Unit 3 Shermans V Devine Light

Memorandum

To: Janet Jones

From: Natasha Simpson

Date: November 25, 2011

Re: Sherman v Church of the Devine Light

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Thesis/Theory

The Sherman’s claim that their minor child Rob Jr. has been the victim of false imprisonment and intentional infliction of emotional distress along with other torts. They seek to be compensated for all the damages that such detention has brought to their minor child as well as any medical or other expenses they incurred in getting him away from the church and bringing him from their intentional brainwashing of their minor child. They also claim they are the victims of fraud from the Church of the Divine Light.

The strongest of the torts to litigate on the behalf of the parents are the intentional misrepresentation by fraud. The intentional misrepresentation by fraud and infliction of emotional distress is a high likely hood that they could get this case to trial.  The strongest argument on Rob jr.’s behalf is infliction of emotional distress. Rob Jr. is their child was a minor and not capable of consent and was wrongfully detained by the church. Based on these facts, I think this cause of action has a good chance of succeeding. The weakest tort would be brainwashing on the behalf of Rob Jr. The courts have found that the religious beliefs of a church are a basis of their religion and are considered non threatening and a freedom of religion.

1. Introduction

The Sherman’s are able to bring forth these causes of action on Rob Jr. behalf because Rob Jr is a minor. The Sherman’s have many torts here including fraud, infliction of emotional distress, false imprisonment, and brainwashing. The Parents are victims of possible fraud and suffered emotional distress. The parents can claim on Rob Jr.s behalf that he was falsely imprisoned and brainwashed and suffered emotional distress.

2. Statement of Facts

The parents allege that Rob Jr. was...