Anyone taken legal action in DF'ing? (page 2)

wednesday

ok, on one of the current threads, there is a link to the WTS offical site and it discusses shunning. the constitution protects them they say. Apparently someone appealed to supreme court and lost. It is a practice of the jw religion and they would not interfere with the practice of a religion. Now that is what they say. But what they don't say is u may be able to sue indivadual elders. Francios, is right. thereis always some dirt. use it.

Bendrr

Francois, look on the bright side. C.B. Mitchell is dead and hopefully will stay that way for a long time.

Mike.

hamptonite21

Francious you are offically the jc arbitrator. That was great what you did, where was that advice 3yrs ago when I needed it. df'd in 99

inky

To keep the JW's from coming to my house I sent a letter to them advising them that I did not wish to have any of them come to my house,write me or contact me. I stated that if they did I would sue. I also stated that the letter I was writing in no way was a disassociation letter. What did they do? They disassociated me. Alot of good it did for me to write. But it was for the best. I am now rid of them. No more harrassing phone calls or visits. Of course my 3 children and friends now are shunning me. It would have been best I think to have hidden away.

What do they say? Hindsight is 20-20.

Inky

outoftheorg

I know of one case that took place about 15 yrs. ago.

This sister was to be called before a jc. I don't know what the dfing offense was. Her husband a non believer was an attorney. He sent the po a certified letter on his letter head stating, that if they took any action of any kind against his wife, he would sue the wbts and the individual elders. The elders contacted the wbts legal desk and were told to drop the whole thing.

I don't know if that would be their policy today, but it worked at that time.

Might be worth a try to contact an attorney and get one sent to the po on the attorneys letter head with a threat he feels might get the same reaction.

With the upcoming mass lawsuits and possible class action suits by the legal firm that posts on here, this may have them wanting to dodge any new bullets.

Outoftheorg

Edited by - outoftheorg on 22 November 2002 23:22:27

Blueblades

There is another way.If you can establish that they violated "CONFIDENTIALITY".That is revealing information to their wives or other close associates about the case on hand then they are DISQUALIFIED as elders.This not as hard to prove as it seems.Gossip and talk by others who are not supposed to be in the know on a matter could make for a problem for the elders to defend and put them on the defensive,turning the j.c.around to naming the ones who are not suppose to be talking about confidential matters.You could ask to have them brought in for questioning.What elder would want his wife brought in for questioning that could lead to opening a can of worms about their conduct and lead to disqualifying the elder himself. Just something that I think could be tried if this matter is available to you. Blueblades

reubenfine

I don't believe a shunning lawsuit would win in the US. I'm just a lowly paralegal, but my schooling and research have shown that the US government will bend over backwards to stay out of religious problems unless an obvious law is being broken. They'll probably also CYA somehow by saying, "Well, we didn't tell them to shun you. We just said anyone who's a decent Christian would shun you," or some BS like that.

I say we shun THEM!

lv4fer

Here is the letter that I mailed off Return Receipt. I hope it helps

This letter is to notify you in writing that you have no authority or jurisdiction over our family and any member thereof. We also have no desire to meet with any self-appointed tribunal (1Cor4:3,4) . The only person we have to answer to is Jesus Christ our Lord and Savior. In all honestly, we would simply like to be left alone. According to the Watchtowers web site those who simply cease to be involved with the faith are not shunned. That is exactly what we have done we have ceased to be involved with the faith. We have not committed any wrongdoing or immoral acts that would warrant appearance before any committee and/or shunning which I might add some in the congregation have taken it upon themselves to judge us and our kids and shun us. This is a very serious thing as Romans 14:10-12 points out.

We are offended by your letter, which implied that we in some way could be guilty of apostasy. Whoever has carried such rumors or claims is in extreme error and guilty themselves of making false charges, a very serious offense. Jehovah tells us in 2 John 9-11, everyone that pushes ahead (goes beyond) and does not remain in the teachings of Christ does not have God. He that does remain in this teaching (the teaching of Jesus Christ) is the one that has both the Father and the Son. Then John tells us that anyone who goes beyond the teachings of Christ, we should have nothing to do with.

Let us make this perfectly clear: We do not go beyond the teachings of Christ as outlined in Gods Word. If Jesus and the apostles didnt teach it, we dont believe it! We as Christians are trying to live our life in accordance with the scriptures. However, we are very concerned about teachings of the Watchtower, Bible, & Tract Society that go way beyond the Word of God. They have made up doctrines, gospels, rules, regulations, performance demands for eternal life, prophecies, predictions, dates, modern-day applications and revelations, and taken positions on medical and other matters that Jesus never mentioned.

Additionally, we want to make it perfectly clear that any action taken by any persons against our family will subject themselves to personal liability, we will hold them personally responsible, and any and all legal actions will be directed to them, personally and collectively. We wish to warn you that historically, the Watchtower Society will not back you up legally, and will refuse all liability, and will allow the local elders to suffer the consequences of their actions.

We have no problem with the Auberry Congregation or any of the people who attend that congregation. Many members of that congregation have been our friends for many years and are trying to do what they have been taught sincere Christians should do. Our only disagreement is with certain actions (some illegal), policies, teachings, and writings contained in publications produced, and oral teachings promulgated either individually or collectively by the Governing Body of Jehovahs Witnesses and its legal corporations, the Watchtower Bible and Tract Society of New York, Inc. and the Watchtower, Bible and Tract Society of Pennsylvania, Inc., and the International Bible Students Association. Certain teachings are not contained in the Word of God and are therefore a pushing ahead, a going beyond the teachings of Christ!

If you decide to take any judicial action against our family, there are certain things of which we must be notified, and which must be clarified, before we would agree to meet with any self-appointed judicial committee. These items are as follows:

1. We shall be notified in writing of the time, place, and purpose of any meetings with a judicial committee.

2. We shall be notified in writing exactly on whose behalf the judicial committee was convened and is acting; the Auberry Congregations of Jehovahs Witnesses, the Governing body of Jehovahs Witnesses, or its legal corporations, the Watchtower Bible and Tract Society of New York, Inc. and the Watchtower, Bible and Tract Society of Pennsylvania, Inc., and the International Bible Students Association, or any agency not named.

3. If any other agency, other than the one for whom the judicial committee has informed us they are acting for, is consulted, reported to, or allowed to have any bearing on the outcome of the judicial process, we will consider the judicial committee as acting in their behalf.

4. We shall be notified in writing of any accusations against us; the names of persons making such accusations, and the substance of any alleged evidence.

5. We shall be notified in writing of any and all of our rights and responsibilities involved in the judicial process.

6. We shall be given sufficient time between notification of any meetings with a judicial committee and the time of the actual meeting to prepare a response to any accusations.

7. We shall be allowed to have one person of our choice present during all meetings between any of our family and the judicial committee, as an observer.

8. During the meetings with the judicial committee, we and or our observers, will take whatever notes we feel are necessary.

9. We will not recognize any action taken by the judicial committee as valid unless it is communicated to us in writing, stating the exact nature and reason for the action.

10. If the judicial committee is acting only for the Auberry Congregation of Jehovahs Witnesses, it is enjoined from notifying any agency outside the congregation of their action. If the judicial committee or anyone acting in their behalf notifies or reports to anyone outside the Auberry Congregation of Jehovahs Witnesses, we may take any appropriate legal action.

11. We may appeal any action taken by the judicial committee.

12. Before we will meet with a judicial committee or an appeal committee you must notify us in writing of the names of all the members of the judicial committee or appeal committee, and who each one represents.

13. There shall be not contact between the judicial committee and the appeal committee other than to inform them of the time and place of meetings with them. If we determine that there is any contact communication, or attempt on the part of any of the members of the judicial committee or anyone acting of their behalf to, in anyway prejudice or sway the appeal committee, we will insist that a new appeal committee be formed.

14. We shall be notified in writing of any and all of our rights and responsibilities involved in the appeal process.

15. We shall be allowed to have one person of our choice present during all meetings between any one of our family and the appeal committee.

16. During the meetings with the appeal committee, we, or our observers will take whatever notes we feel are necessary.

17. We will not recognize any action taken by the appeal committee as valid unless it is communicated to us in writing, stating the exact nature and reason for the action.

18. In this written communication the appeal committee must state exactly on whose behalf they are taking the action.

19. Whoever the appeal committee has stated that it is acting for, it is enjoined from notifying any other agency. If the appeal committee or anyone acting in their behalf notifies or reports to anyone outside the exact agency that they represent, I may take appropriate legal action.

20. I understand that if any one of our family is disfellowshipped by the judicial committee and the disfellowshipping is upheld by the appeal committee, that we are, at that point no longer considered by such committee or appeal committee to be one of Jehovahs Witnesses. We also know such agencies may consider making a public announcement of their action. Any statements, even implied, in such announcement may be considered liable and subject to appropriate legal action. Any mention by speeches, or talks, or teaching to convince, coerce by implied or actual threat of similar judicial action to that individual; or to encourage by private counsel or suggestion any of Jehovahs Witnesses to treat us differently from any other person that is not one of Jehovahs Witnesses, to be a serious violation of our civil rights and we may initiate any legal action, civil or criminal that we deem appropriate. This includes any attempt to convince by speeches, talks or teaching to coerce by implied or actual threat or to encourage by private counsel of suggestion to any present Jehovahs Witnesses to shun or avoid us, cease or otherwise modify their doing business with us or terminate or otherwise abrogate any lease, rental mortgage, or any other legal agreement that we may presently have with them, we may consider such to be an infringement of free trade any may initiate appropriate legal action.

21. We consider any communication between the members of the judicial committee and ourselves and the appeal committee and ourselves to be ecclesiastically privileged. Any attempt to reveal the substance or tone of those communications to any other person or group will be considered by us to be a breach of that privilege, and may result in legal action. This includes any announcement beyond the fact of disfellowshipping; speeches, talks, or any other communication, written or oral public or private.

We respectfully await your written response.

wednesday

This looks good, however, they for one won't have to tell the cong. to shun u. All JW know they are supposed to shun a DA or DF person. Just by the announcemnt there is implied threat to the rest of JW -they all know to talk to u would result in a JC meeting of their own.

I looked on the jw offical site, and they proudly declare that no one has ever been successful in the usa of suing over shunning. And one case went to supreme court. they proudly say the usa upholds the right of a religious org to make its own rules and will not interfere with them. the usa only does this so we don't lose our rights-not b/c they like jw. But look what is tolerated in the name of freedom of speech .

We may see some change with people growing weary of extremism in religion, however, it will be a fight. And likely those of us in usa will lose some freedoms if jw lose some of theirs.

imanaliento

the only people that ever win in any lawsuits are the Lawyers. to me it's a waste of time.

btw lol at Bad Jerry talking about the McDonalds law suit.

Anyone taken legal action in DF'ing?

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