We’re still stunned that one of the three big lawsuits filed against the Church of Scientology and its leader David Miscavige last year was suddenly dismissed, as we reported on Monday.
The woman going by the name Jane Doe told us that on Thursday she learned that the Clearwater Police Department was closing its investigation of her allegations that she had been sexually abused as a kindergarten student at Scientology’s Clearwater Academy school. She said that the police read to her from fifteen affidavits submitted by Scientologists refuting her claims. She also learned that some of the Scientologists had filmed videos for the church in one of its patented “Fair Game” campaigns that she believed would soon be rolled out on the Internet.
It was too much for her, she told us. She contacted us late that night and told us she was feeling suicidal. The next day, on Friday, she asked her attorneys to dismiss the lawsuit she had filed against Scientology and Miscavige in Miami for failing to protect her as a child at the Academy and as a child employee at Scientology facilities in Venezuela and Clearwater, where she alleged that she was also sexually abused.
“I feel defeated and bruised. Confused. Angry. Sad. Scared. I’m in a really bad place right now,” she told us. “I don’t want to be slandered and I don’t want the world to know my secrets. I’m emotionally exhausted and weak. Sorry to disappoint you and everybody else but there’s no point in this anymore.”
Jane Doe’s lawsuit was one of three that were filed by a national legal team last year in the wake of Leah Remini’s Emmy-winning A&E series, Scientology and the Aftermath, and we wondered how the former Scientologist celebrity felt about hearing the news.
She didn’t mince words.
“I can’t say that I don’t understand why Jane Doe has decided to drop her lawsuit,” Leah says. “You have police departments that are unwilling to be the voice for the victims of Scientology like the Clearwater PD, like the LAPD Hollywood Division, like the Riverside County Sheriff’s Office in California. And you are dealing with a group of people who have withstood unimaginable sexual, physical, and mental abuse by Scientology, which most of us would consider our primary caretakers growing up. But add on top that, their own parents’ rejection of them, their failure to parent and protect their own, and of course, the lack of any support from law enforcement, and Scientology’s Fair Game policy of utterly destroy anyone speaking out. Fair Game tactics executed by Scientology and Scientologists are traumatizing enough, but for victims of Scientology, this can be just too much to bear and to bear it alone. Scientology is well aware of the re-traumatizing it creates in its victims. They are all too happy to do it, if it means keeping themselves out of the courts and forced to answer to their crimes.
“But as I have always maintained, their day will come .
“To our Jane Doe, you did the best you could under circumstances most couldn’t bear. Be proud of yourself and do good things. You let no one down.”
The dismissal of the lawsuit was so sudden, we were left with questions about whether there would be legal ramifications. We asked one of our legal experts, an appeals lawyer who goes by the handle TX Lawyer, who cautioned us that he doesn’t practice law in Florida, but did respond to our request for his thoughts…
Plaintiffs are usually allowed to voluntarily dismiss their cases without consequences, other than the fact that they are losing out on whatever upside there might have been from the claims they were asserting. Sometimes you have to ask the court for permission to dismiss, which is the way it works in federal court after the defendant has filed an answer to the lawsuit. But where permission is required, it is hardly ever withheld. Here in Texas, a plaintiff has an absolute right to “nonsuit” their case right up until the time of trial.
Of course, the lawsuit does not go away entirely if the defendant has filed counterclaims. Anything like that would still need to be litigated. I can see the defendants here try to claim that their motion to compel arbitration is such a claim, and that they still want the court to force her into arbitration. But I doubt that would work without Jane Doe actively asserting her claims.
In certain rare circumstances, a defendant might be entitled to recover their attorney fees from the plaintiff, but I am not aware of any “fee-shifting” statute or rule that would apply to this case. They could also try to move for sanctions on the basis that the lawsuit was objectively baseless or brought for some improper purpose. But the odds against something like that being successful are probably vanishingly small.
Finally, note that there are two kinds of dismissal — “with prejudice” and “without prejudice.” If the dismissal is made with prejudice to refiling, she can never refile another lawsuit on these claims. If it is without prejudice to refiling, she can change her mind and bring the case again as long as she’s still within the statute of limitations.
We’re still hoping to get our hands on the dismissal document itself, and we’ll see if it answers that last question.
As for Jane Doe, she told us that she was heartened by the reactions to Monday’s story that she saw in the comments, but she was still having a very difficult time dealing with Scientology’s attacks.
Of the three lawsuits filed last year, two have now been derailed by Scientology. The first of them filed, on behalf of Leah Remini’s assistant Valerie Haney in Los Angeles, was sidetracked when Scientology successfully moved the case into “religious arbitration.”
The second lawsuit, also filed in Los Angeles, is facing several serious hurdles in upcoming hearings. It was filed by four women who claim that they were raped by Scientologist actor Danny Masterson, and they are suing Masterson, Scientology, and Miscavige for what they claim has been a Fair Game harassment campaign since they came forward to the LAPD. Two of those women are going by the names Jane Doe 1 and Jane Doe 2, but they are not to be confused with the Florida woman who dismissed her suit this week.
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Bonus items from our tipsters
Scientology cosplay on Broadway…
Scientology cosplay in Amsterdam…
Elena Cardone for Drug-Free World, promoted by Meghan Fialkoff, gushing about creating an “ideal scent”…
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“It’s my belief that in a good society every child ought to be equipped with and taught to fire a sawed-off shotgun.” — L. Ron Hubbard, May 20, 1952
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“Scientology is, of course, a body of data. It gives theory and application so one can cause a betterment through auditing and other methods. Scientology is not the cognitions of PCs and OTs. While the wins of PCs and OTs may give a stat for the org, Scientology belongs to L. Ron Hubbard, and the cognitions belong to those who had them.”
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“If you want some major lulz, google ‘David Icke forum Scientology’ and get ready to read the 12-foot shape-shifting reptilian fanboys make fun of the immortal super powered Thetans. it’s a hoot.”
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Full Court Press: What we’re watching at the Underground Bunker
Criminal prosecutions:
— Jay Spina: Sentencing was set for April 3 in White Plains
— Hanan and Rizza Islam and other family members: Trial set for October 7 in Los Angeles
Civil litigation:
— Luis and Rocio Garcia v. Scientology: Waiting for an appellate decision from the Eleventh Circuit
— Valerie Haney v. Scientology: Forced to ‘religious arbitration.’ Hearing on motion for reconsideration set for August 11
— Chrissie Bixler et al. v. Scientology and Danny Masterson: July 8 (plaintiff attorneys pro hac vice), August 31-Sept 1 (CSI/RTC demurrer against Riales, Masterson demurrer), Oct 7-19 (motions to compel arbitration)
— Jane Doe v. Scientology (in Miami): Jane Doe dismissed the lawsuit on May 15 after the Clearwater Police dropped their criminal investigation of her allegations.
— Matt and Kathy Feschbach bankruptcy appeal: Oral arguments were heard on March 11 in Jacksonville
— Brian Statler Sr v. City of Inglewood: Amended complaint filed.
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Scientology’s celebrities, ‘Ideal Orgs,’ and more!
We’ve been building landing pages about David Miscavige’s favorite playthings, including celebrities and ‘Ideal Orgs,’ and we’re hoping you’ll join in and help us gather as much information as we can about them. Head on over and help us with links and photos and comments.
Scientology’s celebrities, from A to Z! Find your favorite Hubbardite celeb at this index page — or suggest someone to add to the list!
Scientology’s ‘Ideal Orgs,’ from one end of the planet to the other! Help us build up pages about each these worldwide locations!
Scientology’s sneaky front groups, spreading the good news about L. Ron Hubbard while pretending to benefit society!
Scientology Lit: Books reviewed or excerpted in our weekly series. How many have you read?
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THE WHOLE TRACK
[ONE year ago] A paradox of apathy and zealotry: What props up Scientology, from within and without
[TWO years ago] Russia’s ineffective Scientology crackdown includes smearing foreign leaders
[THREE years ago] Scientology forks over phone numbers to federal judge, who puts his foot down again
[FOUR years ago] Scientology gets judge disqualified in forced-abortion lawsuit and wants recent order voided
[FIVE years ago] Scientology’s wealthy donors play royalty in Italy while Paulette Cooper takes San Diego
[SIX years ago] Marc Headley returns to Scientology and finds a whole new ballgame
[SEVEN years ago] Your Hot Scientology Event in Los Angeles Tonight
[EIGHT years ago] Ursula Caberta on Scientology: ‘You Have to Be Always Watching Them’
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Bernie Headley (1952-2019) did not see his daughter Stephanie in his final 5,667 days.
Valerie Haney has not seen her mother Lynne in 1,943 days.
Katrina Reyes has not seen her mother Yelena in 2,447 days
Sylvia Wagner DeWall has not seen her brother Randy in 1,967 days.
Brian Sheen has not seen his grandson Leo in 987 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 878 days.
Christie Collbran has not seen her mother Liz King in 4,185 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,053 days.
Carol Nyburg has not seen her daughter Nancy in 2,827 days.
Jamie Sorrentini Lugli has not seen her father Irving in 3,601 days.
Quailynn McDaniel has not seen her brother Sean in 2,947 days.
Dylan Gill has not seen his father Russell in 11,513 days.
Melissa Paris has not seen her father Jean-Francois in 7,432 days.
Valeska Paris has not seen her brother Raphael in 3,600 days.
Mirriam Francis has not seen her brother Ben in 3,181 days.
Claudio and Renata Lugli have not seen their son Flavio in 3,442 days.
Sara Goldberg has not seen her daughter Ashley in 2,480 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,193 days.
Marie Bilheimer has not seen her mother June in 1,718 days.
Charley Updegrove has not seen his son Toby in 1,248 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 5,808 days
Derek Bloch has not seen his father Darren in 2,948 days.
Cindy Plahuta has not seen her daughter Kara in 3,268 days.
Roger Weller has not seen his daughter Alyssa in 8,123 days.
Claire Headley has not seen her mother Gen in 3,243 days.
Ramana Dienes-Browning has not seen her mother Jancis in 1,598 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 5,901 days.
Brian Sheen has not seen his daughter Spring in 2,007 days.
Skip Young has not seen his daughters Megan and Alexis in 2,409 days.
Mary Kahn has not seen her son Sammy in 2,281 days.
Lois Reisdorf has not seen her son Craig in 1,864 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 2,359 days.
Mary Jane Barry has not seen her daughter Samantha in 2,613 days.
Kate Bornstein has not seen her daughter Jessica in 13,722 days.
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Posted by Tony Ortega on May 20, 2020 at 07:00
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Our new book with Paulette Cooper, Battlefield Scientology: Exposing L. Ron Hubbard’s dangerous ‘religion’ is now on sale at Amazon in paperback and Kindle formats. Our book about Paulette, The Unbreakable Miss Lovely: How the Church of Scientology tried to destroy Paulette Cooper, is on sale at Amazon in paperback, Kindle, and audiobook versions. We’ve posted photographs of Paulette and scenes from her life at a separate location. Reader Sookie put together a complete index. More information can also be found at the book’s dedicated page.
The Best of the Underground Bunker, 1995-2019 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2019), The Village Voice (2008-2012), New Times Los Angeles (1999-2002) and the Phoenix New Times (1995-1999)
Other links: BLOGGING DIANETICS: Reading Scientology’s founding text cover to cover | UP THE BRIDGE: Claire Headley and Bruce Hines train us as Scientologists | GETTING OUR ETHICS IN: Jefferson Hawkins explains Scientology’s system of justice | SCIENTOLOGY MYTHBUSTING: Historian Jon Atack discusses key Scientology concepts | Shelly Miscavige, 14 years gone | The Lisa McPherson story told in real time | The Cathriona White stories | The Leah Remini ‘Knowledge Reports’ | Hear audio of a Scientology excommunication | Scientology’s little day care of horrors | Whatever happened to Steve Fishman? | Felony charges for Scientology’s drug rehab scam | Why Scientology digs bomb-proof vaults in the desert | PZ Myers reads L. Ron Hubbard’s “A History of Man” | Scientology’s Master Spies | The mystery of the richest Scientologist and his wayward sons | Scientology’s shocking mistreatment of the mentally ill | The Underground Bunker’s Official Theme Song | The Underground Bunker FAQ
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Our non-Scientology stories: Robert Burnham Jr., the man who inscribed the universe | Notorious alt-right inspiration Kevin MacDonald and his theories about Jewish DNA | The selling of the “Phoenix Lights” | Astronomer Harlow Shapley‘s FBI file | Sex, spies, and local TV news | Battling Babe-Hounds: Ross Jeffries v. R. Don Steele
