Is Warning re Possible Lawsuit Required?

Scully

This is just a general question for anyone who might have some legal background on the matter.

If (and I expect there will be) an announcement is made to our former congregation that we are "disassociated", can I just go ahead and sue them (individual elders in the congregation) for slander and defamation of character? The decision to make the announcement is one that has to go through the body of elders, right??

Is it necessary, when the elders come calling, to say "I will sue the shirt off your back and the bloomers off your @$$ if you make any announcement that slanders my name or defames my character to anyone"?? Or if I have information that leads me to believe that such an announcement has been made (ie, my parents refuse to speak to me) can I just go ahead and launch a suit against them?? My intent is to make their lives miserable, by the way. LOL

Just curious...

Love, Scully

mouthy

ScullyI have threatened to sue!!But you wont find a lawyer that understands the WT make up- Also those I know who have already sued had to give up-as the WT lawyer keeps postponing trail dates till your broke....I do believe the reason they came back to have me reinstated is because I have made it VERY CLEAR.. that I will sue the brother or sister who defames my character.... So I think they have wisened up around this area......If you can find a Lawyer who really know the devilish workings of the Borg go for it....Haweye would be a good one to get in touch with

Edited by - Scully on 31 January 2003 21:13:56

RunningMan

First of all, no, you do not have to give a person warning if you are going to sue them.

However, sometimes the threat is more effective that the actual action. You may want to warn them.

The likelihood of being successful in this type of lawsuit is pretty slim. The courts do not interfere in religious matters, unless the public welfare is at stake. If you sue, you will probably lose, and have to pay their costs on top of it. So, I would probably stick with making credible threats, and see if fear can accomplish what the court probably won't.

JH

Scully, I don't know if we can successfully sue them. They do lots of damage to our reputations when they announce that we are DF'd and that no one can talk or associate with us. We should be aloud to sue, and WIN. Maybe one day a lawyer of the Watchtower Org, who knows everything about them, might step down, and defend us. If you want to make their lives miserable, that would be sweet revenge. Can they Disfellowship you without telling you or sending you a letter?

Edited by - JH on 16 December 2002 15:14:5

alamb

No, you have no responsibility to give a warning. However, if you do give one, document it perhaps by sending it via registered mail and speak clearly and consicely.

If you later learn that the request has been violated (which it will), sending a letter can be fun and perhaps give you more ammo when they react. They will either ignore you or give you even more of a case. End the letter with one of my favorite phrases, "Govern yourself accordingly" (translated: INCOMING!)

Have fun and I wish you the best.

ThiChi

I would do a topic search here. Someone a while back posted the letter the WT lawers send defending their right to treat you like s**t. As I remember, the courts are reluctant to get involved with this aspect. Do the search, someone here really had some great info....

Edited by - thichi on 16 December 2002 15:42:1

roybatty

Id be really surprised if anyone ever won a lawsuit against an elder for defamation of character over the announcement of a disfellowshipping or disassociation. Because of the threat of lawsuits, the Society instructs the local elders to make the announcement as brief as possible. The usual announcement is simply "So and so is no longer a member of the so & so congregation." If an elder on your committee was stupid enough to speak to someone who wasnt on your JC about the matter before them, then youd have some grounds for a suit.

One possible point that has crossed my mind is suing an elder who owns his own business and refuses to do work for you because your DAd. For example, the PO in the local congregation (who was also the chairman on my committee) owns his own handyman business. Im certain that if I called him to paint my house hed refuse. I wonder if this is against the law, to refuse to do work for someone because of their religious beliefs.

Regarding the Societys lawyers, Im not so sure theyd get involved if you sued an individual elder.

Xena

Just curious anyone ever considered a letter to the editor or announcement in the local paper detailing what d/fing is and how it effects you?

Just for the embarressment to them factor of course....

lol they hate any negative publicity

acsot

I work with lawyers, and could ask, but they know diddly-squat about the Witnesses, and Quebec is under Civil Code law, not common law as in the rest of Canada.

However, what about a sympathetic reporter? la James Penton? Describing in detail what disfellowshipping/disassociation really means in the lives of JWs? Also, the doctrinal flip-flops, lack of love, lack of involvement in charity, the inquisitorial nature of JC meetings, etc.

I don't know if that would work, but I still remember the t.v. news program dealing with the Penton case, and it's been over 20 years since that airs. Also, a newspaper once detailed what happened to a JW in the Montreal area who was disfellowshipped, about the same time, for "apostasy". Very sympathetic to the df'd person.

I haven't really thought through all the possible ramifications, just throwing this thought out there.

ugg

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Is Warning re Possible Lawsuit Required?

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