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The Jason Scott case was a
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
civil suit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
, brought against
deprogrammer Deprogramming is a controversial tactic that attempts to help someone who has "strongly held convictions," often coming from cults or New Religious Movements (NRM). Deprogramming aims to assist a person who holds a controversial or restrictive b ...
Rick Ross William Leonard Roberts II (born January 28, 1976), known professionally as Rick Ross, is an American rapper. Prior to releasing his debut single, "Hustlin'", in 2006, Ross was the subject of a bidding war, receiving offers from Diddy's Bad ...
, two of his associates, and the
Cult Awareness Network The Cult Awareness Network (CAN) was an anti-cult organization created by deprogrammer Ted Patrick that provided information on groups that it considered to be cults, as well as support and referrals to deprogrammers. It was founded in the wake ...
(CAN), for the abduction and failed deprogramming of Jason Scott, a member of the
United Pentecostal Church International The United Pentecostal Church International (UPCI) is a Oneness Pentecostal denomination headquartered in Weldon Spring, Missouri, United States. The United Pentecostal Church International was formed in 1945 by a merger of the former Pentecostal C ...
. Scott was eighteen years old at the time of the abduction and thus legally an adult. CAN was a co-defendant because a CAN contact person had referred Scott's mother to Rick Ross. In the trial, Jason Scott was represented by
Kendrick Moxon Kendrick Lichty Moxon (commonly known as Kendrick Moxon) is an American Scientology official and an attorney with the law firm Moxon & Kobrin. He practices in Los Angeles, California, and is a lead counsel for the Church of Scientology. Moxon r ...
, a prominent
Scientologist Scientology is a set of beliefs and practices invented by American author L. Ron Hubbard, and an associated movement. It has been variously defined as a cult, a business, or a new religious movement. The most recent published census data indi ...
attorney. The nine-member jury unanimously held the defendants liable for
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
to deprive Scott of his
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...
and religious liberties. In addition, the jury held that Ross and his associates (but not CAN) "intentionally or recklessly acted in a way so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community." The case resulted in an award of $875,000 in
compensatory damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
and
punitive damages Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. ...
in the amount of $1,000,000 against CAN, $2,500,000 against Ross, and $250,000 against each of Ross's two associates. The case bankrupted the Cult Awareness Network, and its name, phone number, records and files were obtained by Scientologists.


Prior events

In January 1991, at the time of the failed
deprogramming Deprogramming is a controversial tactic that attempts to help someone who has "strongly held convictions," often coming from cults or New Religious Movements (NRM). Deprogramming aims to assist a person who holds a controversial or restrictive b ...
attempt, Jason Scott, of
Bellevue, Washington Bellevue ( ) is a city in the Eastside (King County, Washington), Eastside region of King County, Washington, United States, located across Lake Washington from Seattle. It is the third-largest city in the Seattle metropolitan area and has v ...
, was an 18-year-old member of the Life Tabernacle Church, affiliated with the
United Pentecostal Church International The United Pentecostal Church International (UPCI) is a Oneness Pentecostal denomination headquartered in Weldon Spring, Missouri, United States. The United Pentecostal Church International was formed in 1945 by a merger of the former Pentecostal C ...
. Scott's mother, Katherine Tonkin, had been a member of the church, but had withdrawn from it. Jason and two younger sons of hers disagreed with her decision and insisted they would remain in the church. The two younger sons then left Tonkin's household, the youngest, aged thirteen, going to live with his grandmother, and the second-youngest, sixteen, moving in with another family from the church. Jason remained at home at first, but subsequently also moved in with his grandmother. Tonkin, who believed a pastor in the church had behaved inappropriately toward one of her younger sons, subsequently called the local
Cult Awareness Network The Cult Awareness Network (CAN) was an anti-cult organization created by deprogrammer Ted Patrick that provided information on groups that it considered to be cults, as well as support and referrals to deprogrammers. It was founded in the wake ...
(CAN) hotline. The CAN contact person, Shirley Landa, referred her to Rick Ross; based on her endorsement of Ross, Tonkin retained him to deprogram her sons. At the time, Ross still performed forcible deprogrammings, a fact that Landa was aware of. Landa had had a longstanding relationship with CAN; she had founded its predecessor organization, and was a former member of CAN's board.


Deprogramming

To facilitate the deprogramming, Ross put together a two-man "security team". The three traveled to the grandmother's home, locked the two youngest children in the basement, and following several days of argument and lecturing, the boys gave up their Pentecostal beliefs. For deprogramming Jason, Ross demanded a larger fee, in view of the fact that he was powerfully built and legally an adult, increasing the risk of prosecution. Ross hired a
karate (; ; Okinawan pronunciation: ) is a martial art developed in the Ryukyu Kingdom. It developed from the indigenous Ryukyuan martial arts (called , "hand"; ''tii'' in Okinawan) under the influence of Chinese martial arts, particularly Fuj ...
black belt named Clark Rotroff to help with the operation. One evening, as Scott returned to the family residence, he was surprised by Ross's three associates, wrestled to the ground, and dragged into a waiting van. Scott struggled, but was held down and handcuffed by the three men, gagged with
duct tape Duct tape (also called duck tape, from the cotton duck cloth it was originally made of) is cloth- or scrim-backed pressure-sensitive tape, often coated with polyethylene. There are a variety of constructions using different backings and adhes ...
from ear to ear, and had his ankles tied with rope., as hosted on culteducation.com As he lay face down and with his cuffed hands beneath his body, one of the men, weighing 300 pounds, sat on top of his back. Scott's legs, upper body and back had sustained multiple bruises and abrasions from being dragged to the van across stairs, floors and a patio. Scott was driven to a beach cottage, where the rope around his ankles was loosened sufficiently to enable him to make steps. Ross and his partners walked him into the house, one of the men leading him on a
nylon Nylon is a generic designation for a family of synthetic polymers composed of polyamides ( repeating units linked by amide links).The polyamides may be aliphatic or semi-aromatic. Nylon is a silk-like thermoplastic, generally made from pet ...
leash, another holding his handcuffs. Ross and his partners had made the house a virtual prison; the windows were covered with thick nylon straps forming a mesh, to prevent escape. The two doors to the room where he was held were guarded. His captors also took his shoes and fitted the room with
motion detector A motion detector is an electrical device that utilizes a sensor to detect nearby motion. Such a device is often integrated as a component of a system that automatically performs a task or alerts a user of motion in an area. They form a vital ...
s. According to Shupe and Darnell's (2006) account of court testimony, Scott demanded that he be allowed to leave, and asked Ross whether he would try to make him change his religious beliefs. Ross was said to have replied that that was what he was paid to do. When Scott threatened Ross with criminal prosecution, Ross was said to have threatened Scott that he would handcuff him to the bed frame. Scott testified that he then endured five days of derogatory comments about himself, his beliefs, his girlfriend and his pastor, and diatribes by Ross about the ways in which
Christianity Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label=Hebrew/Aramaic ( AD 30 or 33), also referred to as Jesu ...
and conservative
Protestantism Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
were wrong. He was intimidated, forced to watch videos on cults and told his church was just the same. He said he was watched 24 hours a day. On every visit to the bathroom, he was accompanied by at least two men. Every day, Ross argued with Scott about matters of religion, without giving him a chance to say anything in return, often tapping him or hitting him on the head to underscore his points while Scott was being restrained or closely watched. Scott was told that he would only regain his liberty once the deprogramming had been concluded successfully and he had given up his beliefs. After four days, Scott began to pretend that he had changed his mind, feigning tears and remorse, in the hope that this would in due course give him a chance to escape. The final day of his imprisonment he spent watching films on
New Age New Age is a range of spiritual or religious practices and beliefs which rapidly grew in Western society during the early 1970s. Its highly eclectic and unsystematic structure makes a precise definition difficult. Although many scholars consi ...
religions and channeling, even though neither are related to Pentecostalism. Scott's plan ultimately worked; Ross, pleased with the apparent success of the deprogramming session, proposed that they all went out to meet with Scott's family for a celebratory dinner. In the restaurant, Scott was allowed to go the restroom by himself; he ran out and called the police, who arrested Ross and his companions on suspicion of unlawful imprisonment. Initially, the charges were dismissed.


Trials


Criminal

In 1993, two years later, criminal charges were brought against Ross and two of his associates for unlawful imprisonment during the deprogramming. At the trial, Ross's defense lawyer argued that Ross "was hired to deprogram Scott but that others who restrained Scott were not under Ross's control." The trial ended in acquittal for Ross. Jurors said "prosecutors had not proved Ross participated in restraining Scott." Grays Harbor County prosecutor Joe Wheeler said "he was surprised by the jury's verdict", arrived at after two hours of deliberation. Mark Workman and Charles Simpson pleaded guilty to the lesser charge of
coercion Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a des ...
and were sentenced to one-year jail terms, with all but 30 days suspended. The third associate, Clark Rotroff, also from Arizona, testified for the prosecution and was not charged.


Civil

In addition to the criminal trial, a
civil suit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
for damages was filed against Ross, the two convicted associates and CAN by
Kendrick Moxon Kendrick Lichty Moxon (commonly known as Kendrick Moxon) is an American Scientology official and an attorney with the law firm Moxon & Kobrin. He practices in Los Angeles, California, and is a lead counsel for the Church of Scientology. Moxon r ...
, a long-time member and counsel for the
Church of Scientology The Church of Scientology is a group of interconnected corporate entities and other organizations devoted to the practice, administration and dissemination of Scientology, which is variously defined as a cult, a business, or a new religious ...
, on behalf of Jason Scott. Moxon took the case '' pro bono.'' The case led to renewed debate on the deprogramming issue. At the trial, the jury was tasked to decide whether the defendants had violated Scott's civil rights, including the right "to practice and believe in the religion of his choice, free from force, violence, threats, retaliation or intimidation."
Anson Shupe Anson D. Shupe, Jr. (21 January 1948 – 4 May 2015) was an American sociologist noted for his studies of religious groups and their countermovements, family violence and clergy misconduct. He was affiliated with the New Cult Awareness Network, ...
appeared in the trial as an expert academic witness for Scott, giving testimony as to "the entrepreneurial nature of deprogramming and its origins in religious intolerance". Ross's defense lawyer argued that since Scott was powerfully built, it had made sense to bring along others "for security", but that Ross's role had been "limited to counseling and providing information". "Mr. Ross had no physical contact with Mr. Scott," his attorney said. "He did what he was intended to do – provide information." CAN's defense asserted that none of CAN's leaders or employees were aware of the deprogramming. In September 1995, a nine-member jury unanimously held the defendants liable for
negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as ...
and
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
to deprive Scott of his
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...
and religious liberties. In relation to the negligence charge, the jury attributed 70% of the total combined negligence to Ross, and 10% each to CAN and his two associates. In addition, the jury held the defendants, excluding CAN, liable for intentional infliction of emotional distress, finding they "intentionally or recklessly acted in a way so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community." The descriptions of the forcible nature of the kidnapping and deprogramming attempt seemed to have made an impact on the jury, who awarded $875,000 in
compensatory damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
to Jason Scott, and
punitive damages Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. ...
in the amount of $1,000,000 against CAN, $2,500,000 against Ross, and $250,000 against each of Ross's two co-defendants. The court found that CAN volunteers routinely referred callers to deprogrammers. After the jury decision, Scott said "he thought the amount of the award was justified." Moxon said he thought "the decision and the large award for punitive damages set an important precedent and would deter other religious deprogrammers."
United States District Judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
John C. Coughenour John C. Coughenour (born 1941) is a senior United States district judge of the United States District Court for the Western District of Washington. Before being appointed as a judge, Coughenour was a leading litigator with Bogle and Gates and has ...
pronounced the verdict "quite reasonable" and refused a motion to grant a new trial, stating: CAN tendered the claim to its insurance and the insurance company paid CAN the award. But instead of satisfying the judgment, CAN used the money to finance its appeal of the judgment. The three-judge panel of the
9th U.S. Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
upheld the award in April 1998, two of the three judges finding against CAN, with the third judge dissenting. In August 1998, the full 9th Circuit court voted against reconsidering the case. The
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...
rejected a final appeal by CAN in March 1999. Unable to pay the judgment from its remaining resources, and beleaguered by legal suits from other alleged victims and members (some of which were financed by the Church of Scientology), CAN declared bankruptcy in 1996. The Church of Scientology bought the CAN name all its assets from the bankruptcy trustee, as told in further detail below. Ross declared bankruptcy as well.


Outcome

In November 1996, the CAN name, logo and telephone number were bought in Bankruptcy Court by another Scientologist attorney, Steven Hayes, whose partner Timothy Bowles had at one time been partners with Moxon. According to Moxon, Scott had not collected any part of his judgment at that time, as both CAN and Ross had declared bankruptcy. In early December, Scott reconciled with his mother and settled with Ross for $5,000, and 200 hours of professional services to be supplied by Ross. Moxon filed unsuccessful emergency motions alleging that Scott must have been coerced, but admitted he had no proof of this. In December 1996, Scott replaced Moxon as his attorney with Church of Scientology opponent Graham Berry. The settlement between Scott and Ross was leaked to the ''
Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large na ...
'', which reportedly angered Scott. Berry, his new attorney, said that "it would be a mistake to assume that Scott's decision to make use of Ross' time was a vindication of Ross or his deprogramming methods," and refused to say what services Ross would supply under the agreement. Berry also pointed out that the Church of Scientology had "had a long-standing campaign to destroy the Cult Awareness Network" and asserted that the destruction of CAN had been in the interest of Moxon's main client, the Church of Scientology, rather than in Scott's interest. The Jason Scott case brought about the demise of the "Old CAN", marking the end of the cult wars in North America. Controversies surrounding
new religious movements A new religious movement (NRM), also known as alternative spirituality or a new religion, is a religious or spiritual group that has modern origins and is peripheral to its society's dominant religious culture. NRMs can be novel in origin or t ...
have continued, but the debate has mostly moved to other arenas than the courts. With the Scott decision, deprogramming came to an almost complete halt in North America, and the practice was largely given up in favor of voluntary
exit counseling Deprogramming is a controversial tactic that attempts to help someone who has "strongly held convictions," often coming from cults or New Religious Movements (NRM). Deprogramming aims to assist a person who holds a controversial or restrictive be ...
. After acquiring the CAN name and telephone number, the Church of Scientology established a "New CAN", which serves as an information and networking center on nontraditional religions; it is managed by former opponents of the "Old CAN". According to religion scholar
J. Gordon Melton John Gordon Melton (born September 19, 1942) is an American religious scholar who was the founding director of the Institute for the Study of American Religion and is currently the Distinguished Professor of American Religious History with the Ins ...
, head of the Institute for the Study of American Religion at UC Santa Barbara, "The Scott case virtually brought deprogramming to a halt in this country" "What this judgment does ... is cut the communication lines that allow deprogramming to go forward"Cult fighters' future in doubt; lawsuits: Group with controversial ties to deprogrammers files for bankruptcy and may be forced to shut down in wake of $1-million judgment. (1996, Jun 29). Los Angeles Times


See also

*
Anti-cult movement The anti-cult movement (abbreviated ACM, and also known as the countercult movement) consists of various governmental and non-governmental organizations and individuals that seek to raise awareness of cults, uncover coercive practices used to a ...


References


External links


Jason Scott (Plaintiff) v. Rick Ross et al. (Defendants), Case No. C94-0079C: Judge's Order dd. 29 Nov. 1995


{{DEFAULTSORT:Jason Scott Case 1995 in the United States Religiously motivated violence in the United States