Civil suit again CofS for Human Trafficking? Why not?

francie · Jan 14, 2009

Civil suit again CofS for Human Trafficking? Why not?

Civil suit again CofS for Human Trafficking on top of labor issues? Why not?

Since statute of limitation can be 'stayed' because of psychological trauma, then more ex Sea Org members could sue long after they left CofS. The stay because of Human Trafficking psychological trauma also stays the statute of limitations for labor disputes.

Calling Marc Headley to the white courtesy phone!

CA Codes (civ:43-53) Scroll down to section 52.5

52.5. (a) A victim of human trafficking, as defined in Section
236.1 of the Penal Code, may bring a civil action for actual damages,
compensatory damages, punitive damages, injunctive relief, any
combination of those, or any other appropriate relief. A prevailing
plaintiff may also be awarded attorney's fees and costs.
(b) In addition to the remedies specified herein, in any action
under subdivision (a), the plaintiff may be awarded up to three times
his or her actual damages or ten thousand dollars ($10,000),
whichever is greater. In addition, punitive damages may also be
awarded upon proof of the defendant's malice, oppression, fraud, or
duress in committing the act of human trafficking.
(c) An action brought pursuant to this section shall be commenced
within five years of the date on which the trafficking victim was
freed from the trafficking situation, or if the victim was a minor
when the act of human trafficking against the victim occurred, within
eight years after the date the plaintiff attains the age of
majority.
(d) If a person entitled to sue is under a disability at the time
the cause of action accrues, so that it is impossible or
impracticable for him or her to bring an action, then the time of the
disability is not part of the time limited for the commencement of
the action. Disability will toll the running of the statute of
limitation for this action.
(1) Disability includes being a minor, insanity, imprisonment, or
other incapacity or incompetence.
(2) The statute of limitations shall not run against an
incompetent or minor plaintiff simply because a guardian ad litem has
been appointed. A guardian ad litem's failure to bring a plaintiff's
action within the applicable limitation period will not prejudice
the plaintiff's right to do so after his or her disability ceases.
(3) A defendant is estopped to assert a defense of the statute of
limitations when the expiration of the statute is due to conduct by
the defendant inducing the plaintiff to delay the filing of the
action, or due to threats made by the defendant causing duress upon
the plaintiff.
(4) The suspension of the statute of limitations due to
disability, lack of knowledge, or estoppel applies to all other
related claims arising out of the trafficking situation.
(5) The running of the statute of limitations is postponed during
the pendency of any criminal proceedings against the victim.
(e) The running of the statute of limitations may be suspended
where a person entitled to sue could not have reasonably discovered
the cause of action due to circumstances resulting from the
trafficking situation, such as psychological trauma, cultural and
linguistic isolation, and the inability to access services.
(f) A prevailing plaintiff may also be awarded reasonable attorney'
s fees and litigation costs including, but not limited to, expert
witness fees and expenses as part of the costs.
(g) Any restitution paid by the defendant to the victim shall be
credited against any judgment, award, or settlement obtained pursuant
to this section. Any judgment, award, or settlement obtained
pursuant to an action under this section shall be subject to the
provisions of Section 13963 of the Government Code.
(h) Any civil action filed under this section shall be stayed
during the pendency of any criminal action arising out of the same
occurrence in which the claimant is the victim. As used in this
section, a "criminal action" includes investigation and prosecution,
and is pending until a final adjudication in the trial court, or
dismissal.

OTBT · Jan 14, 2009

Re: Civil suit again CofS for Human Trafficking? Why not?

tl;dr Statute of limitations does not apply to Sea Org members filing Human Trafficking lawsuits.

This is actually very important info.

Oooooh, looky here:

Research re Human Trafficking, Church of Scientology

Hey OSA, having a bad week?

mrfyde · Jan 18, 2009

Re: Civil suit again CofS for Human Trafficking? Why not?

I was following this thread over on OCMB a few weeks ago about human trafficing.
Operation Clambake Message Board :: View topic - Human Trafficking in scientology
I was not a member so I could not chime in.

Over Christmas I talked to a family member that is a DA (but not in California) about the new Human traffic laws that went into effect there on Jan. 1st (in CA) and was told that they MIGHT apply to Scientology (not having time to go over the entire list of facts) but it would likely be hard to get a case going.

I was told other avenues (like Marc Headly's I assume) would be better way to go about it. But Human Traffic still might be possible we just where not sure it would be the best way to go from the little bit of information and time we had available to look at it.

AnonymousVanAllen · Jan 18, 2009

Re: Civil suit again CofS for Human Trafficking? Why not?

It might be very amusing if you could find one single ex-Sea Ogre who could make a case for unfair dismissal from the cult.

Can you imagine a breach of contract suit, with a claim for loss of earnings...over a billion years?

Lemme see: that's 39 cents an hour, for oh, 'bout 100 hours per week = $39.

52 weeks per year (no holidays for Sea Ogres) = $2048.

1,000,000,000 years @ $2048 per year =

About 2 trillion bucks!

That would put a bit of a hole in Davey's finances, wouldn't it?

blownforgood · Jan 20, 2009

Re: Civil suit again CofS for Human Trafficking? Why not?

DONE!
Until next time...
BFG

LRonAnon · Jan 20, 2009

Re: Civil suit again CofS for Human Trafficking? Why not?

blownforgood;708338 said:

DONE!
Until next time...
BFG

Zesty

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Civil suit again CofS for Human Trafficking? Why not?

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