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Suit Against Scientology Creates Conflict Between State and Federal Judges

By Howard M. Friedman

Saturday's St. Petersburg (FL) Times reports on an unusual clash between a state and a federal court judge in a case involving the Church of Scientology. Six years ago, attorney and vocal critic of Scientology, Ken Dandar, settled a state court wrongful death suit he brought against the Church of Scientology on behalf of the family of Lisa McPherson. She died in 1995 after being under the care of Scientology members for 17 days. As part of the settlement, Dandar agreed never to take another case against the Church of Scientology. However last year, Dandar filed a suit in federal court against Scientology's Flag Service Organization and the twin sister of Scientology's world leader, David Miscavige. Church attorneys claimed this violated the earlier settlement agreement, and state court Circuit Judge Robert Beach agreed. He ordered Dandar to withdraw from the federal case.

In response, Dandar filed a motion to withdraw, but attached an affidavit from his client asking that Dandar stay on because no other attorney will take the case. Federal district judge Steven Merryday decided that Dandar had not violated the settlement agreement and refused to allow him to withdraw. In response, state court judge Beach held Dandar in contempt and imposed a judgment of $130,000 to be paid to the Church of Scientology. Scientology's attorney said that Dandar could have gotten off the federal case by filing an affidavit claiming a conflict of interest. This angered federal Judge Merryday who saw it as an attempt to deceive the court. So he got Scientology's attorney and Dandar to agree to stop all proceedings in state court, including attempts to collect the judgement, until both sides can present full arguments in federal court. State court judge Beach says he does not think that a federal district court has jurisdiction to overturn his contempt finding.

Full post as published by Religion Clause on September 05, 2010 (boomark / email).