales Manager, because to do so would be an admission that that Sales Manager ("Elder") was working at the direction of the WTB&TS in Brooklyn. As I understand the legal principle of "Respondeat superior" (see wikipedia, for example), that would make the WTB&TS responsible for his actions as their representative.

    (DISCLAIMER, I am not a lawyer and have never played one on TV. I did play doctor with the little girl across the street long ago, but that's a different story.)

  • minimus
    minimus

    Nathan understands where I'm coming from. The fear that an elder could have of getting sued might be a deterrant in one being pursued.

  • aSphereisnotaCircle
    aSphereisnotaCircle

    I agree it would be very difficult if not impossible to have a successful lawsuit.

    But that's not the point, the point is to scare the elders off and it often works because all elders know that they are hangin out there in the wind and the society will not back them up.

    So why on earth would any elder want to risk even a hint of an lawsuit? What would there motivation be if the society won't even back them?

  • minimus
    minimus

    If anyone starts to worry about potential lawsuits and having to get the resources to defend yourself, it can put a scare into a person. If you could make an individual think twice or an Organization, it could put them on the defensive.

  • molly1
    molly1

    when i decided to leave, the elders came around for their attempt to bring the lost sheep back. i voiced my concerns over many issues in sincerity but i had no intentions of going back. by the end of the visit i could tell it went from lets help her back to we got to shut her up. they went on a witch hunt to find out who i might have voiced my concerns to and thus accused me of apostasy. it wasn't long after the visit that i got a call from the elders telling me they wanted a meeting with me to face my accusers. at first i was very upset as i did not want to be disfellowshiped. i had family who were witnesses and cared for many. i had been a faithful and loyal witness and when i left i did not try to destroy others faith. that didn't matter they were determined to get rid of me. when they called back to set a date for the meeting i said that was fine, my lawyer and i look forward to your meeting because i feel i have been harrased, suffered emotional distress and have been slandered and i would like the names of my accusers. they said well there will be no meeting if you bring a lawyer. i said so you want me to come to your meeting by myself so you can gang up on me with no protection for my rights. they then proceeded to read me scripture how i was a pig in the mire, and a dog returning to its vomit etc. it was a pathetic attempt to control and beat me down. i stood up to the bullies and the next time they called they said they decided there was no need for a meeting as they could find " no wrong doing" even asking when they called "can i speak to your good wife". i am sure if i didn't threatened them with a law suit they would have disfellowshiped me. there intimidation usually works with the masses as they would like you to believe you have no rights.

  • alice.in.wonderland
    alice.in.wonderland

    I've never been harassed by an elder or had a reason to sue. I was disfellowshipped as a teenager because my parents who were Jehovah's Witnesses knew about my activities. When they spoke to the elders I just told them to disfellowship me. I''ve long since been reinstated but I haven't been to the meetings in eight months and an elder has contacted me one time. It seems that people here are sociopathically looking for ways to hunt down and get at Jehovah's Witnesses, not visa-versa.

  • betterdaze
    betterdaze

    I haven't been to the meetings in eight months and an elder has contacted me one time


    They tend to ignore those with mental issues. In fact many here have successfully faded by claiming depression.

    Why not ring them up to confess how much you enjoy talking to opposers on the Interwebz? They'll be all over you like



    ~Sue

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