Tort Law

Cause of Action

Jennifer Calderone

PA310: Tort Law

February 7, 2012

Professor Steven Zakrocki

Cause of Action

Possible causes of action which may be taken against the church:

Possible causes of action which may be taken against the Church of Divine Lights are intentional infliction of emotional distress, false imprisonment, negligence of Rob Jr. and unjust enrichment. Bunny Sherman as well as Rob Sr. may file on behalf of their fifteen year old son, Rob Jr., for the intentional infliction of emotional distress and false imprisonment. The church threatened him to cause him to stay at the church and not return home to his parents. Mr. Marsden told him to stay or he would face such consequences as being thrown into the eternal hells of fire. His parents may also file opposing allegations against Tom Marsden under the strict liabilities for the Church of Divine Lights, for refusing to allow their son to come home; they may file for unjust enrichment and neglect. They are able to do this because they were sending the money to the church and not able to see that their son had been properly cared for and for not being able to be involved in the religious decision making of their son, which is a parent’s right.

There are several cases in California which involve recruitment of new members into a religious organization. Such Scientologists or Unified churches of the same religion have some similar cases which were brought against them for these types of torts. There are some cases which we may learn from such as: Wollersheims vs. The Church of Scientology; Molkos vs. Holy Spirits Assn.; and Wisconsin vs. Yoder for supporting the assertion that the parents have federal protected rights in determining the religious up-bringing of their children. I might say that brainwashing has been ruled out often on the basis of free religion as well as our 1st Amendment rights.

In the case of fifteen year old Rob Jr., the Church of the Divine...