Date: Fri, 22 Oct 1999 21:20:30 +0200 (CEST)
Message-ID: <199910221920.VAA02669@sofuku.monster.org>
The defenses laid out by Scientology are towards the end of
this document filed on 10-15-99. There are a few interesting
tidbits before the defenses but you have to have patience. All
Scientologists, especially those who have claimed to be Lisa's
friend, should be ashamed of the so called leaders of
Scientology who instructed their attorneys to prepare the lies
herein.
The criminal organization claims that being tortured to death
was part of Lisa McPherson's "deeply-held religious beliefs."
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
GENERAL CIVIL DIVISION
ESTATE OF LISA McPHERSON, by and through the Personal
Representative, DELL LIEBREICH,
Plaintiff,
V. CASE NO.:97-01235
DIVISION: "H"
CHURCH OF SCIENTOLOGY FLAG
SERVICE ORGANIZATION,
JANIS JOHNSON, ALAIN KARTUZINSKI;
and DAVID HOUGHTON,
Defendants.
CHURCH OF SCIENTOLOGY FLAG SERVICE
ORGANIZATION'S ANSWER AND DEFENSES
TO THE FOURTH AMENDED COMPLAINT
Defendant, Church of Scientology Flag Service Organization (the
"Church"), by its undersigned attorneys, answers the
correspondingly numbered paragraphs of the Fourth Amended
complaint as follows:
GENERAL ALLEGATIONS
A. Denied.
1. Denied, except admitted that Lisa McPherson was a single
adult and was at all material times a resident of Clearwater,
Pinellas County, Florida.
2. Denied. Dell Liebreich's appointment was obtained by fraud
and constitutes a felony. Her appointment is invalid and she
has no standing to bring this action.
3. Denied, except admitted that the Church is a religious
organization incorporated under the laws of Florida and
engaging in religious activities in Clearwater, Florida. It is
also admitted that the Church holds title to the Ft. Harrison
religious retreat. By Order dated September 8, 1999, the Court
has stricken the following phrases from this paragraph of the
Fourth Amended Complaint: (a) it is part of the Church of
Scientology conglomerate of corporations and other collectively
as "SCIENTOLOGY or "CHURCH OF SCIENTOLOGY" and (b) science
fiction.
4. By Order dated September 8, 1999, the Court has stricken all
but the last sentence of paragraph 4. That sentence is denied,
except that it is admitted that pursuant to the religious
beliefs of Scientology, L. Ron Hubbard is the source of
Scientology and the Founder of the religion.
5. By Order dated September 8, 1999, the Court has stricken all
but the first sentence of paragraph 5. The first sentence of
paragraph 5 is denied except admitted that the religion of
Scientology includes writings on all eight dynamics which
encompass the study and handling of the spirit in relationship
to itself, universes and other life.
6. Denied.
7. By Order dated September 8, 1999, paragraph 7 was stricken
by the Court.
8. By Order dated September 8, 1999, paragraph 8 was stricken
by the Court.
9. Denied. The religion of Scientology includes in its
Scripture millions of words contained in tens of thousands of
pages of writings and spoken word on recorded lectures that
comprise the theology and practice of the religion.
10. Denied, except admitted that Lisa McPherson became a
practicing member of the Scientology religion at the able of
18. It is further admitted that Lisa McPherson at one time
dedicated herself to the religion's Sea Org fraternal order and
later abandoned that calling but continued as a parishioner of
the religion.
11. Denied.
12. Denied. further, punishment is not any part of the
Scientology religion and its theology concerning ethics
specifically rejects that concept.
13. Denied. PTS is a religious description of a spiritual
condition and the allegations in this paragraph misinterpret a
religious doctrine of Scientology.
14. Denied.
15. Denied.
16. Denied, except admitted that on November 18, 1995 Lisa
McPherson was transferred by ambulance to the Morton Plant
Hospital located in Clearwater, Florida, where she received a
medical and psychological evaluation in the emergency room.
17. Denied.
I8. Denied.
19. By Order dated September 8, 1999, the Court has
stricken that portion of the first sentence of paragraph 19
which states, "By acting erratic in public ... the paramedics
and Morton Plant Hospital. " The remaining portion of paragraph
19 is denied.
20. Denied.
21. Denied.
22. Denied.
23, By Order dated September 8, 1999, the Court has stricken
all except the last sentence of paragraph 23. The last sentence
is denied.
24. Denied.
25. Denied.
26. Denied.
27. Denied. "Scientology" is a religion, and not an entity.
Lisa McPherson at all times was engaged in a protected
religious activity.
28. Denied.
29. Denied.
30. Denied.
31. Denied.
32. Denied.
33. Denied
COUNT I
34. Denied, except admitted that this purports to be such an action.
35. The Church alleges it answers to paragraphs I through 33
as though fully set forth herein.
36. Denied.
37. Denied.
COUNT II
By Order dated September 28, 1999, Count II was dismissed and
was not timely amended by the Plaintiff.
COUNT III
43. Denied, except admitted that this purports to be such an action,
44. The Church alleges its answers to paragraphs I through 33
as though fully set forth herein.
45. Denied.
46. Denied.
47. Denied.
COUNT IV
48. Denied, except admitted that this purports to be such an action.
49. The Church alleges its answers to paragraphs I through 33
as though fully set forth herein.
50. Denied.
49[sic] Denied.
50[sic] Denied.
51. Denied.
52. Denied, furthermore, the Church alleges its answers to
paragraphs 41 through 49 as if My set forth herein.
53. Denied.
COUNT V
54. Denied, except admitted that this purports to be such an action.
55. The Church alleges its answers to paragraphs I through 33
as though fully set forth herein.
56. Denied.
57, Denied.
58. Denied.
59. Denied.
60. Denied, furthermore the Church alleges its answers to
paragraphs 41 through 49 as though fully set forth herein.
61. Denied.
COUNT VI
62. The Church alleges its answers to paragraphs I through 33 as
though fully set forth herein.
63. Denied.
64. Denied.
COUNT VII
By Order dated September 28, 1999, Count VII was dismissed and
was not timely amended by the Plaintiff
COUNT VIII
By Order dated September 28, 1999, Count VIE was dismissed and
the Plaintiff did not seek, and the Court did not grant, leave
to amend Count VIII.
FIRST DEFENSE
The Plaintiff has failed to state a cause of action for false
imprisonment or battery because Plaintiff's own allegations
negate these claims. The Plaintiff has alleged that the
injuries suffered in these counts resulted in death. As a
result, these counts merge with Plaintiff's wrongful death
count.
SECOND DEFENSE
The Plaintiff has failed to state a cause of action in Counts
IV and V for a violation of Chapter 400. The pleadings are
inherently false and from the plain facts of the case the
Plaintiff must have known the pleading to be untrue. The
Plaintiff seeks to hold the Church, as owner of the Fort
Harrison, a religious retreat, responsible for damages based on
statutory causes of action that can only be maintained,
respectively, against the licensee of a nursing home or an
assisted living facility. The Church is neither a nursing home
nor an assisted living facility.
THIRD DEFENSE
The Complaint fails to state a cause of action because it seeks
damages against the Church for acts that were undertaken
pursuant to certain individuals' and the Plaintiff's deeply
held religious beliefs. The Complaint seeks damages based upon
acts that constituted the exercise of religious practice. The
exercise of religious practice is protected activity under the
First Amendment to the United States Constitution and Florida's
Constitution and Florida's Religious Freedom Restoration Act
("RFRA"). Furthermore, the subject matter that the Plaintiff
seeks to adjudicate cannot be adjudicated by a court pursuant
to the First Amendment and RFRA.
FOURTH DEFENSE
Plaintiff did not exercise ordinary care, caution or prudence
for her welfare to avoid the happening of the alleged
incidents, injuries or damages, if any, and by this failure to
do so, Plaintiff thereby directly and proximately contributed
to, or was the sole cause of the alleged injuries, losses and
damages, if any.
FIFTH DEFENSE
Any recovery obtained by the Plaintiff herein, which is denied,
should be reduced, off set, or set off for any and ail
collateral source benefits received by or payable to Plaintiff.
SIXTH DEFENSE
The damages allegedly suffered by the Plaintiff were not caused
by any act or omissions to act on the part of the Church and
were caused by other trauma suffered by the Plaintiff wholly
unrelated to the Church.
SEVENTH DEFENSE
If the Church is found liable to the Plaintiff for damages
herein, which the Church denies, Plaintiff's damages must be
reduced by the amount attributable to Plaintiffs comparative
and relative fault,
EIGHTH DEFENSE
If the Church is subject to any liability to the Plaintiff,
which the Church denies, it will be due in whole or in part to
the acts, omissions, activities, carelessness, recklessness
and/or negligence of others, including Morton Plant Hospital
and its medical personnel. Therefore, any recovery obtained by
Plaintiff against the Church should be reduced in proportion to
the respective negligence and fault and legal responsibility of
all other parties, persons and entities, their agents, servants
and employees who contributed to and/or caused any such injury
and/or damages. In accordance with the laws of comparative
liability; the liability of the Church, if any, is limited in
direct proportion to the percentage of fault actually
attributed to the Church.
NINTH DEFENSE
The Plaintiffs injuries, if any, were the result of a
pre-existing injury, which was not diagnosed by the medical
personnel at Morton Plant Hospital and which was not aggravated
by the alleged incident herein. Alternatively, if any
pre-existing injury was aggravated by the alleged incident
herein, Plaintiff is only entitled to reimbursement for the
degree of aggravation, and any recovery obtained herein must be
reduced to the percentage of the aggravation which she
allegedly suffered as a result of this claimed incident.
TENTH DEFENSE
The Church maintains that it is not liable for all or any of
the allegations of Plaintiffs Complaint and at the time of
trial the names of all responsible persons or entities should
appear on the verdict form so that a jury can apportion
liability as required by Section 768.81(3), Florida Statutes.
SEVENTH DEFENSE
The Good Samaritan statute, Section 768.13, Florida Statutes,
provides the Church with complete or partial immunity to the
claims of the Plaintiff.
TWELFTH DEFENSE
The Church reasonably believed that, if taken, the actions
allegedly constituting battery and false imprisonment were
necessary to prevent the Plaintiff from being seriously
injured. Lisa McPherson had voluntarily entered the Church
facilities to engage in religious practice. The actions were
reasonable under the circumstances to protect the physical
safety and spiritual progress of Ms. McPherson, and the Church
did not have any intent to harm the health, safety, or welfare
of the Plaintiff, nor was any harm arm to her health, safety or
welfare reasonably foreseeable.
THIRTEENTH DEFENSE
Because of the conduct acts and omissions of Plaintiff,
Plaintiff has waived any claim to or is estopped from seeking
the damages alleged in the Complaint.
FOURTEENTH DEFENSE
The alleged actions of the Church did not constitute false
imprisonment or battery because the Plaintiff consented to
being cared for at the Fort Harrison in accordance with her
religious beliefs.
FIFTEENTH DEFENSE
Plaintiff lacks standing to bring this action, because her
appointment as personal representative was obtained through
fraud and commission of criminal acts.
SIXTEENTH DEFENSE
Plaintiff is entitled to no damages under the wrongful death
statute since the Complaint fails to identify any beneficiaries
as required by Section 768.2 1, Florida Statutes; Lisa
McPherson's sole "survivor" under the statute, her mother, has
died, thereby extinguishing any net accumulations damages under
Section 768.24, Florida Statutes; said sole survivor was not
entitled to lost "support and services" damages during her
lifetime, since Ms. McPherson did riot support her mother; and
the estate incurred no other statutory damages, such as medical
and funeral expenses, authorized by statute.
SEVENTEENTH DEFENSE
This action constitutes an abuse of process, in that it is
brought and prosecuted for the improper and collateral purpose
of attacking the Scientology religion.
EIGHTEENTH DEFENSE
The complaint fails to state a claim upon which relief may be
granted because Lisa McPherson executed several covenants not
to sue and releases for all potential damages in favor of the
Church.
NINETEENTH DEFENSE
Plaintiff s alleged injuries, if any, were the result of a
superseding, intervening cause.
Respectfully submitted,
Of Counsel:
ERIC M. LIEBERMAN MORRIS WEINBERG, JR.
Rabinowitz, Boudin, Standard, Florida Bar No. 0486401
Krinsky & Lieberman, P.C. LEE FUGATE
740 Broadway, 5' Floor Florida Bar No. 0 170928
New York, New York 10003 Zuckerman, Spaeder Taylor & Evans, LLP
Tel: 212-254-1111 401 E. Jackson Street, Suite, 2525
Fax: 212-674-4614 Tampa, Florida 33602
Tel: 813-221-1010
Fax: 813-223-7961
MICHAEL LEE HERTZBERG
740 Broadway, 5" Floor
New York, New York 10003
Tel: 212-982-9870
Fax: 212-674-4614
Attorneys for Defendant Church of Scientology
Flag Service Organization
From: anonymous@electra.lightlink.com
Subject: Re: Scientology's Defense to killing Lisa---Blame Lisa!
Date: 22 Oct 1999 20:27:37 -0400
Message-ID: <7uqvdp$4jc$1@adore.lightlink.com>
>What a bunch of whiners. Deny everything, admit nothing, provide nineteen
>separate excuses why they should not pay a cent for causing the death of
>one of their culties.
>
>My "favourite" excuse is ...
>
>>FIFTH DEFENSE
>>Any recovery obtained by the Plaintiff herein, which is denied, should be
>>reduced, off set, or set off for any and ail collateral source benefits
>>received by or payable to Plaintiff.
>
>She's dead, cult. Where are the benefits to being dead?
>
>Also where's the cult's "doctrine of exchange" here? Any "benefits"
>received while Lisa was alive were duly paid for, by Lisa. The cult
>should refund all monies which Lisa paid.
>
>Nick.
Dear Nick:
You just don't get it.
First of all, she was a blown sea borg member, so she
undoubtedly had a huge "Freeloader" debt for all those services
she took [or at least started] after signing an INVOICE for
them, deferred temporarily due to her then sea borg status.
Furthermore, she was undoubtedly being BILLED for all of the
EXTREMELY EXPENSIVE care they were giving her, including
kidnapping, the room they held her prisoner in, the guards who
tied her to the bed and watched to make sure she didn't escape,
the cooks who didn't prepare the food they weren't feeding her,
the case supervisors who were making sure that this was all
being done STANDARDLY, FOR HER OWN GOOD, ETCETERA!
*WHO* IS GOING TO PAY FOR ALL THAT SERVICE?
Furthermore, she had no permission to die, so that too was a
BLOW!
SHE WAS *OBVIOUSLY* OUT ETHICS!
By any sensible measure, SHE OWES THEM, and if the corrupt wog
courts are going to award her damages [which will probably
never be paid in any case], at least they can deduct their
services to her from the total.
I hope this explains it,
Konchok Penday
