Suit based on church-member letter may go on

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A letter written by a church member and circulated through another member's work e-mail address contains some allegedly defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those statements, the Indiana Court of Appeals ruled today.

In Rosalyn West v. Betty Wadlington, et al., No. 49A02-0809-CV-849, Rosalyn West filed a suit against fellow church members Betty Wadlington and Jeanette Larkins, and against the City of Indianapolis, which employed Larkins in the Indianapolis Metropolitan Police Department. West claimed an e-mail Wadlington wrote and sent to Larkins with a letter attached written by Wadlington to the church's boards of deacons and trustees about West and her behavior contained defamatory statements and was an invasion of privacy. Larkins, who received the e-mail at her work address, forwarded it to nearly 90 other people affiliated with the church.

The trial court dismissed the suit for lack of subject matter jurisdiction pursuant to Trial Rule 12(B)(1).

The Court of Appeals used the cases Brazauskas v. Fort Wayne-South Bend Diocese, Inc., 714 N.E.2d 253 (Ind. Ct. App. 1999), and Brazauskas v. Fort Wayne-South Bend Diocese, Inc. 796 N.E.2d 286 (Ind. 2003), - Brazauskas I and Brazauskas II - to determine summary judgment is the appropriate standard of review for this type of case and to conclude the trial court in the instant case had subject matter jurisdiction. The trial court has the general authority to hear matters such as West's claims for defamation and invasion of privacy, and the defendants' "religious defense" doesn't relieve the trial court of its subject matter jurisdiction, wrote Judge Paul Mathias. The defendants' affirmative defense based on the First Amendment may be grounds for granting a Trial Rule 12(B)(6) motion or if appropriate, a Trial Rule 56(C) motion, he wrote.

Wadlington and the other defendants argued West's claims can't be addressed by civil courts because to address her claims would require the courts to determine questions of religious doctrine; West argued not all of the statements were made in strictly ecclesiastical terms, so she should be able to proceed on those statements.

The appellate court agreed with West that some of the statements, such as saying she "attacked" a former pastor's family could be meant to be a physical attack, which is a crime, Judge Mathias wrote. In addition, describing West as a "one-woman wrecking crew" and having an "evil spirit" can be considered in a secular sense. The Court of Appeals even looked up the words "evil" and "spirit" in the dictionary to determine it could be considered defamatory in a secular sense.

"Wadlington's email, although it may have originally been intended to be viewed by Church officials, was sent to a much broader audience of eighty-nine recipients. This email clearly contains some religious accusations which cannot properly be analyzed by a civil court in a defamation suit. However, the email also contains several accusations which could be considered defamatory even in a purely secular context," wrote the judge.

The appellate court reversed the trial court dismissal of the suit for lack of subject matter jurisdiction and remanded the case for further proceedings.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.