David Miscavige's Beatings of Staff - More Information

[Rorschach]

It is one thing to relate a first hand account of abuse. It is something completely different to demonstrate that the abuse related arose as a specific matter of policy or practices either mandated or encouraged by management.

Instances of abuse are legally actionable only against the abusive individuals involved. Management directive would need to be implicated in order to undermine the Co$ structure legally.


Mark A. Baker

However, the institution can be held liable, especially in circumstances where the top executives were completely aware of the abuse. For instance, child labor laws have been violated - the institution is liable for those. The treatment of those in Davey Jones Locker (SP Hall) is an institutional liability, especially since it is impossible for such things to go down with high level execs without higher execs knowing about it. One of the individuals who has made it out can smack Davey the Dwarf with a sizeable lawsuit for HR violations, as well as the church given the complicity of everyone at Int.

According to the precepts of Scientology, Green on White, Red on White, and Flag Orders are senior to everyone. If there are contradicting Flag Orders, as in the case of the ban on children, those written by Hubbard would supercede those written by Int Execs. I bring this up within the context of the forced abortions. In other words, any action that is not taken to end Human Rights abuses given extant evidence that exists--in writing--of senior orders that could have ended abuses proves complicity of all individuals. Those orders also serve to protect the organization from liability, but not in light of massive complicity. My point being that it would depend on how the judge/jury defines organization. If they define the organization as an institution that is delimited by written orders, and not personnel, then Cof$ is not liable; if they define the organization as an institution defined by both written texts and personnel (who can interpret texts), then Cof$ is also liable. An attorney could explain this better.

 

[Mark A. Baker]

However, the institution can be held liable, especially in circumstances where the top executives were completely aware of the abuse.

Absolutely. And the point is you have the burden of demonstrating proof beyond a reasonable doubt that the top executives were completely aware of a systematic pattern of abuse. The OSA exists in order to prevent that happening. Good luck.


Mark A. Baker

 

[Rorschach]

The burden of proof isn't so steep in civil court. proving beyond a reasonable doubt is for criminal court. I know, I know, it's intimidating and requires tremendous amount of effort to see it through. And, I wouldn't want to wish that 8th level of hell for someone to go through in creating a class action law suit against Davey the Dwarf; especially considering that they have already lived through the 9th level of hell in putting up with the overcompensating midgets oppression up close and personal. However, the top attorneys in the US can do it.

One case that comes to mind is the civil rights lawsuit against the four cops that beat Rodney King. The criminal trial was a joke, and even with evidence the city assistant DA couldn't get the conviction, which was idiotic given the fact that they had video of them beating him. Anyway, after the riots and probably because of the riots, two top US attorneys were assigned the case of going after the cops for violating his civil rights and they got the conviction. Get this, to get the conviction the US attorneys had to prove "intent". The burden of proof is much lower, but you still have to prove intent. You have to be ridiculously great to prove intent as an attorney--it really baffles the mind how you can prove intent, but the best can do it. The Cof$ has dealt with the IRS and its attorneys, but never the top US attorneys. If the government had solid line of witnesses no way DM gets out.

The key is to get the civil rights (human rights) abuses to flap on the lines of the federal government - if that can be done, then its over for him and his crew. Like many have said in multiple forums, if someone like Rinder or Rathbun were to turn states evidence its over. First one gets immunity, the rest get federal prison.