by biometrics 21 Replies latest watchtower scandals
Does anyone know if the Watchtower or individual elders have been successfully sued for defamation follwing a disfellowshipping. I know some have tried to sue for shunning, and their case had no legal basis.
What is the current platform announcment for a DF or DA?
What about court action to recover past donations?
Answer: Yes for libel a long-time ago by a former WTBTS attorney during the 1930's I believe. I belive I read a thread on JWN about this topic several months ago.
Peace be with you and everyone, who you love,
Robert
Online Moyle's was an extreme case though - he was personally defamed in the pages of the Watchtower itself; treatment not meted out to all defectors. The Watchtower learned its lesson and attacks in the magazine on the 1980s apostates, including Ray Franz, were stated in general terms without naming names.
Just read the Moyle letter to Rutherford. It really puts perspective on exactly what type of a man Rutherford was.
http://www.jwfacts.com/images/Moyles-letter-to-Rutherford.pdf
I am hopeful that in the long term spiritual crimes will be recognised at law as such.
Spiritual rape to me is comparable with physical rape as far as destructive psychological impact is concerned.
The same with theft, abduction, torture, deprivation, starvation and poisoning.
In the short term I feel it would be relatively "easy" (in my particular case) to prove gross misrepresentation and fraud which led to considerable investment and wastage of all manner of resources that would not otherwise have been made.
Defamation and libel are hard cases to win. I am certain many have tried. The WT is extremely lawyered up. Other religions are not found guilty of defamation. There may be a rare case that is fact specific will a court will allow to proceed. The WT will call your bluff, IMO.
If you consult a lawyer, prob. for free 45 minutes or so, you can learn more about your specific case.
Of course, just b/c there may be no legal remedy doesn't mean it doesn't hurt or that they are right morally or doctrinally.
My mom knew Moyle. She was very impressed with him. In fact, she teared up when she said that anyone who threatened Rutherford's prestige, no matter how valuable and good a Witness, ended up being fed to the dogs. Next, I go to KH and hear how perfect the WT society is. My Greek chorus ushered me into the pits of hell.
I remember reading a posting here that talked about a JW who was DF and had an attorney write a letter stating that there would be a lawsuit if their name was defamed, paraphrasing here, and later she/he found out that a ralative was telling her/his son about the bad things that were done so they had proof of the behind the scenes telling of her/his story about why they were Df etc,..
I heard that there was a settlement, enough to put said child throught college, how ironic.
The info is on here somewhere, even the letter fromt he attorney was pasted here.
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Does anyone know if the Watchtower or individual elders have been successfully sued for defamation following a disfellowshipping.
It depends on what you mean by “successfully sued”.
Other than Olin Moyle I do not recall off hand another lawsuit that went to trial with a verdict favoring the plaintiff in such a case. But there have been lots of other cases of lawsuits filed against Watchtower and local elders for defamation related to disfellowshipping action. These latter cases are settled out of court unless the allegation of defamation stems solely from the religious act of disfellowshipping with consequential shunning.
So, for example, if a person is disfellowshipped and consequentially shunned but the announcement of disfellowshipping included specific accusations of the individual’s character then it is likely the case was settled prior to any trial (if a lawsuit was filed).
This is evidenced by Watchtower over the years paring down announcements of disfellowshipping. Probably lots of folks here remember the old “For conduct unbecoming a Christian…” announcement of disfellowshipping. That language landed Watchtower in quite a few lawsuits which never saw the light of day because they were settled out of court. After enough of these Watchtower changed the announcement by insisting elders not use the phrase. More recently we have seen Watchtower completely extract the term “disfellowship” from announcements of disfellowshipping. Instead it is announced that “So-and-so is no longer one of Jehovah’s Witnesses”
Terms like “conduct unbecoming a Christian” and even publicly announcing the term “disfellowshipped” in relation to a specific individual can arguably been viewed by a reasonable non-Witness citizen as a derogatory inference of character. This is why Watchtower has changed its usage of these terms/phrases in order to lessen its exposure to lawsuits based on character assassination (defamation).
Something else also occurred in the past in association with the old “conduct unbecoming…” language. More than a few elders (then known as congregation servants) would express specific language along with that phrase. I recall many instances where this happened. The elder would announce something like “Janet Doe has been disfellowshipped for adultery, which is conduct unbecoming of a Christian,” or “Janet Doe has been disfellowshipped for conduct unbecoming a Christian, in this case adultery.” They were not supposed to do this, but it would kind of roll off their tongue because it fit the presentation so well. It was a natural thing to do. This language was ripe for litigation in the court system, and Watchtower settled these when suit was filed.
Marvin Shilmer
If I recall, the letter was not spectacular. It would not impress another lawyer. I can see where it would impress someone not in law. My thought is that lawyers get paid for writing letters. Elders may shrink at such a letter. There is no guarantee, though. If they forward it to the legal department, they will be vindicated. The factual details are very important. I often find that clients frequently omit the key facts b/c they don't know what the elements of a tort are. On the other hand, you have to consider the inflammatory qualities of such a letter. If only you are involved and very certain of your beliefs, it may be worth a try, IMO. If you are talking about family or friends, though, it may backfire.
The solution that I would endorse is not legal but very potent, IMO. Living well is the best revenge. As Jesus instructed his discipiles, wipe the dust off your feet and move on to a better life. They do have a legal right to regulate their religion and not associate with someone they don't want in the religion. NO court is going to rule on the merits of a religious decision.
A secondary solution would be to be very vocal about the shunning in all its sick details. Last night I watched a couple of shows about Amish shunning and Amish leaving the order and facing a new world. Next, a similar program aired about the Haisidim. If you think former Witnesses have problems.....
Unless there extra facts, a letter concerning a routine disfellowshipping would make me laugh. I don't know how the elder/Bethel connection runs. It seems to me that we should be allowed to shun the Witnesses in return. I would not bet on settlement details unless I read the settlement myself. This is why seeing a lawyer for a consult may be very important. Your local elders may very well have overreached and crossed the line. Internet advice is bad advice.
Most consults are free. These are hard times for lawyers so they will be generous with their time to land a client. You may get ideas or encouragement here but nothing has the comfort so much as being able to attach a legal malpractice policy if the lawyer screws up. There is also recourse to the state bar administration. Something you believe is insignificant might land you a large award.
I recall the letter so it is archived someplace. My sense of time is not good. If I recall, it may have been posted a while ago and then bumped up. Disfellowship/legal would bring many hits.
Notjustyet said,
I heard that there was a settlement, enough to put said child throught college, how ironic.
The info is on here somewhere, even the letter fromt he attorney was pasted here.
I believe the thread you are thinking of is here. Notice the posts by Roberta804.
http://www.jehovahs-witness.net/members/private/219169/1/Important-to-put-in-your-letter-of-DA
