Mr. and Mrs Rob Sherman Final Unit 7

 Memorandum 

Date: April 16, 2011

To: Attorney Janet Jones

From: Barbara Burch

Re: Sherman v. Church of the Divine Light

CC: Professor Clyde Craig

Introduction:

Mr. and Mrs. Sherman wish to bring litigation against the Church of the Divine Light. They wish to sue for the torts that were committed against them, by the church. Mr. and Mrs. Sherman want to litigate against the church, on behalf of their son (a minor) for the torts that the church committed against him. (Rob Jr.).

Facts:

The parents allege that Rob Jr. was tricked in attending some youth group meetings. One night about a year ago, Rob Jr. was getting ready to return home, after one of his youth group meetings. The organizer, one Tom Marsden, allegedly made numerous excuses for keeping Rob Jr. at the retreat. It reached a pinnacle when Tom Marsden told Rob Jr. if you leave, you will be thrown into the eternal fires of hell, and you will not be allowed back.

Rob Jr. acquiesced and he remained. The next day Tom Marsden had Rob Jr. write a letter to his parents telling them that he was going to stay with the church, as they were his new family. Rob Jr. was also told that he needed to demand money from his parents to cover his expenses. Rob Jr. remained with the church for approximately six months. Rob Sr. and Bunny arranged to meet with Rob Jr. to give him money for the month, and pulled him into the car and brought him home. Rob Sr. and Bunny had to watch Rob Jr. carefully for a couple of weeks but he finally came out of the brainwashing.

Issue 1

Are the plaintiffs Mr. and Mrs. Sherman able to litigate against the Church of the Divine Light, on behalf of Rob Jr. (a minor)?

Issue 2

Can Mr. and Mrs. Sherman litigate successfully for the intentional torts of fraud by misrepresentation?

Issue 3

Can the facts successfully support/prove the intentional torts of false imprisonment, and intentional infliction of emotional distress for Rob Jr.?...