TO: Mosey Rathbun files multi-million dollar lawsuit against CoS for harassment

Discussion in 'News and Current Events' started by rickybobby, Aug 21, 2013.

  1. failboat Member


    After more than a year since an oral hearing was held in the case, the Texas Third Court of Appeals has finally ruled in Monique Rathbun’s favor, denying the Church of Scientology’s appeal of a lower court’s ruling.
    Monique sued Scientology for harassment in 2013, accusing the church of using private investigators and other operatives to follow her and her husband, former Scientology official Mark “Marty” Rathbun, from 2009 to 2013 in what amounted to unreasonable surveillance and a disruption to their lives. Last year, Scientology filed an “anti-SLAPP” motion against Rathbun, arguing that its activities were protected free speech in a religious dispute with her husband. Comal County District Judge Dib Waldrip denied the church’s motion, but Scientology then appealed that ruling to the Third Court of Appeals, where Scientology had earlier won a decision that prevented Scientology leader David Miscavige from being deposed in the lawsuit.
    This time, the three-judge panel found that Scientology had failed to prove that its activities were protected and couldn’t be the basis for a lawsuit…
    The court did not, however, give Monique everything she was asking for. It denied her request for attorneys’ fees. But otherwise, this is a total win for her after the long wait...

    Continued here, with analysis from tikk -
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  2. The Wrong Guy Member

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  3. I remember posting on Marty's blog in 2009 as KittyKatSpanker with a link to my BDSM account on collarme.

    He my bro !

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  4. SlappyDM Member

    Finally, it can go forward!
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  5. Malory Member

    I know I keep saying it but Mosey rocks.
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  6. SlappyDM Member

    If I was "allowed" to give this a thumbs up, I would!
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  7. afternon Member

    It took some time coming but this is great news and just in time for the media storm about Leah Remini's new book so some news outlets may pick it up.
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  8. Random guy Member

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  9. The Wrong Guy Member

    What happens next in the Monique Rathbun lawsuit?

    By Tony Ortega, November 8, 2015

    We wanted to make sure that everyone saw the really interesting comment left by TX Lawyer following the big news about Monique Rathbun’s win at the Texas Third Court of Appeals. We’ve confirmed that TX Lawyer is who he says he is — a Texas lawyer who specializes in appellate matters — and his commentary has always been very illuminating about this lawsuit. Here’s what he had to say after the appeals court affirmed Judge Dib Waldrip’s denial of Scientology’s “anti-SLAPP” motion, filed in October 2013, which stopped the lawsuit in its tracks for more than a year:

    Continued here:
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  10. RightOn Member

    ha! the pics of the latest IAS event are the ones they should have showed with Leah's interview on 20/20. LOTS of empty seats!
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  11. Those seats are full with BT clusters looking to be blown again......
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  12. Random guy Member

    Not exactly packed to the brim, no:

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  13. DeathHamster Member

    ^^ I don't know if it's manipulation or funky lenses, but that image is odd.
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  14. Poky and claustrophobic, I'd say, despite the trompe l'oeil effects. There appears to be an appropriate ratio of heads to bodies, at a glance (which is odd in itself, I suppose).
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  15. RightOn Member

    Looks like tables #123 and 109 are totally downstat!
    Report to your CS stat!
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  16. The Wrong Guy Member

    Scientology's Surveillance Is Not Free Speech | Courthouse News Service

    The Church of Scientology's monitoring of a Texas woman, supposedly ordered by leader David Miscavige, is not protected by free speech, a Texas appeals court ruled.

    The Third Court of Appeals in Austin handily rejected the church's argument that the alleged harassment of Monique Rathbun, the wife of a former high-ranking Scientologist, was a protected right of free speech and free association.

    "It strains credulity to consider the harassing conduct that Rathbun complains of as having any direct relationship to this issue," Justice Scott Field wrote for the appeals court.

    Rathbun's legal battle with the notorious church began in 2013 when she claimed in an explosive lawsuit that the church mounted a three-year campaign of "ruthlessly aggressive misconduct" against her as she and her husband sought seclusion in the Texas Hill Country.

    She claims it all started after her husband, Marty Rathbun, fled the church in 2004, after 27 years on the inside. He was known as Scientology's number two executive, behind Miscavige, according to court records.

    Her husband spoke out against Miscavige's "criminal mistreatment of Scientology clergy" in 2009, Rathbun says in the original complaint.


    While church officials pushed for dismissal of the lawsuit, arguing that their actions are protected rights of free speech, they did not directly address Rathbun's specific complaints, including threats made about her safety to family and friends and closely following her daily movements, the appeals court found.

    "Moreover, other than deny having done so, the Scientology defendants do not address Rathbun's allegations that they sent a sex toy to her at work and sent flowers with a 'romantic' message purportedly from her to a female co-worker," Field wrote.

    The judge ruled that Scientology officials did not prove that Rathbun's allegations arise from their exercise of free speech or association.
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  17. Scientology Cannot Get Dismissal of Harassment Suit Under Texas Anti-SLAPP Statute.

    The legal blog The Religion Clause has the story.

    Scientology Cannot Get Dismissal of Harassment Suit Under Texas Anti-SLAPP Statute

    * * * * * BEGIN EXCEPT * * * * *

    In Sloat v. Rathbun, (TX App., Nov. 6, 2015), a Texas appellate court held that the Church of Scientology and its officials cannot invoke the Texas Citizens Participation Act (TCPA) to obtain dismissal of a lawsuit against them alleging intentional infliction of emotional distress, invasion of privacy and tortious interference with contract. TCPA is designed to allow rapid dismissal of unmeritorious lawsuits challenging individuals' exercise of their rights of speech, petition or association. Here plaintiff, the wife of a former high ranking Scientology official who spoke out against Scientology, claims that the Scientology defendants subjected her to relentless abuse, harassment and surveillance. The court held that defendants have not shown that the alleged activities relate to the exercise of free speech or the rights of association or petition:

    [With one exception] the Scientology Defendants do not directly address the specific conduct Rathbun complains of, which includes following her while she went to and from work, shopping, out to dinner with friends, and walking her dog. Nor do they explain how alleged visits to Rathbun’s family members, friends, and coworkers during which they allegedly gave warnings about Rathbun’s personal safety while married to Marty Rathbun, constitute conduct covered by the TCPA. Moreover, other than deny having done so, the Scientology Defendants do not address Rathbun’s allegations that they sent a sex toy to her at work and sent flowers with a “romantic” message purportedly from her to a female co-worker.

    * * * * * END EXCERPT * * * * *
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  18. Ogsonofgroo Member

    I hope this is the judiciary getting down to the real guts of the matter, finally.. I think cult dragging this on so long, in the long run, makes them look like bigger idiots than if they'd plead guilty right at the start. Gives everyone way moar time to see the ultimate fuckery I am thinkin'.
    somethng like that... ugh.
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  19. RightOn Member

    The tides are turning.
    Soon it will be like Scientology trying to shovel waves back into the ocean.
    Maybe now would be a good time for LRH to make his return. Eh?
    Maybe him and Jesus can ride in together and save the planet.

    Finally I feel that I may see the end of Scientology in my life time.
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  20. A meme is born !

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  21. The Wrong Guy Member

    Scientology Tries Free Speech Defense for Harassment

    By Ed Brayton, Patheos, November 13, 2015

    Last paragraph:

    The “church” has not even addressed the substantive claims in the suit other than to admit that they’ve kept her under surveillance, which they claim is justified because they were preparing for the possibility of suing her over some unspecified reason. Typical Scientology behavior, documented by virtually anyone who has ever left the “church.” But the free speech claim is bullshit on roller skates. They couldn’t possibly think they were going to win that, could they?
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  22. Malory Member

    Monique has done zero for the cult to sue her over and has conducted herself with grace throughout the whole affair. I'm sure she's driving wee Davey batshit crazy.

    Hubbard couldn't break Paulette Cooper and now Miscavige has his very own tough lady to deal with.
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  23. The Wrong Guy Member

    Court Rules Against Church of Scientology in Bizarre Case

    By John Council, Texas Lawyer, November 17, 2015

    Sometimes bizarre facts make for even stranger law. And that's certainly the case for a recent Texas appellate court ruling that the Church of Scientology doesn't have a constitutional right to harass a woman by stalking her, sending her a sex toy at work and publishing allegations that she'd had a secret sex-change operation.


    Leslie Hyman, a partner in San Antonio's Pulman, Cappuccio, Pullen, Benson & Jones who represents Rathbun on appeal, is pleased with the decision. She notes that the Third Court took nearly a year to decide the case and did a thorough job of examining the church's TCPA motion.

    "One of the things I was concerned about was the argument [the church was] making that as long as you filmed yourself doing stuff, that made what you were doing protected by the First Amendment. That would suggest that if I had somebody with a camera phone filming me, I could smash your car," Hyman said.

    "It comes back to what we were complaining about. We were not complaining about protected speech or protected assembly or protected petitioning," Hyman said. "We were complaining about her being followed to and from work, followed to restaurants and while shopping, and followed while walking the dog."

    Tom Leatherbury, a partner in Vinson & Elkins who represents the church on appeal, did not return a call for comment.

    Elliott Cappuccio, who represents Rathbun before the trial court, said that her case is the third one that his firm has handled against the church.

    "When you talk about bizarre, you have no idea," Cappuccio said.

    "They had suffered 300 days of the church renting homes next to theirs," Cappuccio said of the Rathbuns. "They would watch and see when her husband left town and bother her. Imagine they do that so long that you have to move. And then you move to another property, and there are surveillance cameras pointing your way. Imagine thinking you're never going to get away from these people.

    "My client wants her day before a jury," Cappuccio said. "And we want a Texas jury to tell the church that this type of behavior is not going to be tolerated."
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  24. Ogsonofgroo Member

    Thanks for the updates TWG! I like this lawyer, seems to have a grip on how fucked up Miscavige's, and the cult in general, practices really are, and makes use of 'balls of titanium'.

    What a gong-show the cult/'church' is, oh my lord, so bloody demented in their 'justifications', how homo-novis.... *pukes*


    I was so hoping that the court would finally depose the Dwarfenfurher, the little maggot needs to speak up and be heard imho. Given the fact he perjured himself so badly at the Clearwater hearings (an made himself look like a total idiot as well), I'd love to see his, and his wife's, shiny (not so) bright faces testifying to the glories of LRon's fake 'church', and why this sort of fucked-up behavior is even remotely acceptable anywhere in a free and just society, it'd be a grand thing indeedee-do.
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  25. incog712 Member

    Though this decision is a great win for us and while it's possibly getting to be a little bit droll for most of the mainstream newsy stations/sites, it seems that it would be gold for the tabloids. So many footbullets. Iron footbullets.

    Has anyone come across anything?
  26. RightOn Member

    I am sure Wrong Guy is on it.
    He is a news poster extraordinaire
  27. Ann O'Nymous Member

  28. Mike Rinder and Marty Rathbun seem to be getting soft on the cult. Rathbun only writes weird shit nowadays and Rinder only makes fun of promotional pieces from the cult and nothing more. And these two fucks are sitting on a lot of damaging infoz that refuse to expose :/
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  29. David Miscavige stop trolling this place plox
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  30. Rathbun is finally following his attorney's advice and stopped regurgitating stupid shit (this is a good thing because his writing skills are atrocious), and Rinder is probably working full time (he has a new kid with no retirement savings or assets in which to retire), so.....ya. They are going soft. Puhleez.
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  31. 268

    That must have been after he wrote this word salad BS 2 weeks ago:

    When Distraction Becomes Destructive

    Posted on November 17, 2015 by Mark C. Rathbun | 110 comments
    In 2001 Germany’s largest domestic spy network was riveted on scientology. For years they had been treating scientology as top priority for infiltration and elimination. The prime locus for attention was scientology’s greatest German stronghold, Hamburg.
    Remarkably, the following facts were given next to no attention over the next fourteen years of media obsession with terrorism. The 9/11 attacks in America were planned, trained-for, and staged from Hamburg Germany; all the while Germany’s law enforcement intelligence apparatus was chasing scientology.
    From 2009 through 2011, the US Department of Justice assigned some of its most experienced and decorated agents to make a case against scientology and its leader David Miscavige. During that time period, and since, the Department of Justice failed to even attempt to prosecute a single one of the billionaires whose greed created the international recession we are still feeling the effects of today. A handful of criminals destroyed 40% of the wealth of planet Earth – and profited handsomely in the bargain – and continue doing business at the same old stand. If you’ve bought the line that jailing Wall Street gangsters would only constitute vengeance or wreak greater financial disaster, think again. Once their lucrative housing bubble burst, they turned to speculating on food commodities. Notice what’s been happening with your grocery bills over the past seven years? Ever wonder why?
    In November 2015 Belgium’s justice department is making hay out of its attempted prosecution of scientology. While the trial proceeds, again only after the fact European law enforcement is frantically scouring Belgium since it has been exposed as a critical terrorist planning and staging ground in the wake of the 13 November 2015 Paris atrocities.
  32. Oh Mike Rinder has a full time job? That would be surprising. Dox please. And stop assuming about that asshole. k? Tks.

    And I am still waiting for them botch motherfuckers to actually spill the rice & beans (see what I did there?)
    This message by Ex-Indie has been hidden due to negative ratings. (Show message)
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  33. Truth Sleuth Member

    The decision is getting a lot of traction in Texas legal rags for several reasons.
  34. anon8109 Member

    Please elaborate.
  35. Random guy Member

    Please post links!
  36. Disambiguation Global Moderator

    I can't find anything in Texas news, so yeah, links plox.

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