Commentary - Legal Actions involving the Church of Scientology

Last revised: February 19, 1997

Cataloged here, with explanatory discussion, are some of the judicial opinions in the many cases involving the Church of Scientology and its affiliated organizations. In many cases, the citations to the opinions are linked to copies of the actual opinions, either on this web site or elsewhere. Links to the opinions are provided as the material becomes available to me in electronic form. In some cases, portions of the case files are available.

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  • Allard, L. Gene, v. Church of Scientology of California, Civ. 45562, 58 Cal.App.3d 439, 129 Cal.Rptr. 797 (Court of Appeal, Second District, Division 2., May 18, 1976). Action brought by Gene Allard, former scientologist and Flag Banking Officer, for malicious prosecution for criminal charges filed by COS claiming Allard stole funds from the COS when he left. The COS cross-claimed for conversion of the stolen money. A jury awarded $50,000 in compensatory damages and $250,000 in punitive damages and found against the COS on its cross-claim. The appellate court upheld the judgment but reduced the punitive damage award to $50,000. The appellate court opinion discusses the "fair game" policy. This case is discussed at length in the COS Form 1023 submission to the Internal Revenue Service in 1993, in particular the fact that when Allard left the COS he took documents concerning COS finances, and took them directly to the IRS. In the submission, the COS claims that "the Church has long suspected" that Allard had been an IRS agent since he joined COS in 1969. Among the evidence they cite is the fact that Allard testified for the IRS in the 1981 trial which ultimately resulted in the recission of the COS tax exempt status.

  • Bridge Publications, Inc., et al. v. Vien, et al. Action brought against Enid Vien in the United States District Court for the Southern District of California (Docket No. CV 92-1539 H(M)) by Bridge Publications, Religious Technology Center and Church of Scientology International against Enid Vien for copyright infringement under federal law and trade secret misappropriation under the California trade secrets statute. Vien left the COS and started her own enterprise using scientology's "Advanced Technology" materials, and the plaintiffs sought an injunction against her use. The trial court found that the trade secret status of the materials had been established as a matter of law.

  • Church of Scientology v. Fishman and Geertz, No. CV 91-6426 HLH (Tx) (C.D. Cal.). Tort action brought against former scientologist Steven Fishman and his psychiatrist, Uwe Geertz, and later dismissed upon the motion of the plaintiff.

  • Church of Scientology of California v. Gerry Armstrong. Action brought by COSC against Armstrong, former scientologist, to recover documents taken by Armstrong when he left scientology. Armstrong counterclaimed. Mary Sue Hubbard intervened to assert her interest in the documents. The case was ultimately settled, resulting in a payment from COSC to Armstrong, and the imposition of a gag order on him. In subsequent proceedings the COSC enforced the gag order in contempt proceedings.

    Subquesent to the settlement in the case, the COS of C and Mary Sue Hubbard appealed from an order unsealing the file in the case, and from the finding that Armstrong's conversion of the documents was justifiable. The opinion at 283 Cal. Rptr 917, 232 Cal.App.3d 1060 (Cal Ct. App., 2d Dist. 1991) gives a helpful overview of the case.

    The Armstrong case is extensively discussed by the COS in its 1993 submission to the Internal Revenue Service. Among other things, the COS asserted that "Armstrong's fanatical hatred of Scientology ingratiated him with the LA CID [of the IRS] and earned him the status of IRS operative in an unlawful scheme to infiltrate and destroy the Church through, among other things, the seeding of Church files with forged or manufactured documents. " This theme is developed further in the IRS Form 1023 submission.

  • Church of Scientology of California v. Michael J. Flynn, No. 83-6494, United States Court of Appeals, Ninth Circuit. Action for defamation brought by COS of CA against Flynn, an attorney who represented former scientologists in lawsuits against the COS. The district court denied Flynn's motion to dismiss the action. Opinion, 744 F.2d 694 (9th Cir. 1984).

  • Church of Scientology of California v. Foley. Action for defamation against federal Department of Labor employees (Docket No. D.C. Civil 77-0495 in the United States District Court for the District of Columbia). Docket No. 77-2134, 640 F.2d 1335; 205 U.S. App. D.C. 364 (D.C. Cir. 1981)(upholding the District Court dismissal of the action).

  • Church of Scientology of California v. Richardson.Action brought by COS to enjoin FDA ban on import of E-Meters.

  • Church of Scientology of California v. James Siegelman, Flo Conway, J.B. Lippincott Co. and Morris Deutsch. Federal court action brought by COS of California and Founding Church of Scientology of Washington, D.C. against authors and publishers of book "Snapping: America's Epidemic of Sudden Personality Change," and a former scientologist, for defamation.

  • Church of Scientology of California v. Lawrence Wollersheim, Nos. B084686, B086063. Action brought by COS of CA against Lawrence Wollersheim, seeking to set aside the multi-million dollar verdict obtained by Wollersheim against the COS in Wollersheim v. Church of Scientology, on the grounds of newly-discovered evidence of bias on the part of the original trial judge. The complaint was dismissed under the California Anti-Slapp statute, and Wollersheim was awarded $130,000 in attorney fees. On appeal by the COS of CA, the California Court of Appeals upheld the dismissal of the action and the award of attorney fees, and held that Wollersheim was entitled to attorney fees for defending the appeal, the amount to be determined on remand to the Superior Court. Opinion, ___ C.A. ___ (Cal. Ct. App. 1996). According to a message posted on May 25 on alt.religion.scientology, the California Supreme Court has refused to hear the COS's appeal from the decision of the Court of Appeals, and immediately issued a remittur allowing Wollersheim's attorneys to proceed with efforts to collect the judgment.

  • Church of Scientology International, Citizens' Commission on Human Rights v. Eli Lilly & Co., PaineWebber Inc., and Ronald Nordmann. Action in federal court by COSI and CCHR against pharmaceutical company which manufactures Prozac, for libel; for allegations made concerning COSI and CCHR opposition to drug.

  • Church of Scientology International v. Time Warner, Inc., Time Inc. Magazine Company and Richard Behar. Action in federal court by COSI against Time Magazine, publisher and reporter for statements made in 1991 article "The Rising Cult Of Greed and Power."

  • Church of Spiritual Technology c.s. v. foundation XSFALL c.s.: Action by Church of Scientology to enjoin proliferation of the so-called "Fishman documents" on computers in the Netherlands. For more information, see The Internet Cases.

  • Church of Spiritual Technology v. United States, No. 581-88T, 26 Cl.Ct. 713, 70 A.F.T.R.2d (P-H) 5233 (Court of Claims 1992). This case was an appeal from a decisin rendered by the Commissioner of Internal Revenue refusing tax exempt status to the CST because it failed to establish that it was operated exclusively for tax exempt purposes. Note that the Church and the IRS came to terms following this opinion and the IRS granted tax exempt status in a non-public settlement which is being challenged in Tax Analysts v. Internal Revenue Service (see below).

  • Florida Bar v. Vannier. Action by the Florida Bar in which attorney Merrell Vannier was disbarred for ethical violations connected with his representation of the Mayor of Clearwater, Florida, Gilbert Cazares. The record upon which the disbarment was based showed that Vannier, a member of the Church of Scientology, was dispatched by the COS to Florida to spy on Cazares. Vannier offered to represent Cazares in his litigation against the COS, and then acted as an undercover agent for the COS, in violation of his ethical obligation to Cazares. During the same time period, Vannier used his position as an attorney to gain access to the files to the State Attorney General's Office, which was conducting an investigation of the local scientology organization. The Florida Supreme Court upheld the recommendation of the referee that Vannier be disbarred. Opinion, 498 So. 2d 896; 11 Fla. Law W. 621 (Fla. 1986).

  • Founding Church of Scientology of Washington, D.C., Inc. v. Webster. Federal court action against the F.B.I. alleging an extensive campaign of harrassment against scientology. The District Court for the District of Columbia dismissed the suit because of the failure of L.Ron Hubbard to appear for a deposition to inquire into his status as a managing agent for the organization. The United States Court of Appeals for the District of Columbia Circuit, Docket No. 85-5885, affirmed the dismissal by the District Court. 802 F.2d 1448 (D.C. Cir. 1986) [Note:Previously mis-cited here as 667 F.2d 117 (D.C. Cir. October 2, 1981]. In reviewing the evidence concerning Hubbard's status as a managing agent of the Church of Scientology (and thus his susceptibility to being deposed upon notice) athe court note Hubbard had presided over the Guardian Office which conducted the "Snow White" conspiracy (see United States v. Hubbard, et al., below), and had been named by the grand jury in that case as an unindicted co-conspirator. The court also referred to the Church of Scientology v. Commissioner, 83 Tax Court 381 (1985) (see above), in which the Tax Court upheld the denial of the organization's tax-exempt status in part based upon Snow White conspiracy.

  • Newly added... Founding Church of Scientology of Washington, D.C. v. Verlag. Libel action against author, editor and publisher of article in West German magazine Neue Revue. The U.S. Court of Appeals for the District of Columbia Circuit reversed the dismissal of the action by the District Court for lack of jurisdiction and forum non conviens. 536 F.2d 429, 175 U.S. App.D.C. 402 (June 1, 1976). The Circuit Court noted that there were "two virtually identical suits" in New York and California, dismissed on the same grounds, and other suits filed in West Germany (Wiesbaden and Munich) and in Holland and California). See COS of California v. Herold, No. C-66230 (California Superior Court, L.A.County), dismissed Mar. 12, 1974).

  • Hill v. Manning(July 20, 1995). Libel action brought by government prosecutor in Ontario, Canada who handled The Queen v. The Church of Scientology of Toronto, et al, against COS and its attorney, Manning, for defamation.
  • In re Search Warrant Dated July 4, 1977, For Premises at 2125 S. Street, Northwest. Action by the Founding Church of Scientology for the return of documents seized in the search of scientology headquarters in the District of Columbia.

  • Lyman D. Spurlock v. the Federal Bureau of Investigation, No. 94-55506, Opinion, ___ F.2d ___ (9th Cir. 1995) (No. CV-91-05602-R in the United States District Court for the Central District of California). Spurlock sought to require the FBI to produce documents exempt under the Freedom of Information Act which pertained to an investigation resulting from allegations by a third party that Spurlock, along with other members of the Church of Scientology, attempted to blackmail a federal district court judge. The FBI investigated and ultimately declined to prosecute. Spurlock contended that the allegations were made by Joseph Yanny, a former COS counsel, and Vicki and Richard Aznaran, based upon their depositions in other COS cases. The lower court ordered the FBI to disclose the exempt documents, but the Ninth Circuit Court of Appeals overturned the lower court order.

  • Missouri Church of Scientology v. James E. Adams. Action brought in Missouri state court in the 1970's, against the publisher of the St. Louis Post-Dispatch and two writers for libel, for a series of critical articles published about scientology. The case was dismissed at the trial level, and the Missouri Supreme Court upheld the dismissal. 543 S.W.2d 776 (Miss. 1976).

  • New Era Publications International, ApS v. Carol Publishing Grp. Action in federal court by New Era against Carol Publishing to enjoin publication of a biography of L.Ron Hubbard, "A Piece of Blue Sky," by Jonathan Atack, a former member of the Church of Scientology, claiming that material quoted in the biography infringed on New Era's copyrights in the works of L.Ron Hubbard.

  • The Queen v. Church of Scientology of Toronto, et al. (Ontario Court, General Division). This Canadian criminal case arose out of factual circumstances which took place in 1977 through 1983 in Canada, when church members infiltrated government and medical organizations and stole documents. This is one of a number of related legal actions involving scientology in Canada arising out of interrelated factual circumstances, including , Hill v. Manningabove. Select this link for further information on this case, in which the criminal proceedings which ensued from these events continued for over ten years and are ongoing, on appeal, as of September 1996. Scientology officials Jane Kember (convicted in the U.S. in the Snow White conspiracy, see United States v. Hubbard, et al, below) and David Miscavige testified at the trial, which ultimately resulted in the Church of Scientology of Toronto being convicted of breach of trust and sentenced to pay a $250,000 fine. This case is of current interest due to news reports that the Church and one of the defendants has filed an appeal from the criminal convictions on the ground that the jury pool, restricted by law to Canadian citizens, was not representative of the population.

  • Religious Technology Center v. F.A.C.T. NET, Inc., et al., U.S. District Court for the District of Colorado, Docket No. 95-B-2143. Copyright infringement and trade secret misappropriation brought in federal court by RTC against F.A.C.T.Net, Lawrence Wollersheim and Robert Penny. The action was commenced with the issuance of an ex parte writ of seizure under the U.S. Copyright Act. For further information, go to The Internet Cases.

  • Religious Technology Center v. Henson, Docket No. Case No. C-96-20271 (United States District Court for the Northern District of California). Federal copyright and state trade secret action brought against Keith Henson in connection with "NOTS" documents posted on the alt.religion.scientology newsgroup. For further information, go to The Internet Cases.

  • Religious Technology Center v. Lerma, et al., Docket No. 95-110 (U.S. District Court for the Eastern District of Virginia). Action brought in federal court against Arnoldo Lerma for copyright infringement and trade secret misappropriation. The action was commenced with the issuance of an ex parte writ of seizure under the U.S. Copyright Act. The Washington Post and two of its reporters were later added as defendants. For further information, go to The Internet Cases.

  • Religious Technology Center v. Netcom Online Communication Services, Inc., et al., et al., Docket No. C-95-20091-RMW (EAI) United States District Court for the Northern District of California. Copyright infringement action brought by RTC against Dennis Erlich, Tom Klemesrud, and Netcom. For further information, to The Internet Cases.

  • Religious Technology Center v. Ward, Docket No. No.96-20207 RMW (United States District Court for the Northern District of California). Federal court action against Grady Ward under federal copyright and state trade secret statutes, seeking relief against "GRADY WARD, his officers, agents, servants, employees, and attorneys, and to those persons in active concert or participation with him, including, but not limited to SCAMIZDAT." For further information, see The Internet Cases.

  • Religious Technology Center v. Scott AND Religious Technology Center v. Wollersheim, et al. Multiple related federal court actions brought in the Central District of California commencing in 1985 by RTC AND Church of Scientology International against against Robin Scott, Lawrence Wollersheim, David Mayo, the Church of the New Civilization and others concerning allegedly stolen COS religious scriptures. RTC v. Gerbode, a related case filed in the Northern District of California, was later transferred and consolidated with these. Docket Numbers as follows: The opinions rendered in these actions are as follows:

  • Tax Analysts v. Internal Revenue Service, Docket No. 94-CV-00220 (TFH) (U.S.District Court for the District of Columbia). Case brought by Tax Analysts, a nonprofit corporation which publishes tax information, against the Internal Revenue Service, under the Freedom of Information Act, seeking access to files concerning the settlement between the COS and its affiliate organizations and the IRS which resulted in the IRS recognition of the COS as tax-exempt under Internal Revenue Code section 501(a).
  • United States of America, Libellant v. An Article or Device, Docket No. 1-63, 333 F. Supp. 357 (D.C. D.C. 1971). Action brought by the Food and Drug Administration seeking nationwide condemnation of L. Ron Hubbard's E-Meter because of false scientific and medical promises for cure of illness. Judge Gesell ruled that the Church of Scientology could use the E-Meters only in connection with religious practices, and in accordance with labelling and other requirements imposed to make it clear to users that the device was to be used only in religious activity and that it was not medically or scientifically capable of improving health or bodily functions.

  • United States v. Mary Sue Hubbard, Henning Heldt, Duke Snider, Richard Weigand, Gregory Willardson, Cindy Raymond, Mitchell Hermann a/k/a "Mike Cooper," Gerald Bennet Wolfe, and Sharon Thomas. Criminal No.78-401 (U.S.District Court for the District of Columbia). Federal criminal prosecution resulting in guilty plea by all defendants, and sentences of incarceration. Mary Sue Hubbard was the wife of scientology founder L.Ron Hubbard; the other defendants were high-ranking officials in the scientology organization. The code name for the operation undertaken by the scientologists was "Snow White."

  • United States v. Frank S. Zolin. . In connection with a tax investigation, the United States brought an action in the United States District Court for the Central District of California to compel the production of documents in the custody of the clerk of the California state court (Frank S. Zolin, the nominal defendant) in Church of Scientology of California v. Armstrong. The plaintiff, Church of Scientology of California and Mary Sue Hubbard, wife of L.Ron Hubbard, intervenor, objected to the production of the documents on various grounds, including relevance and attorney client privilege.

  • Wollersheim v. Church of Scientology of California. State court damages action brought by former church member Lawrence Wollersheim against Church of Scientology International for intentional and negligent infliction of emotional harm for imposing religious practices upon him against his will. A jury verdict in the amount of $30 million was rendered by the trial court. Back to TOP