Banned church member sues Jehovah's Witnesses

by izobcenec 24 Replies latest jw friends

  • izobcenec
    izobcenec
    A Normandy resident who was disfellowshipped from Jehovah's Witnesses is suing the organization for $7 million on grounds the alleged action against her was wrong.
    Barbara Joanna Anderson filed the lawsuit Thursday in Coffee County Circuit Court.
    She is seeking $2 million in compensatory damages, plus $5 million in punitive damages.
    The defendants are listed as:
    * Watchtower Bible and Tract Society of New York Inc.
    * Watchtower Bible and Tract Society of Pennsylvania Inc.
    * Watchtower Enterprises LLC.
    * Watchtower Foundation Inc.
    * Watchtower Associates LTD.
    * Kingdom Support Services Inc.
    * Christian Congregation of Jehovah's Witnesses.
    * Religious Order of Jehovah's Witnesses.
    * The Watchtower Group Inc.
    * Manchester Congregation of Jehovah's Witnesses Elders.
    * Lawrence A. Seely, Gary Hobson, Dale Dormanen, Robert E. Matthews, David Semonian, J.R. Brown, and John Does No. 1 through No. 4.
    Mrs. Anderson and her husband, Joe, had publicly spoken about alleged sexual child abuse being widespread among the Jehovah's Witnesses denomination.
    The Andersons are members of the Silentlambs, which was organized to stop what they say has been repeated sexual abuse permitted because of Jehovah Witness bylaws.
    Mrs. Anderson had said the denomination has a policy that does not require pedophile incidences to be reported to law enforcement authorities. She added that Jehovah Witnesses say they handle such matters in house.
    However, Mrs. Anderson said what in effect happens is pedophiles end up being protected by a cover-up which allows them to continue their illegal actions.
    She added they are often moved about through the denomination's many locations, which allows them to continue their actions.
    She said child sexual abuse cases have occurred in Coffee County.
    Mrs. Anderson said her and her husband's efforts to help change the system have resulted in retaliation from the denomination.
    The Andersons have been disfellowshipped by the Kingdom Hall in Tullahoma where they attended. Disfellowshipping, the equivalent of excommunication, is the harshest punishment handed down by the organization against members. Shunning is included as part of the punishment, which separates families.
    Mrs. Anderson said she is no longer able to see or communicate with her son, Lance Anderson, or his family who live at Mishawaka, Ind. She added that Lance is a practicing Jehovah Witness and is bound by the denomination's rules.
    Watchtower spokesman J.R. Brown previously defended Jehovah's Witnesses' policies.
    "Clearly, with us having 95,000 congregations around the world and three to five to six elders in each, mistakes may have been made," he said. "But that does not mean that we don't have a strong and aggressive policy that shows we abhor child molestation."
    Brown said that anyone found guilty of molestation by a church judicial committee is removed from all positions of responsibility and cannot evangelize door-to-door without being accompanied by a fellow Jehovah's Witness.
    Mrs. Anderson says in the lawsuit that she can "no longer pursue her work to assist Jehovah's Witnesses who are child abuse victims because they are prohibited from speaking to a disfellowshipped person.
    "This has caused irreparable harm to victims who are barred from taking to her."
    The suit says Mrs. Anderson has "suffered severe emotional stress as a result of all of the foregoing acts complained of and that she has incurred medical expenses for treatment of her emotional problems which in turn caused physical problems."
    The suit says she has suffered "severe emotional stress and the resulting medical expenses and physical problems were caused by the defendants with the specific intent to cause emotional distress and with a reckless disregard of the probability of causing that distress."
    The suit also says that "the conduct of the defendants acting in concert with each other was extreme and outrageous and would be considered as such by the general public."

    The Tullahoma News 2002

    SOURCE: http://www.zwire.com/site/news.cfm?BRD=1614&dept_id=161052&newsid=6011345&PAG=461&rfi=9

    http://www.jehovahsxwitnesses.tk

  • No Apologies
    No Apologies

    This is awesome news!!! Of course, I don't think anyone has ever successfully sued the WT over shunning, but there is always a first time. Plus Barb's circumstances are quite unique. Its obvious to anyone she was DF'd simply for daring to speak out against the Wt's refusal to address their pedophile problem.

    Can't wait to see all the dirty laundry of the Watchtower get put on public display as the case goes to court.

    ain't payback sweet!!! Go Barb go!!!

  • Pistoff
    Pistoff

    Go get em barb............good luck.

    Will we see a book soon?

  • outnfree
    outnfree

    YAY!!!

    (((((((Barb and Joe)))))))))

    outnfree

  • Xandria
    Xandria

    Um.. if they win this. You know what that means ?! Anyone who has suffered emotional damages from d/fing can then sue the WTS. This is a case to definately watch. For that could open the flood gates for the WTS's fall.

    Xandria

  • kelsey007
    kelsey007

    I doubt much will come from this. Maybe some publicity but the courts have already set precident on such cases. Many have sued over the shunning practice. The WT's defense is always that she can come back and that in the case of her family or any others they can decide for themselves whether to communicate with the Andersons or not. My family never stopped communicating with me and were never punished by the organization for thier relationship with me. At the least this will be a difficult case to pursue.

  • metatron
    metatron

    You're probably right, Kelsey

    However, I do have some hope this may create new case law - is it legal

    for a church to use the threat of excommunication to conceal crime?

    metatron

  • Nanoprobe
    Nanoprobe

    The Supreme Court has never heard the disfellowshipping issue. However the ninth court of appeals did uphold disfellowshipping in the case of Janice Pauls but note this statement......*883 [7] We find the practice of shunning not to constitute a sufficient threat to the peace, safety, or morality of the community as to warrant state intervention . The test for upholding a direct burden on religious practices is as stringent as any imposed under our Constitution. Only in extreme and unusual cases has the imposition of a direct burden on religion been upheld . See, e.g., Reynolds v. United States, 98 U.S. (8 Otto) 145, 25 L.Ed. 244 (1878) (polygamy); Hill v. State, 38 Ala.App. 404, 88 So.2d 880 (1956) (snake handling). The harms suffered by Paul as a result of her shunning by the Jehovah's Witnesses are clearly not of the type that would justify the imposition of tort liability for religious conduct. No physical assault or battery occurred. Intangible or emotional harms cannot ordinarily serve as a basis for maintaining a tort cause of action against a church for its practices--or against its http://jehovah.to/legal/general/paul.htm

    Will the courts of this country concur that protecting pedophiles and silencing whistleblowers presents a threat to the community?

    Edited by - nanoprobe on 10 November 2002 10:23:46

  • nickpark
    nickpark

    And this is surely extremism which means she and others like her do have a chance to win. The concealment of crime is itself a crime.

  • Mulan
    Mulan

    Great news. Keep us informed.

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