Headley Case Dismissal Upheld

The dismissal of Marc and Claire Headley’s case against Scientology Inc. was upheld by the US 9th Circuit Court of Appeals.

headley case 9th Circuit opinion

The lawyer who originally filed the case did Marc and Claire a disservice by putting all their eggs in the Human Trafficking issue basket.  Note, the counsel who argued the case in the 9th Circuit for the Headleys – not the same lawyer who brought the case in the first place – did a noble job with what she had been given to work with.

While the 9th Circuit upheld the dismissal of the lawsuit, the court indirectly condemned what had happened to the Headleys.   After taking several pages to reason why the Human Trafficking standard was not met, the court concluded the decision with these words:

Likewise, we do not decide how the Headleys might have
fared under a different statute or on other legal theories. The
Headleys abandoned claims under federal and state minimum
wage laws. And although the Headleys marshaled evidence of
potentially tortious conduct, they did not bring claims for
assault, battery, false imprisonment, intentional infliction of
emotional distress, or any of a number of other theories that
might have better fit the evidence. The Headleys thus wagered
all on a statute enacted “to combat” the “transnational crime”
of “trafficking in persons”—particularly defenseless, vulnerable immigrant women and children. 22 U.S.C. § 7101(a),
(b)(24); see id. § 7101(b)(1), (2), (4), (17), (22). Whatever bad
acts the defendants (or others) may have committed, the
record does not allow the conclusion that the Church or the
Center violated the Trafficking Victims Protection Act.

The “church” will call this a landmark victory.  Miscavige will certainly be tickled pink.  After all, they have once again thrown L. Ron Hubbard and Scientology under the bus of public opinion.  They have created a Circuit Court opinion that finds a lot of creepy behavior is motivated by belief in the Scientology religion.

Those who have been watching know that in the end it was Marc and Claire Headley who won the bigger victory.  We know for a fact that the filing of the suit (and all the sweat, blood and tears Marc and Claire spilled in litigating it) resulted in cancellation of Scientology Inc’s forced abortion policy.  It also resulted in dozens of former Sea Org members receiving substantial compensation (pay offs to remain silent – but compensation to create new lives nonetheless).

And, who can tell us how many people were spared the more drastic versions of the following at the hands of Miscavige because the Headley’s stepped up?:

assault

battery

false imprisonment

intentional infliction of emotional distress

With the dismissal, watch for Miscavige to escalate the abuses once again.  Historically, he has always done so when the church produces such a decision. Be alert folks, as per usual, we are the ones that will handle the fall out.

UPDATE:

Barry Van Sickle commented:

Marty is incorrect about the intial lawsuit, and who made the decision to narrow the case to a human trafficking case.. The decsion to place all the eggs in the human trafficking basket was made by the Metzger firm over my objection. The intial lawsuit was filed 4 years after Marc Headley escaped. That created statute of limitation problems for most potential causes of action. Given the 4 year period between escape and lawsuit, the initial case was focused on Business & Profession Code 17200 and labor law violations. The Human Trafficking claims were added later. Also, the decisions to drop the labor claims and not challenge that the Headleys were ‘ministers” were , in my opinion, mistakes , made after I was forced out of the case. I read this blog regularly and have much respect for Marty, but he has his facts wrong on how this case became a human trafficking case and the “minister exception” issue was essentially conceded.

  • I replied as follows:

    I’ll fix the post Barry. You should know that from the moment I received the suit – long after it had been filed – I noted the ballyhoo’d labor violation and forced labor claims would be nixed by the Alamo case precedent (since strengthened with the ministerial exemption line of cases). My advice from the get-go was to go hard to the basket with the plethora of torts committed since the Headley’s left, all very provable and clearly within the statute of limitations. Or maybe you don’t know that – because I relayed that and never spoke to you for another year or so.

168 responses to “Headley Case Dismissal Upheld

  1. Marty is there anyway to get in touch with you such as email? I really lov what you are doing reading the stories and comments is Great.

  2. FreedomFighter

    And although the Headleys marshaled evidence of
    potentially tortious conduct, they did not bring claims for
    assault, battery, false imprisonment, intentional infliction of
    emotional distress, or any of a number of other theories that
    might have better fit the evidence. The Headleys thus wagered
    all on a statute enacted “to combat” the “transnational crime”
    of “trafficking in persons”—particularly defenseless, vulnerable immigrant women and children.

    Good grief. Their initial lawyer sounds like they were completely incompetent — or a tool of the Church. Amazing that they could mishandle things to this degree.

  3. Marc & Claire will continue to have fulfilling lives, as they should.
    The cult of Miscavige will continue to contract, as it should. Works for me!

    The day will come when Miscavige is nothing more than a distant bad memory, rarely even thought about.

    • Most definitely, but it can’t come soon enough. It’s now a matter of how many more lives will be destroyed by then.

  4. Do not despair. This decision was not the “slam dunk” that the CO$ and David Miscavige were hoping for. It has provided a fissure in the armor, where the truth (and potential future litigation through TORT claims) can shine through. If not for people like Marc and Claire Headley, their bravery and courage, your movement and lay people might never know what atrocities the CO$ inflicts on its members. Continue to defy. Continue to fight. Do not be discouraged, the truth will emerge. It is only a matter of time.

  5. Good analysis Marty.

    And I add my thanks to Marc and Claire for what they did for so many.

    I also note that Tommy Two Tone was clearly exposed by the Appellate Court as a liar. They talk about the “blow drill” as an established fact. Yet, when Tommy was deposed in this very case, you covered his answers in a post here (Miscavige’s People Can’t Lie Straight in Bed 26 Oct 2010). Tommy claimed he had never heard of a “blow drill” and that he and all the other swarming hordes dispatched to Corpus Christi to “recover” JB went just because they were “friends” and nobody had told them to! The Court put the lie to that, making clear that it is a policy of the church to send out posses as part of the “blow drill.”

    Pity they set out with such incompetent representation.

    But Miscavige had better not be too quick on the trigger to regress — there is an open invitation for suits to be filed under different statutes. No matter how you weasel out of things on the short term, it always eventually catches up with you. Society will not tolerate the abuses carried out by the RCS and more than it tolerated the segregationist policies. They too were once “law” and even upheld by high courts in the land. But as more abuses were exposed and more legal challenges were brought, the laws were changed and the mistreatment of people under the guise of law was no longer tolerated. So too shall this come to pass. Marc and Claire were pioneers on that path to restore fundamental human rights.

    • Marc and Claire accomplished something else. The “church” has now admitted and justified that it listens in on phone calls and censors people’s mail and says who they can marry and that staff can’t leave until the “church” says they can leave. I’ll bet this information never gets disclosed in recruit interviews.

      Whether or not court cases get won, the information gets exposed in the process, and that too is a valuable product.

      Well done, Marc and Claire, and congratulations on the new little one.

    • I was reading the link of the 9th Circuit Opinion today.
      The amount of spin fed to the 9th Circuit judges was mind boggling.

      Lie #1 Sea Org Members learn that the ministry will require them to work long hours without material compensation.

      NO SEA ORG RECRUITERS mentions SLEEP DEPRIVATION or any other abuses. No Sea Org Recurit mentions the RPF or Gulag. Sea Org pay being shut down to 1/2 pay, 1/4 pay is NEVER NEVER mentioned. The long hours, 12-18 hours a day work is a shock only experienced after Sea org contract is signed

      Lie #2 Blaming enforced abortions on Sea Org Travel !!!!!

      Stunning LIE. They LIE LIE LIE even to officers of the Court.

      Quote “Because Sea Org Life may at any moment require a member indeifnitely to serve anywwhere in the world, the Church prohibits Sea org members from having Children …”

      !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

      90% of the women who had abortions were never involved in any kind of travel ever.
      90% of the women who were enforced to have abortions were not “Mission trained” i.e. had not done Mission School and were no where near elligible for “serving anywhere in the world.”

      SPIN SPIN SPIN

      With an RTC Rep, exeuction arm for Miscavige posted in major “Church” outlets there is little need in this day and age for Mission traffic.

      To blame enforced abortions on possible Sea Org travel is a bold faced lie.

      Sea Org Rerutiment poster promote a life of Excitement, Adventure, Challenge, Adancement, Saving the planet.

      The sordid reality of the abusive RPF is 180 degrees different to the blather they promote even tro this day hovering outside Delphi Academy campuses to suck 2nd generation Scientologists into slave labor.

      • The simple promise of just getting one’s bridge (training and auditing) in exchange for the dedication and long hours is a lie for most Sea Org staff, from what I have observed. The last time I had a conversation with a Sea Org member, I asked the person what case level and training that person had had. The SO member had been in 15 years and not completed ANY auditor training, was only Life Repair, and no OEC. Probably sec checked out the ying yang, though. This person was regging me to do my next OT level! At least the person was honest with me and looked embarrassed when I most sincerely suggested she get going on her own training and auditing!

        • Lenore,
          You are spot on with that. This is prevelant at all levels of staff–people telling others how great it all is when they have had no enhancement and essentially no training—it is run by GROUP THINK which overides KSW and acts as ‘senior policy’.

      • Meanwhile on the back end they push “Way To Happiness” books.
        It is as rotten as it gets. All under the mask of “We love Hubbard” cha ching cha ching everyone’s stat is gross income. And the only person getting rich is David Miscavige! He has really got it going on! Master pimp! Salute to my dogs! Lick the bathroom floor! Slap that bitch!

        • Oracle — yes, but don’t forget:

          It sucks to be Miscavige.

          While Cruise is sinking steadily into the valence of Dave, Dave is descending into Kim Jong Un levels of insanity. He cannot go anywhere in public unless it is completely orchestrated with heavy security and controlled audiences of clubbed seals. He eats caviar and drinks champagne while his people starve and his empty palaces echo with the lonely footsteps of his Stepford wife, servants and bodyguards.

    • +1
      Nice, Mike.

    • I am pretty stunned to find this site. I met you, Mike Rinder when I was on PR staff at CCHR Int. I don’t know if it’s safe to communicate here, but would like to email privately to find out how to post anonymously – at least until I know more about how the site (and WordPress) works. I already lost one career and my entire net worth to Scientology, can’t afford that again.

      • Welcome Benthoven. You seem to be doing fine. You have posted here anonymously.

        Not sure what you are worried about at this point — seems pretty certain you are not going to turn over your net worth to the RCS again…. :)

  6. Nicely put Mike!

  7. Should that be “be alert folks”?

    Anyway Marc and Claire will always be heros in my book. Marc’s book is rivetting and must-read material, and I only wish them and their family every good fortune.

  8. I am very sorry that justice has not prevailed here. Very sorry indeed. But, as Mr. Rathbun says, Mr. and Mrs. Headley HAVE won the greater and more lasting victory – they have freedom from the tyranny and abuse, they have the support network (and therefore the respect and affection) of us all here and elsewhere, they have each other and, most importantly, they have the beautiful and lasting blessing of their lovely children.

    And children who, when they are grown, will be old enough to appreciate what their parents went through so that they – and THEIR children, grandchildren, great-grandchildren – could live. A sacrifice, to be sure, but what better sacrifice can there be in order that innocent others (in this case the sweet Headleys Junior) have their chance at life.

    Once again – I am sorry that this bitter blow has fallen on people who are fundamentally good and deserving of a just and honest outcome. But, despite this disappointment, I wish Mr. and Mrs. Headley and their beautiful babies many, MANY, happy times to come.

    With love – keep smiling!
    IEG xx

  9. Kudos to Marc and Claire for changing the abusive and mistreatment of SO and staff within the ultra-barriered walls and fences with their courage of bringing justice to DM and his corporation from without. You have saved many heartaches and hardships which are unnecessary to begin with, additives from David Miscavige.

    This public court document establish that there’s:
    assault
    battery
    false imprisonment
    intentional infliction of emotional distress
    And their actions of deny, deny, deny and categorically deny are simply lies.

    Most unfortunate is their choice in legal representation, who also “lost” another case by filing it two days after the deadline, which is sheer incompetence. This provides a caveat to choose counsels wisely as a primary target in the next case.

  10. As soon as you say “it is a case involving religious beliefs, your Honor, not tort law”, the Co$ will nod and affirm, “That’s right your Honor, this is a 1st Amendment Free Exercise case, yes it is, yes it is.” The notes on the dismissal as above would seem to support my contention that if you file a tort case – “I was hit” or “I was held against my will” or “by Geneva Convention standards, I was tortured” – and loudly state “it has nothing to do with religion, your Honor, nothing at all” you have the law on your side.

  11. Roy Macgregor

    My heart goes out to Marc and Claire for the tough battle they fought. The fact is that battles won and lost are what makes a war. And where tyranny exists, then win or lose, someone must stand up and fight. Marc and Claire stood up to the suppression and perversion of the Scientology religion. I personally thank them for that.

  12. “Marc and Claire were pioneers on that path to restore fundamental human rights.”

    +1

    George M. White

    May those working the path to restore human rights be well and happy!

  13. These cases are valuable in that they guide the next person who wants to sue the Church. There is plenty of ways to go at it. The court is telling people that this is not one of them. Eventually, someone will win their case. I don’t see it as a loss, but rather people left on base at the end of the 3rd inning. There are more innings to go.

    Kudos to the Headleys for taking a good wack at the beast.

  14. Does this mean that they can’t file again using the other sitations the judge mentioned?

  15. There is also an increasing amount of Media taking their stories from this blog! An example of this is the blog posting from several days ago about the TWTH booklets. http://www.radaronline.com/exclusives/2012/07/scientology-l-ron-hubbard-way-happiness-olympics-london

  16. Maybe one of these days people will be filling out forms for restitution from the cult. Stranger things have happened.

  17. I just read Marc’s book last week, and I have to say I was riveted every single minute. I wonder if any of the justices bothered to read it, and if they had, might it have made a difference? I just now read the first couple of pages of the court’s judgement and have the same impression as some of ya’ll do; that their lawyers had some kind of trouble with this case or were over their heads. I don’t know what it was. But the judgement implies that Marc and Claire were operating as adults with free will, when if you are raised in a culture, and have never known anything else, and all the people who care about you are in it, and you depend on it for survival, do you, exactly, have free will? When everyone you know and your very money to exist comes from one organization, as it was for Marc when he was a teenager, what choice do you really have?

    When that applies to the actual human trafficking situations out there, one might ask the same questions. Perhaps the women who are trafficked and kept as sex slaves or domestic servants also have the opportunity to leave. Having the apparent physical opportunity (living off the base) does not necessarily mean one is free to leave, and the same kind of situation can apply to forced laborers brought from across the border, whose lives depend upon whoever brings them to the New World (where they then find out they’re hated as immigrants, even though we Americans just came in and took the land from Mexico; as immigrants).

    I think the court erred when it comes to the free will question. Just my opinion. In particular, when it comes to small children and young teens being worked mercilessly for so little compensation, when they should be in school, it’s difficult for me to understand an appeals court would ignore this kind of thing.

    However, all I have to really do is look at what happened in the 2000 Presidential election, and then the 2004 election (hacked via Ohio returns—see King Lincoln Bronzeville v. Blackwell articles by Bob Fitrakis at Freepress.org for server architecture maps, testimony etc)….and I find my faith in the courts is sketchy at best. It’s what we’ve got, but it’s not only the Scientology church, but the whole freakin’ world that seems nuts to me a good bit of the time.

  18. Anon, onyourside

    A Federal Court has ruled that the religious practices of the COS include a long list of horribles and that those who “choose” to be “ministers” in the COS agree to these practices. How the h** does DM think he is going to sell this to the public? It is now official that the stated policy of the COS is to force abortions, stalk former members, hold members as prisoners, deny food to members, make them work 100 hours a week, and force them to clean human excrement or worse. What a recruitment package! As I wrote elsewhere, the COS defense of these practices, which the Court has ruled is the COS official, stated policy, is equal to the slave owners claim that slaves were their chattel. It won’t sell going forward; the COS will survive only as a diminishing group of “battered” parishioners, and everything the COS does will be under public scrutiny.

  19. Spot on analysis Marty, and Mike. So, here we have David Miscavige’s “Center” and his version of the S.O., laid out in the firm words of the 9th Circuit. Of course this has ZERO to do with Scientology, the Dynamics, life, expansion. So Dave, you “win”. Keep your squirrel group. Overall, in living, you have lost. Your “ascetic” monkdom/nunnery is yours, it is Miscavology. Such is the way of MEST, you win, you lose. You lose, you win.

    You “won” a court case which establishes again the First Amendment rights of Scientology. But it ISN’T Scientology, so you’ve lost on the entire purpose of this subject.

    God, am I glad I’m NOT in your SP group Dave. You feckless peckerhead.

  20. Yes, 100 hour work weeks are part of our religion, and you were enjoying it at the time, so we win this case!

    What a disaster when the next plaintiff argues fraud, not to mention the PR disaster.

  21. One other aspect of this decision is that it validates as factual certain practices in the Sea Org which have no basis in LRH Policy, including SO-only policy – at least not to my knowledge. I am not aware of any LRH policy that can be properly construed to condone or encourage “the Blow Drill,” that SO members should only be allowed to marry within the unit they are posted in (RTC “intramarriage only” policy), or opening personal mail and eavesdropping on personal phone calls. Between that aspect of the decision and the implication that the facts as alleged (and apparently a number of these facts were not even disputed by the Church) could form the basis of other potentially sustainable claims against Church tortious conduct. Thus this decision has value in demonstrating to Scientologists generally that the upper SO at Int basis, under the “leadership” (more accurately coercrion) of David Miscavige, has become a group of tort-committing squirrels.

    • Dave’s last two court excursions, this one and Debbie Cook’s, sure have been big wins for him. They paint the picture of his kind of group. How does he tout these? He can’t very well let everybody in his group read them, as “wins”, since they show exactly what has been said of him and that he is a squirrel, reverse-Scn, feck.

      I especially like the “forbidden intermarriage” win. That’s BIG, Dave.

  22. High respect, regards and love for Marc and Claire Headley.
    I also want to acknowledge Marc Headley for being a vanguard and fore runner of leaking the horrors of INT BASE, SP Hole, and other important stories.
    Marc Headley’s revelation of “INT BASE Musical Chairs” (which the “Church” admitted taking place) might well be THE MOST READ Scientology story of abuse of all time if you calculate the amount of cross posting to every message board tracking the atrocities.

    http://ocmb.xenu.net/ocmb/viewtopic.php?t=24064

  23. I wonder how many recruits for the Sea Org were shown the list of the rules laid out by the court that Sea Org members must follow before they signed their billion year contracts?

    I wonder how many people would sign that contract if they knew before hand the list of rules they must follow voluntarily? Rules like giving up your right to privacy, to freedom of speech, to having a family and children, to who you can and cannot marry?

    I wonder how many children of Sea Org member were even educated in the rights they have as American citizens in the Constitution so that they even realize what they are giving up by volunteering?

    I wonder how many times the rules were changed that Sea Org members who disagreed could leave without harrassment rather than follow them?

    Reading the Court’s decision makes it seem that these practices by Scientology are all perfectly okay as long as someone originally volunteered to join the group. That because you volunteered, it is lawful for Scientology to enact a “blow drill” to capture you like an escaped prisoner?

    I agree that DM has a PR problem in the future. The media can be refered to this decision to describe what the Sea Org is and what life in the Sea Org is really like.

    • Mark, we can be sure no SO recruits are anywhere near fully informed of ali the rules, practices, restrictions, potential punishments, abridgment or denial of human and civil rights they are in for as SO Members. And in addition to the “symbolic” SO contract, they also sign more legalistic 5 year contracts (successively through their careers). Where is the informed consent?

    • Captain Non-Sequitur

      :)

    • The celebrities are PTS too, to David.

      John Travolta, Tom Cruise and Kirstie Alley all blindsided with suppression and treason very recently. I can’t believe someone is suing Kirstie , I signed up with her program and the vitamins are the best, the very best. She includes lots of tools for people to use. Even interactive web tools. Of course anyone has to exercise and eat less to lose weight. You have to learn to keep your hands away from your face. If everyone sued every help flow for weight loss, that they did not make go right the entire weight loss industry would be wiped from the Earth.

      The first guy who sued John T. was caught blatantly lying when photos of John from security cameras caught him in New York when the period of assault was supposed to have happened. The others soon disappeared.

      As far as Tom and Katie go, who knows what really happened? I don’t. But they went their separate ways as Hollywood couples often do. They both benefited from that marriage. But sometimes people throw away things because they simply have no more desire for it. That is valid too, especially when you have many options and can pay to play.

      Nevertheless, all of the above are indicators of PTSness. They ARE PTS.
      Or rather, they were PTS, now they are ATS (actual trouble sources). It must be a tough burden to carry, celebrity, career, knowing the Church has your P.C. folders (and it is broad knowledge John Travolta’s p.c. folders were culled for blackmail data at one time when he got frisky). The Church offloaded Placido Domingo’s folder data onto the net.

      Even if they did want to speak out their careers could be shattered. I have the utmost respect and admiration for those that have come forward and spoken the truth. The ones still being “handled” (suppressed) by the Church are manifesting problems that effect their career , life and reputation anyway through PTSness.

  24. I just rescued someone. It felt so scary. Had to do it after midnight. Took She/He to a safe house for a spell. She/He was hit along side the head every day for six months. He/She knows about the search and recover drill where they hunt you down and bring you back. She/He was verably abused daily. Many on the outside say you can walk but this is not really possible. They shared room with 18 people and no mattress for anyone. Now he/she will have to watch over shoulder for the rest of their life. This is so wrong.

    • DarnIt: That’s a bit extreme don’t you think? “Watch over shoulder for the rest of their life.” —

      It implies that the Co$ will 1) be around for “the rest of their life” (doubtful)
      2) that the Co$ actually cares about this person enough to hound them

      This type of comment, while very dramatic, it not helpful IMHO. It tells those who might be reading this blog but unfamiliar with corporate scientology that it has more power than it really has.

      Christine

      • Agreed Christine. I don’t bother looking over my shoulder at all….

        • I think the Church people are the ones “watching over their shoulder”. They have secret tunnels now and are not allowed to walk on the streets without two escorts. That is way fu*^&(g paranoid. Davis is so f^&%*$g paranoid he is surrounded by body guards at the Flag Land base among his own peers! They are transported in buses and not allowed to communicate to the outside world. They are more or less type three. Everyone is out to get them. A sure indicator of being on a heavy motivator flow.

      • Windhorse – very well stated,

        ‘Watch over my shoulder for the rest of my life?” —
        No way! I have my feet up and the door open. All are welcome. If any hostile Corp Scientology representative wishes to drop in, I have:

        a) Truth and personal integrity
        b) Two way communication

        They just crumble.

        Glad someone else was saved. Give them time and space and ARC and they will bounce back to cause and control over their own lives. There is nothing to be scared of. The Corp Scn scare-tactics are just that — tactics.

        Scared of a man so short he has to stand on an apple box to be seen over the podium at events? Ha Ha Ha! It really is a laugh!

        • Lana & Windhorse,
          Very well stated posts. Add to that Jims observation:

          “God, am I glad I’m NOT in your SP group Dave. You feckless peckerhead.”

          When you know you are free you are free. No worries and no shoulders to look over. No looking back ……. we have a future to create and ‘der Midget’ is not in it. Bye Dave……have a nice rest of your sucking life!

        • Theo Sismanides

          We are indeed restoring the two rights of a thetan.

          1) the right to his own sanity and
          2) the right to leave a game

          Kudos to Marc and Claire for standing up for those rights.

          These rights are WON, MESTavige! And you can’t do anything about it. We are winning on those, and more and more thetans are exercising those rights.

          Any master no matter how much the slaves want to wear their chains will eventually go down. It’s now your time, MESTavige.

          The Stats prove it.

          You have no Power to control thetans anymore.

        • Love your insouciance; so true!
          You know they crumble, can’t handle truth.

          Every single reg and recruiter has broken his comm. after I asked certain questions about certain procedures and people. And I really tried to keep them on the phone but they hung up or agreed and then never called back. They even took me off the mailing lists, all lists; a miracle that didn’t happen any other way. The only power an SP has, is that which you grant him and still he can only restimulate. As soon as they find out they can’t restimulate you, they move off, tails between legs!

          Their tone is chronic fear, life consist of being threatened and instilling fear. They know very well they harm you but fear of the harm coming to them for not harming you, outweighs all human consideration. They run as soon as they’re being found out as that endangers them even more; not being able to continue to con the sheeple would amount to something like their death sentence.

          It’s truly amazing how anyone could still be impressed by an alcoholic high school drop out with a speech impediment, hiding somewhere in the Californian desert, the greatest anti-scientologist ever with no legal authority anywhere. With the current media, that small number will decline exponentially.

          Last I heard is that reg events are not done in person but by video; Mr. Valor is even hiding for his own flock. Ha Ha Ha! It really is a laugh!

    • Sounds like a chance to test out the assault and battery, and illegal incarceration charges, that the Headley’s suit didn’t test.

      • Interesting but the person that was ‘in’ is not talking, yet…

      • Yep. It sure does.
        The other stuff, that the court did hear, is amply covered all the way back to Watson V. Jones, where the “voluntary association” points were made and have held ever since.

        But, this court, the 9th Circuit, clearly sends the message, there are limits and the avenues of tortious conduct may very well be the road to perdition for Li’l Dave.

    • Damn good of you! Of course, you must both be very scared right now. Stay strong, and encourage your rescue to stay strong. When they show up, just say NO! Do you have a means of recording video/audio? If so, have it handy and do what Marty did: record everything, ask their names, ask them to state their purpose. If they are on your property, tell them they are trespassing and tell them to leave or you will call the police. Do not answer their questions. Do not give them your name.

      I hope someone else on this blog will either verify, correct or expound upon this advice.

      Thank you for being brave and helping to free another.

      Nancy

      • Thanks for the reminder of recording. I will contact he/she and let them know.

      • Li'll bit of stuff

        Hey, she rocket, expound we will! Darn it needs some
        back up! The simple truth of this tragic situation is,
        they’re up against an internal enemy, predominantly;
        FEAR! One way to counter fear, is with understanding.

        Dn. AXIOM 124 The amount of counter effort the
        organism can overcome is proportional to the theta
        endowment of the organism, modified by the physique
        of the organism!
        Reading the Dn AXIOMS, one soon sees the large
        role “fear” plays in the survival instincts and/or human
        aberration. To a large extent, one can overcome this
        paralysing “instinct” with simple deliberate confidence
        building exercises (reaching –rather than withdrawing.)

        Taking some neighbourhood classes in self defence
        will do wonders in building self confidence, and puts
        fear in proper, not aberrated perspective.

        Another simple remedy is pepper spray. Keep a can
        handy and see how confidence increases, instantly”

        Connecting up with “someone who knows someone”
        ie” mean looking” bouncers, and making their ready
        availability known, sends the “fear message” straight
        back to from whence it came!

        I often have to deal with real physical danger on an
        almost daily basis, and assure you, one is much
        better of learning HOW to confront it, instead of
        being effect of it

        Last word from LRH; “what you can confront, you
        can handle!” ( That’ s good ol’TR-O, BTW!)

        Calvin.

        • Thanks so much. Yes I have been researching self defense classes. .

          • Li'll bit of stuff

            Wonderful, keep at it, and remember the
            correlating triangle to ARC>>>>> KRC!!!
            The “K” & the “C,” most of us know, but
            The “R” (Responsible) happens to include
            “caring for”, but more importantly, in the
            overcoming of “fear”, RESPONSIBLE just
            means > CAUSE OVER! ( the situation!)
            summary;
            Fear = Effect of person / s, situation / s
            Confidence = Cause over persons / situations..

            I always love to reserve the last word for LRH;
            “…understanding washes away everything! ”
            Calvin.

        • Dang, I was trying to insert a photo of me holding up a badger I had just shot with my 30 .06. A bit over the top, but hilarious. LOL!

    • DarnIt – email me at Xemu@hushmail.com

    • DarnIt,
      This person needs to come out front & center and shout their story. That will put them at cause over the situation.

      To hide and watch over his shoulder for the rest of his life, puts him in the position of being prey and suck the predator right in.

    • How exciting! A rescue! Do tell us more! Tell us anything! Any new news from the “inside”? Tell us how you did it! Tell us anything!

  25. Truth will prevail, fight the Good fight.

  26. So can the Headleys sue CO$ for assault, etc. that the 9th Circuit mentioned in their decision?

    Wow! – How many law firms did CO$ use?? – something like 6+? When the Headleys had, what, 2?? So why would CO$ need SO MANY LITIGATORS, why would they feel that vulnerable, unless they were afraid they would lose it all? Interesting.

  27. My admiration to Marc and Claire for their courage and hard work in taking this on. I regret it did not come down in their favor. Would have loved to have seen them with some new “resources”. Still, they have exposed the crimes which the court so kindly laid out. It is both good news and bad news that our legal system is a system of law not necessarily “justice”.

    Marc and Claire have a bright future ahead of them not the least of which is the expansion of their family. Congratulations!

  28. I applaud Marc and Claire! The court system is a hard one to navigate, and when you are battling Corp Scn with huge coffers and the best lawyers — it is a challenge.

    They have led the charge — and it will be continued, by many further afield. Congratulations Marc and Claire! My hat is off to you both!

  29. Well done Marc and Claire. Although you didn’t get the outcome you desired, nevertheless you are winners. Thank you for all you have done for us.

    “It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly; who errs and comes short again and again; because there is not effort without error and shortcomings; but who does actually strive to do the deed; who knows the great enthusiasm, the great devotion, who spends himself in a worthy cause, who at the best knows in the end the triumph of high achievement and who at the worst, if he fails, at least he fails while daring greatly. So that his place shall never be with those cold and timid souls who know neither victory nor defeat.” –Theodore Roosevelt

  30. This judgement opens the doors for more lawsuites. And declares possible success using battery, assault etc.

    Only a matter of time Dave. Every slap, punch, busted up family, collateral damage etc. has your name on it.

    There are more exacting and eternally vigilant laws that need no robed human nor wooden gavel to mete out a sentence.

    There are no statutes of limitations, no ignorant/arrogant denial, no amount of money that barrs you from what you yourself have created.

    When a human being develops a taste for cruelty in the guise of spiritual freedom, that soul is destined to experience the boomarang effect of that cruelty. It is law!

    Dave, you have hypnotized yourself into thinking that somehow you are special. When your dream throne, dream guilded cage and dream worshippers all fade away as all things must;

    you will be left with only your eroded conscience of memories of pain. Much like that scene in Richard The Third where Richard finally realises who and what he’s been. The darkness overcame him as he went mad.

    Then you will be a pitiful creature, a man walking the streets of some future life mumbling to shadows of long forgotten transgressions.

  31. Your humble servant

    A great analysis, Marty, thanks. I agree that the decision shows quite clearly that if the case had been conducted more skillfully from the outset the result would have been different. The court’s decision really does show several avenues to successfully approach the severe abuses that have been inflicted by the current, corporate church.

  32. Marc and Claire are heroes for humanity, having fought a valiant fight. It is unfortunate that we did not yet have a law team established as the Co$ has. Even the judge pointed out that it was the legal context that determined the verdict more than the damning evidence of human rights violations.

    Thanks to Marc and Clair, the Church’s human rights abuses are on permanent, public record.

    Yes, we win. Yes, we do!

    Nancy

    • Nancy,
      The outcome is yet another nail in the coffin. The Church of Scientology is DEAD_DEAD_DEAD! (Ii.e. there certainly is no life left in it) The memorial service needs to be scheduled and the coffin needs to be lowered.

      And found near the grave is a piece of cow poop with the following engraved on it…”Here lies a very short feckless peckerhead”.

      • I’m going to call him that in all my posts from now on. Maybe if we all do, googling “David Miscavige” will bring up “feckless peckerhead” in the top results. It’s a fun thought, anyway.

  33. Firstly, its a pity they played a bad… but its great the judge was almost apologetic about having his hands tied on the legal issue. Next time may be a very different story.

    Secondly, and I cant over estimate the potential gains in knowledge and ability to evaluate you can get from this perspective in these videos, I was directed to some videos of a man Phil Spickler, who was around during the early 50′s right up to the 80′s and shows a profound love and respect of LRH during the time period of when Scientology was really purely a helping endeavour.

    I emplore you to watch these videos as a time capsule. And you WILL feel their impact. This is scientology. This is why we will win. We are free to be good, and caring and open. And that responsibility is more powerful than anything DM will allow to occur, or that he is able to understand and BE himself. I pity the fool.

    I can imagine if people came back to the church these days after being away since the mid 60′s, it would be almost unrecognisable in terms of its humanity and operating basis. If you had a hunch about things being vastly different, well maybe I should say welcome back! and enjoy this walk down memory lane.

    Firstly:

    Secondly:

    And lastly, a look at his deep affinity for Ron and his profound loss in the changes that took place:

    • Martin, thank you for sharing those videos. The last one broke my heart.

      Nancy

      • I love that “mens

        I have posted his vids a time ago on ESMB. Look for the vids posted bij AnonKat. I took it upon me to be some kind of conduate for these video’s posted on Youtube and other places. Not all vids I posted will be “Theta”in your eyes.

        My Advice: Keep What Works and Throw out what holds you back

        Cat Daddy

        • Yes, its a pity it came across so disjointed.
          Thanks for your advice on what I may consider valuable data, and on the ability to accept or reject a datum, I already think for myself, but I appreciate the heads up on doing that.
          He clearly states he uses Dianetics only. Therefore didnt use the “help” techniques, I hazard a guess on that, but its good for a comparative in some way.

          This one is good too:

      • :) Yes, its heart wrenching.
        Such a huge contrast with todays organisation…

  34. Dave, like Barak and Eric, are incapable of grasping the concept of Fair Exchange, let alone Exchange in Abundance. To them, EVERYONE in their environment is in a dog-eat-dog frame of mind, out to Rip-Off the other guy.

    The US 9th Circuit Court is the most ‘liberal’ in the Nation. It aligns with the Chicago thug mentality of the Washington DC Administration.

    When the thug Administration leaves Washington, the USA will recover its Constitutional civil liberties. Similarly, upon the departure of David, the subject of the real deal Scientology can expect a resurgence equal to that of its decline over the past 30 years.

    It was not by accident that LRH safepointed International Scientology in the USA.

    The peas in a pod, those birds of a feather, are about to show their true colors. Metaphors anyone?

    • Michael Fairman

      Three Feet Back
      If the present “thug administration” leaves Washington, it will be replaced by a super duper thug administration, figure-headed by a robotic puppet, who will be run by the .0000085% of billionaires in the country. And guided by the drug-addled and hate filled ideology of a clown talk-show host, his legion of imitators and the tea party fruit cakes. And if the Senate falls to the new thugs along with the House,, you’ll witness a dog-eat-dog reality that’ll jack your TA to the stratosphere. You better make you millions now because if the new thugs take over you will be shit out of luck.

      • …tea party fruit cakes.

        Wish we didn’t have to go down that road on this blog, but that remark crosses the line. I’m one of those “tea party fruit cakes” you spoke of, and I make no apologies for it. All we want is for the nation to get back On Policy, i.e., the US Constitution, the Bill of Rights, and the core purposes expressed in the Declaration of Independence.

        That is all.

        • Not unlike what we in the Independent Scientology movement are trying to achieve with regards to the corrupt church.

          • Li'll bit of stuff

            Ronnie & Max, while I wish, like you, that there stood
            a positiveness in the “tea party/fruit cake ” concept, from my own experience, right here in South Africa, the “heads”
            of these erstwhile “constitution managers” are, themselves,
            caught up in the quagmire of ever shifting “fresh blood”
            ideals, at the same time, apparently oblivious of the covert
            manipulation to which Michael and Marty were referring.
            The ominous warnings by Michael, should be heeded,
            simply from the standpoint of preparedness, if nothing else.

        • martyrathbun09

          But the “thug administration”, which was equated with liberals was ok? “Fruit cake” is mild compared to “thug” in my opinion. Amazing how Michael gets jumped by two people when the first statement was a vitriolic politically as the second.

          • Marty, there is a good reason why Michael is being “jumped”. And I think I explained it.

          • I didn’t “jump” Michael. I said that his remark about the Tea Party was over the line. I don’t think that was making him wrong, or demeaning him in any way. I merely set the record straight about what the Tea Party actually stands for.

            As far as threefeetback’s “thug” comment in regards to the present administration, all I can say is that they’ve used brute force to implement changes which run counter to America’s founding charter, and this nation’s core agreements. It’s what sparked the birth of the Tea Party to begin with.

            • martyrathbun09

              Ugh

              • The “thug administration” has been in power for many years. The thugs in power at any time may call themselves Democrat or Republican. They appear to fight among themselves, but they are really two heads of the same Hydra, which attacks the freedom of every individual, and eats out our substance of

                • Sorry, accidentally hit the Post button.

                  The conflict is really Freedom vs. Tyranny. Notice how the hidden puppetmasters get us to fight among ourselves, instead of turning to face them, the true enemy.

                  All are encouraged to look beneath the surface differences and notice that, regardless of which Demopublican is in office, freedom and prosperity have been steadily reduced for many many years.

            • I think you’ve been getting too much of your data from Rush Limbaugh and Fox News. Try the Daily Show for a while, just to be Fair and Balanced.

      • Michael,
        It’s one thing to be passionate about your political views, and quite another to aim what appears to be a highly unattractive tone level towards someone who disagrees with your views. Especially, if it’s a person of good will. It can’t be doing you much good to react that way.

    • threefeetback,
      I’m a Tea Party “fruit cake” and appreciate you telling it like it is :)

      • Michael Fairman

        Three Feet Back, Max and Ronnie
        If you’re going to bring a political point of view onto this blog, one that compares President Obama to David Miscavige and one that accuses the present administration of undermining the Constitution and our civili liberties, then expect to get hammered by me. Because I feel as passionately about my point of view as you do about yours. You call Obama and Holder “thugs”, than I call Bachman, her tea party caucus, the tea party “birthers” and those tea party demonstrators who carried signs likening Obama to Hitler, fruitcakes. I know very well what the Tea Party stands for – compromise on nothing. . It has brought the House of Representatives to a screeching halt, and the Senate incapable of governance. Yes the Democrats are weak-kneed and spineless, but many in the Tea Part are fruitcakes.

    • Richard Nixon raided DC in 1956, and Kennedy raided DC in 1962. The raid in 1977 was on Carter’s watch, and the IRS recognized Scientology on Clinton’s watch. It does not matter who is in the White House as far Scientology is concerned. What does matter is that Miscavige is still in Hemet.

      • Agreed. I have no great wish to stifle people’s communication, but I wish that politics (particularly of the name-calling variety) would not be brought to this blog.

        • I support Obama for President for many reasons. If Congress were not so bi-partisan, maybe things would be better and improving faster. That is where the problem lies. I don’t pretend to understand the Tea Party movement. I support the Constitution, including the checks and balances provided by the three branches of government, as do all Americans. The Tea Party doesn’t own this.

  35. Michael Wayne II

    I think David Miscavige is a short little creepy troll that wants nothing more than his ‘Parishioners’ hard earned dollars – before he ‘Blows’ to some safe haven country…With BILLIONS of dollars of ill gotten gains.

  36. Barry Van Sickle

    Marty is incorrect about the intial lawsuit, and who made the decision to narrow the case to a human trafficking case.. The decsion to place all the eggs in the human trafficking basket was made by the Metzger firm over my objection. The intial lawsuit was filed 4 years after Marc Headley escaped. That created statute of limitation problems for most potential causes of action. Given the 4 year period between escape and lawsuit, the initial case was focused on Business & Profession Code 17200 and labor law violations. The Human Trafficking claims were added later. Also, the decisions to drop the labor claims and not challenge that the Headleys were ‘ministers” were , in my opinion, mistakes , made after I was forced out of the case. I read this blog regularly and have much respect for Marty, but he has his facts wrong on how this case became a human trafficking case and the “minister exception” issue was essentially conceded.

    • martyrathbun09

      I’ll fix the post Barry. You should know that from the moment I received the suit – long after it had been filed – I noted the ballyhoo’d labor violation and forced labor claims would be nixed by the Alamo case precedent (since strengthened with the ministerial exemption line of cases). My advice from the get-go was to go hard to the basket with the plethora of torts committed since the Headley’s left, all very provable and clearly within the statute of limitations. Or maybe you don’t know that – because I relayed that and never spoke to you for another year or so.

    • If I am not mistaken, as part of the Church/IRS settlement, the IRS only exempts certain Church executives and technical staff (Auditors/CSes) from paying social security as exempt ministers. So, it would seem to open the door to all other categories of other former Church staff to challenge being labelled as ministers, as functionally the Church and IRS agree they are not, regardless of any ordination they may have received at any prior time.

  37. Courtcases against Scientology Inc. are not always won, but they give great media coverage. And that, in the end, might even be more important.

  38. Cough cough. David Miscavige has karma. He may have won a battle but for real…….he has lost a war. Throw him a carrot. Let him live another day as more and more people find out who he really is and what he has been doing. Yes, this little bit of hope on such a small win may give him one night’s sleep and nourish him enough to go forward into all of the motivator flows he has set up for himself. What he clings to as a victory the rest of us can only view and a synthetic ray of hope that keeps him trapped to experience more torture with the truth. With all of Scientology at his disposal he could not rise above his urges for sadism, cruelty, and his urge to suppress. He is beyond help. Give him this “win”. Bring him in a little further to the edge. Give him hope, to be destroyed as he has done to so many others. Like a few drops of water to dying man. What the hell, throw him a bone. He is not rising up. He is found out. He must be starved for attention and applause. Throw him a bone. Let him chew it.

  39. The Headleys are heroes just for doing something about it. Its sounds like a pyrrhic victory for the RCS – they lose face, bad PR, cost them money and time. The Headleys stood up for what is right. They stood up for others. The bottom line in a judgment is not always the line that counts the most.

  40. Barry Van Sickle

    The initial demand letter in the Headley case had three claimants. The demand letter was a 30 day notice under the Private Attorneys General Act of 2004 (‘PAGA”), which authorizes representative claims for labor law violations. The essence of the claim was that the claimants and typical Sea Org workers were “employees” not “volunteers” or “ministers”. There was good authority for that position, although there was room for disagreement.. If SO members were essentially working for a living, which they were, they would be entitled to minimum wage.
    Scientology reacted by putting family pressure on two of the claimants. They withdrew. That left the case without a named plaintiff who would satisfy the statute of limitations under California labor law and PAGA. The Complaint was redrafted to take advantage of the longer statute of limitations available under the Business & Professions Code for labor law violations.
    At the time, there was no one actively litigating against Scientology and Marty Rathbun and Mike Rinder were relatively quiet. I had won a three month jury trial against Scientology and had worked on the Wollersheim appeal. I knew what to expect from Scientology. I am somewhat surprised by the judicial hostility to theses cases.
    The Wollersheim verdict was based on a claim of intentional infliction of severe emotional distress. Marc Headley was assaulted by DM—many years ago with no known long term injury. Yes, there are other potential legal theories that can be used against Scientology . That is not news or new law in this decision. But, each available theory has its own set of problems, issues and staute of limitations.
    Contrary to what Marty claims, this case was not lost because it was started incorrectly. It was lost because the federal courts involved do not find that the coercion used to keep SO members working rises to the level of coercion needed to support a claim for Human Trafficking. Different courts could have reasonably found to the contrary given the wording and intent of the statute.

  41. Firstly, I would like to commend the Hedley’s courage and tenacity. Their willingness to confront and tackle this evil little prick is admirable. Their willingness to tackle the legal system which seems to operate on, “he who has the most lawyers wins,” is equally commendable.

    I keep thinking about Erin Brockovich.

    The the toxic waste keeps pouring out of miscavige’s so-called “church” just as it pours out of miscavige’s foul mouth. At some point, some tenaciious vigilante will connect with the right law firm and they will slice into the middle of the fraudlent misrepresentation being perpetrated by miscavige and the boards of directors of the various “churches of scientology.”

    The ONLY reason the church still has money left to fight is because the Tech actually does work and miscavige still has numerous people conned into believing that HE is the sole owner and purveyor of that Tech.

    More and more people every day are becoming aware of the fact that miscavige has FALSE STATS; that he’s a vicious little creep; that his tech atlerations are actually implant techniques; that he beats his staff; that his actions are evidence of his intentions.

    I believe that at some point, in the very near future, the gross violations of the Creed and the the Codes will lead some court somewhere into recognizing that david miscavige has no ecclesiastical protection because he is fradulently representing his actions as being a part of the scriptures of the “church.” The co-terminal assertions will be laid out meticulously so that any layman (12 jurors) and any judge will see clearly that miscavige and the remaining board members are NOT practicing “scientology.”
    At this point, their human rights abuses, tax evasion, assault, torture etc. will be open to criminal prosecution. Not just their so-called “church” but they, themselves as individuals, will be criminally culpable.

    More and more people are waking up daily. Tech is going in better and better. Thousands are now practicing the Tech in an environment of freedom and liberty. We keep delivering and waking people up and all the pieces will fall into place.

    No problem.

    Les

    • Using the concept of free life force, theta, and the concept of erasing or removing suppression, one would conclude that for the most part, the pieces will indeed fall into place for a vast resurgence. The hope, void, vacuum, need and DEMAND FOR CHANGE can be filled with LRH solutions, not Barak’s crap.

    • May your vision come true !!!

    • Less,
      Thanks – your post is inspiring. I wish we had an Indies News mag that would list the completions in our field which would be in inspiration to all us. Perhaps a job for Stacy Young (former editor of Freedom Mag).
      I would volunteer for the Treasury jobs. I’m just about ready to post my name etc.

  42. Applause and kudos to the brave Headleys. To any reasonable observer, Scientology Inc’s “victory” can only be viewed as something “they got away with.” They will not be viewed as having clean hands. Instead they will be seen as having dodged a well-deserved bullet.

  43. It is important to note something about what the 9th Circuit did suggest would be colorable claims against the Corporate CofS:

    “Likewise, we do not decide how the Headleys might have
    fared under a different statute or on other legal theories. The
    Headleys abandoned claims under federal and state minimum
    wage laws. And although the Headleys marshaled evidence of
    potentially tortious conduct, they did not bring claims for
    assault, battery, false imprisonment, intentional infliction of
    emotional distress, or any of a number of other theories that
    might have better fit the evidence.”

    What is important to note is that these claims … assault, battery, false imprisonment and, in particular, intentional infliction of emotional distress … could be brought by NON-staff, NON-Sea Org “parishioners” of the “Church of Scientology”. To, knowingly and intentionally, pervert LRH’s processes for the purpose of enturbulating you, stealing your money, and subjecting you to mind control fits ALL of these categories of Tort.

    Make no mistake about it, there are a myriad of solid legal remedies available to dis-enfranchised, or declared, Scientologists. What has stopped most such people — in my observation — is not the merit of their case, but, as usual in legal matters, guts and money.

    Guts and money. The Plaintiff must have the guts to see it through. The lawyers have to get paid to see it through … the very best lawyer in the world is NOT the lawyer who works to “defend principle”. The very best lawyer in the world is the one who receives a guaranteed handsome exchange for her or his work. In the future, the Corporate “Church of Scientology” can be beaten — no question about it. It will just take money.

  44. Hi Marty,
    I just finished your book and really liked it. Especially the last few chapters.
    I really liked the way you used common sense to address all of the issues engulfing most people connected to the “church”. It blew a lot of charge and was very calming as others have mentioned.
    I did have one question though, In your OT levels chapter you talk about LRH having only researched and fully written up Levels up to OT8.
    Isn’t there an LRH issue called From Clear to Eternity where he talks about higher OT levels above 8?
    Regardless, I believe that there isn’t anything issued or deliverable above 8.
    What got me really intersted in Scientology in the first place was the idea of being able to be exterior of the body and a lot of very interesting phenomena.
    Some of that is acheivable and I believe that some is only theortetical for now at least.
    I am happy with auditing if it helps me to rise a little higher in life. If anything extraordinary happens then that is just icing on the cake.
    I loved the quotes from the Tao also.

    • Email me privately if you would like some first hand info on the original OT levels (if you haven’t already done them.) I believe that LRH has already provided what many folks are looking for. It’s already written up. Good C/Ss are ready to deliver..
      Les

      • LDW, Tony’s specifically asked about Ron Hubbard-authored OT levels about VIII. Are you claiming to have access to such with the above? If so, what is their exact source, please ?

        Michael A. Hobson
        Independent Scientologist

        • No. I’m talking about the LRH authored OT levels that were used in the church from around 1967 to 1982 with some incredible wins. In my opinion, they are utterly invaluable. Their EPs are in the little green Scientology 0-8 which miscavige odered to be burned.
          Les

    • tonydephillips & Mike Hobson,
      I think you may find it interesting: http://tinyurl.com/cvx4gt5

      • martyrathbun09

        Warning – it leads you into an abyss no less insidious than Miscavige’s.

        • Hi Marty,
          Been busy on an art project and am catching up on the blog. When I got to this link I was surprised it was to Pierre Ethier’s site…that was a pretty strong warning. I don’t get it. I thought Pierre was a Class XII auditor and had heard wins from his auditing. I guess I have not been on the blog long enough to know what this is about. Why your warning/concern? Is there a blog subject that covered this in the past you could refer me to? Thanks.

  45. Please also note who the lawyers were … the first two are for the Headleys. The next … six … are for the Corporate “Church”.

    Everyone is entited to representation. And, lawyers who work for scum are entitled to get a reputation for working with scum, as such lawyers, inevitably, take on the ‘color’ of their scummy clients. It would be well to remember these law firms and lawyers’ names for future reference and investigation:

    “Kathryn Saldana, Metzger Law Group, Long Beach, California, argued the cause and filed the briefs for the plaintiffs-appellants.
    “With her on the briefs was Raphael Metzger, Metzger Law Group, Long Beach, California.

    “Eric M. Lieberman, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York, NY, argued the cause and filed the brief for the defendants-appellees.
    “With him on the brief were Bert H. Deixler, Kendall, Brill & Klieger LLP, Los Angeles, California;
    “Harold M. Brody and G. Samuel Cleaver, Proskauer Rose LLP, Los Angeles, California; and
    “Robert E. Mangels and Matthew D. Hinks, Jeffer Mangels
    Butler & Mitchell LLP, Los Angeles, California.”

    • From an article posted by the American Bar Association, because it says it better than I could:

      “Attorneys are morally and ethically obligated to take on difficult cases and clients exactly because the willingness to do so is fundamental to the integrity of our judicial system. Our democratic society depends upon the rule of law, which is itself based upon an effective and fair judicial system. Lawyers play a vital role in ensuring that the rule of law is followed and the system of justice, fair. If lawyers refuse to participate actively in that judicial system, or to participate only with those cases or clients they personally support, the entire system falls at risk.” and

      “In fact, at least one court has determined that the failure to represent a client can, under certain circumstances, constitute unlawful discrimination. In Nathanson v. Commonwealth of Massachusetts, 2003 WL 22480688 ( Mass. Super. Ct. 2003), the Massachusetts Superior Court upheld a decision by the state Commission Against Discrimination in an unlawful gender discrimination case. The court found that a female attorney had discriminated by declining to represent a male client in a divorce action. The attorney argued that her commitment to representing women in divorce proceedings precluded her from advocating zealously on behalf of men, but the court rejected her attempt to cloak discrimination in the canons of legal ethics.” (Link to cite: http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/repugnantclients.html)

      Based on my reading, I think it’s possible (likely?) that Lieberman plays the legal game a bit more zealously than his ethical obligations might require, and if that is in fact true I would agree with your comment. The L.A. lawyers I’m inclined to think don’t know the extent of their client’s issues, esp. given how it’s only of late that Scientology is garnering more and more attention in the news, on blogs, etc. Maybe someone here knows the L.A. lawyers personally or their role and could provide some insight?

      IMO, plaintiff’s counsel is the issue here–they didn’t advance causes of action that were likely to be successful. Metzger law firm has a rep for toxic tort litigation, not human rights abuses. They were in over their heads before they started. I’d love to hear more from Mr. Van Sickle (or anyone with knowledge) about the other causes of action, specifically torts that occurred after the Headleys left the church but before the statute of limitations ran out.

      • I do not give two fucks what the American Bar Association says.

        “Attorneys are morally and ethically obligated to take on difficult cases and clients..”

        An attorney took on the kid that walked into a movie theater and shot several people who’s only crime was buying a theater ticket. How moral and ethical is that? They have mortgages to pay too and their entire industry would collapse if there was no crime or conflict starting tomorrow. They thrive and prosper on misery and conflict. They base their careers on crime conflict and abuse.

        Fuck the American Bar Association. They all profit off of other people’s misery. Vultures in every meaning of the word. Laying in wait for a dead or dying body with change still sitting in the pocket. How has that profession made a better world and bought justice for the Headley’s? Six and more strutted into the courtroom and made a win for David Miscavige. And he used Church donations to wipe his ass. It was personal, he hid behind the Church umbrella, as usual, to cover his legal costs of abusing people. He is very high maintenance. A real fuckin Diva.

        HE did not PAY. He lives a very cushy existence. The Headleys paid with blood sweat and tears and years. The members of the Church paid. David’s “win” in this is an overt product.

        A member of the Church of Scientology now, is someone who will step up to cover David’s ass and his legal bills. New definition of “What is a Scientologist”.

        And I am, suppressive because it ain’t me babe.

  46. fcdcclassof74

    Great write up of the courage the Headleys have shown in this ordeal. With more parishioners coming out it would be just to see the people outside use the same tactics Dave’s Evil Empire have used such as numerous tort suits, video survaillence and a heightened comm link to media with the crap his feckleness has practiced. I’m not saying OSA hijinks but the thingd necessary to bring about truth for everyone to see. ARC Bill

  47. “Feckleness”! Folks, it’s a movement! (Apologies to Arlo Guthrie.)

  48. The 9th Jerk-it Court of Schlemiels strike again!

  49. Did you Scientoligists ever realize that Anons without much MEST broke down the fear of the Church of Sientology ?

    https://whyweprotest.net/community/

    Well we still need a itty bitty MEST.

    Whore of Anon

    Cat Daddy

  50. Barry Van Sickle

    Marty,
    My last comment has been under moderation for a long time. This suggets to me that there is something in it that is bothering someone. That was written and submitted before I saw the ” Update”. Please delete that if you wish. No offense will be taken, and no questions asked.

    Of course, I was aware of other potential tort remedies including intentional infliction of emotional distress, false imprisonment , and assault. I have litigated and tried these cases to a jury. For several reasons, both legal and practical, these claims, including emotional distress claims in particular, are difficult claims to pursue against Corporate Scientolgy. That claim opens discovery to many things private, requires expensive expert testimony and requires severe emotional distress—not just upset, stress, or bursts of hopelessness. Not every ex-SO will have that degree of emotional distress. Further, the stress causing conduct will be met with the usual ” religious practice” defense.

    Since the usual tort claims are frequently problematic when employed against Scientology, the early goal in the Headley case was to find a simpler and more direct path to a win. I did not want a repeat of Wollersheim.The labor laws seemed to provide the simpler and different approach I was looking for. I still think the labor law theory has promise if pursued in the right case. Of course , I could be wrong and I am pretty sure you disagree. So be it.
    .
    Your comment on post-departure torts is somewhat surprisingto me. There may have been torts of invasion of privacy and interference with prospective advantage, however, they would not have been easy to prove and the damages caused by those torts would have been relatively small.

    For better or worse, the goal was to change the way the cult worked and paid SO members, and get people compensated at least for minimum wage. The result was disappointing, at least in the short run, but if I had not brought that case I am 99% sure that the case would not have been prosecuted.

    • martyrathbun09

      I am actually going to post both of your comments. I was contemplating a post on the first one – but this second one makes it more certain. Barry, the reason Scientology Inc has used you as a pinata nearly your entire adult life lies in Einstein’s definition of insanity; or L. Ron Hubbard’s definition of the computation.

    • I think Marty’s blog works with a double queue system, both queues handled as batch processing.

      The first queue is batch processed by moderators, people who are helping Marty (thanks to the internet, they may be all over the world, so the system works 24/7). S/he does the batch processing every e.g. 15 or 30 or etc minutes. Everything which is controversial or may need Marty’s answer goes to the second queue.

      The second queue is batch processed by Marty. Obviously, I don’t expect Marty to check the 2nd queue as soon as every 30 minutes. He is doing a lot of cycles, and from time to time he checks the 2nd queue. That’s why some comments may be under moderation for a long time.

      Thank you Marty, Mosey, moderators, and other helpers for doing this blog possible.

  51. The confusion permeating, saturating, soaking, the distinctions between 1st Amendment “religion clauses” and “ministerial exception” are driving me nuts. This is isn’t aimed at anyone anymore than a fire hydrant is, but such misuses of terms, and such minusnderstandings, of terms which DO have legal foundation are thrown around and pretty soon even judges are confused into thinking that “ministerial exception” means that “a minister of a religious organization can do anything he pleases short of murder just as long as The Faithful agreed to it all”.

    Maybe all this goes back to all the regrettable incidents surrounding the history of Christianity and Islam, and the crucifixions and lion-feedings and crusades and jihands and infidels and witches and flagellants and monks and nuns and hair on the palms of your hands and the plague and the reformation, the inquisition, and, and, and ….

    I truly wish someone would clarify the SIMPLE differences between:
    Free Exercise (you can believe the Earth is your Mother if it makes you happy)
    Ministerial exception (to the Civil Rights Act)
    Tort
    Generally applicable law.

    Then maybe we can get some lawyers who don’t go running around charging hundreds of bucks an hour to dream “happy dreams” about Arguing First Amendment Rights Before The Supreme Court, when all they gotta do is say: “Hey your Honor, this guy here, my client, was hit, thrown to the ground, imprisoned against his will in life-threatening conditions, fed a starvation diet, deprived of sleep, hit some more, and when he tried to escape they tracked him down like a pack of self-appointed vigilantes with dogs because they were scared to death he would expose their criminal acts to the police!”

    Ministerial privilege – the right to sanctity of confessionl
    Ministerial exemption – use of an automobile exempt from taxes
    Ministerial exception – you can discriminate based on race, creed, color, religion, etc. etc.

    [Some] lawyers get into this fantasy world that religious organizations and their employess can still go charging around picking up random people off the streets and burn them as witches and that is FALSE. The facts are that you can throw the proverbial book at these religious organizations – just as long as it isn’t the Holy Bible. You can’t throw the Holy Bible in court. Everything else, you can (well, pretty much, as many lawsuits have shown, even hot coffee, blood spatter, semen stains, beds, bricks, you name it). But no throwing the Holy Bible. If you throw that, the judge throws you. Very simple math.

  52. Barry Van Sickle

    Marty,
    I have for many years held the opinion that the place to beat Scientology Inc. is in the court of public opinion. The legal system is less effective in this battle than blogs like yours and appropriate media coverage. I believe that you have expressed this view many times. I also agree with you that Scientology , Inc is dead.
    Still , there is a role for the legal sytem to play when former cult members want help…I take my shots.

    • Mr. Van Sickle,

      Excuse me for butting in, but there is also a role for legal professional and the legal system in the future of Scientology. It is my perception and belief that there is a need for a loosely unifying structure which would allow individuals to ‘practice their faith’ completely undisturbed by those who place destruction high on their list of priorities. Ideally, Scientology could be preserved not just a science of mind for those who see its benefits, but also as a religious faith such that independent churches, however small, could benefit from Constitutional rights, and not devolve into paying malpractice insurance.

      Carcha.

    • Mr van Sickle – thanks for the data. I practice law in South Africa and fully understand what you are saying. Your uphill battle started with the pressure from Scn Inc on two of the plaintiffs/claimants who withdrew, so the playing fields were not level from an early stage. You are right too about the best chance of winning the battle being fought in the court of public opinion, and it is happening. Six months ago I would have donated money to see you defeated – now I see the truth (and that is only because people have spoken out) and I applaud your efforts. The tide is turning, but one has to keep up the pressure on all fronts for the truth to come out and for things to right themselves. South Africa is a country in point, but we would not have gotten here without the push on every front – the judiciary woke up early, the politicians a bit later. Lenin (I think it was him – varisty days are a distant past) said ‘Law is Politics”, and thats the part of the problem – as lawyers we cannot merely argue what we think is right, because we (and the judiciary) are bound by the framework of the legislation. Justice cannot be gotten without proper laws, and proper laws cannot be drafted without the backing of rightminded public opinion, and rightminded public opinion sees the light of day when the truth is revealed. The Headley case is a step in that direction. Thank you for your efforts – they are appreciated! Wendy Munro.

      • Li'll bit of stuff

        Ah, Wendy, so good to see the credentials appearing!
        and good to see that you have shaken off the effects
        of the deadly disease, “Miscavigeoholism.” I’m sure
        you will agree, it’s not easy when one is among other
        “drinkers” who just can’t stand seeing an “empty glass.”
        if you will pardon all the satirical puns?

        Marty’s coined phrase “decompression” so graphically
        described in his ‘Truth Rundown ‘ tell all video, makes
        the experience very believable for anyone with a pair
        of ears and eyes. It really does take a lot of effort to
        re-examine accepted beliefs and ways of life,deemed
        as “written in stone” !

        The enormous self correcting capacity of Ron Hubbard’s
        genius creation — Scientology, permits one to do exactly
        that!—Alter virtually ANY belief or ideal through the
        technology of Auditing, permitting a being to examine
        precepts and beliefs and evaluate and compare these
        using INFINITY valued logic, as compared to the now
        extinct dinosaur logic, used by homo-sapiens ie ;
        2 – valued logic, or later 3 – valued logic. (see entry on
        p.209 – original tech dictionary.)

        I must say, it is very encouraging to see a number of
        South Africans now taking off those frigging heavy
        masks, and stepping out into the sunshine!
        So very liberating AND empowering, in every single
        sense of the word.

        Calvin B. Duffield.Durban
        Declaration. Mothers Day 12/13 May
        Steve Hall’s Indie 500 list no # 301

  53. When Hubbard was on the lines, if someone had an ARCX with the Church, a staff member was sent to audit to them or clean it up. Today, if someone has an ARCX with the Church, first they get declared, then they have to appeal to a court of law to address the damages. This more or less sums up the decline of the Church of Scientology.

  54. In my opinion, this is the right decision. “Human Trafficking” is people kidnapping kids and forcing them to give blow jobs to old men on pain of death or dismembership. It was the wrong tack to take – oh well.

  55. Barry Van Sickle

    The public perception of human trafficking is about sex and/or third world peons. The law is much broader than public perception. It includes a section on forcing labor by coercion–both physical and mental.

  56. Marc and Claire Headley, I admire you and your beautiful family.

  57. “The ministerial exception is a de-facto law of the United States intended to protect the freedom of religion that exempts religious institutions from anti-discrimination laws in hiring employees. For example, the US government cannot force the Catholic church to hire homosexual or female priests.[1]

    “It is the focus of the DeMarco v. Holy Cross High School and Hosanna-Tabor v. EEOC court cases.”

    http://en.wikipedia.org/wiki/Ministerial_exception

    IMO, the ministerial exception had NO SUBSTANTIVE BASIS in the Headley case. It is simply evidence of the gross misunderstandings revolving around this “issue” that the phrase came up at all. The “ministerial exception” has NOTHING to do with the way a religious organization TREATS its employees once they are employed; it deals ONLY with the right of a religious organization to hire OR FIRE based on their views of the world. I have read that the State courts hate the Federal Courts, because the State courts are accustomed to the earlier laws requiring a State to DEMONSTRATE that there is NO DISCRIMINATION to any religious organization in the drafting or application of laws. States (and probably some Federal courts) WRONGLY attempt to roll back the law of the land to those days, using “ministerial exception” as a homonymic excuse. Liberals love homonyms and rhymes, because they’re so stupid they think it makes them sound smart.”Morons” should be established as a legitimate, regressive, most rapidly growing religion. I think I just broke my keyboard. Read Employment Division v. Smith – that case was NOT the Sunday Funnies to use as a colorful addition to the birdcage, you know? Christ, this is harder than convincing someone who’s read Leibnitz that the material universe exists.

  58. For any still confused by words, this is an example of ministerial privilege, the protected communications between a priest-penitent extended to include pyschologist-patient. This was an issue in the Menendez murder case, also.

    http://www.guardian.co.uk/world/2012/jul/27/james-holmes-being-treated-psychiatrist

  59. I have just published a fairly extensive piece on the appeal court ruling at Infinite Complacency, built around an analysis by the lawyer who filed the original lawsuits, Barry Van Sickle:

    “The U.S. Appeal court’s rejection of the Headley lawsuits against Scientology is not carte blanche for future abuse, says the attorney who filed the original complaints: but the judgment still got it wrong, he argues.”

    It is much longer than I usually post and perhaps not the easiest read, but I thought it was worth exploring the issues in detail so as to take advantage of Van Sickle’s informed opinions.

    http://infinitecomplacency.blogspot.com/2012/08/reviewing-headley-ruling.html?utm_source=BP_recent

    Jonny Jacobsen
    Infinite Complacency

  60. Pingback: The $43,0000 Bounty | Moving On Up a Little Higher

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s