Church of Scientology v. Gerald Armstrong
Encyclopedia
Church of Scientology of California v. Gerald Armstrong, (specific case citations below), was a lengthy series of lawsuit
s and other legal actions, primarily in the California
state courts, arising from Gerald Armstrong's departure from the Church of Scientology
(the "COS"). The COS argued that Armstrong, a former COS employee, improperly took private papers belonging to the Church, while Armstrong argued that he took the papers to protect himself from improper disciplinary proceedings and that the Church did, in fact, discipline him improperly.
Background: The COS filed an appeal seeking to overturn prior orders (1) dismissing its claims against Armstrong and (2) ordering that the court records in previous litigation be unsealed. (Armstrong, 232 Cal. App. 3d at 1063-66; 283 Cal. Rptr. at 918-20)
Holding:
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s and other legal actions, primarily in the California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
state courts, arising from Gerald Armstrong's departure from the Church of Scientology
Church of Scientology
The Church of Scientology is an organization devoted to the practice and the promotion of the Scientology belief system. The Church of Scientology International is the Church of Scientology's parent organization, and is responsible for the overall ecclesiastical management, dissemination and...
(the "COS"). The COS argued that Armstrong, a former COS employee, improperly took private papers belonging to the Church, while Armstrong argued that he took the papers to protect himself from improper disciplinary proceedings and that the Church did, in fact, discipline him improperly.
1969-81: Armstrong's discovery of COS documents and departure from the Church of Scientology
According to the August 10, 1984 judgment in the Armstrong litigation, the circumstances of Armstrong's departure from the Church are as follows. (The COS disputes this account and argues that testimony in other actions impeaches it).- Gerald Armstrong was a member of the Church of Scientology for 12 years, from 1969 to 1981. From approximately 1971 to 1981, Armstrong was a member of the Sea OrgSea OrgThe Sea Organization or Sea Org is an association of Scientologists established in 1968 by L. Ron Hubbard, the science fiction writer and founder of Scientology. Its members are found in the central management organizations of the Church of Scientology as well as in individual churches...
anization, an "elite group of Scientologists working directly under Church Founder L. Ron HubbardL. Ron HubbardLafayette Ronald Hubbard , better known as L. Ron Hubbard , was an American pulp fiction author and religious leader who founded the Church of Scientology...
." In 1979, Armstrong became part of Hubbard's "Household Unit" at Gilman Hot Springs, California. - In January 1980, COS representatives ordered that all documents at the Gilman facility showing Hubbard's control of Scientology organizations, funds, or property be shredded. While inspecting documents for shredding, Armstrong discovered a box of early Hubbard letters, diaries, and other writings. Armstrong requested and was granted authorization to conduct research for a planned biography of Hubbard, and ultimately discovered and preserved 500,000-600,000 documents.
- Armstrong became the research assistant for Omar Garrison, Hubbard's authorized biographer. During his work on that project, Armstrong began to note discrepancies between the information in the documents and Hubbard's previous representations. This led to a conflict with church officials.
- In November 1981, Armstrong wrote a report arguing for increased accuracy in published materials relating to L. Ron Hubbard and offering examples of previously published but inaccurate information.
- In December 1981, Armstrong and his wife left the Church, both as members and employees. Before leaving, Armstrong copied a number of Church documents, which he delivered to Garrison for use in the biography.
- Beginning in February 1982, the COS issued a number of documents declaring Armstong a "Suppressive PersonSuppressive PersonSuppressive Person, often abbreviated SP, is a term used in Scientology to describe the "antisocial personalities" who, according to Scientology's founder L. Ron Hubbard, make up about 2.5% of the population...
" and enemy of the Church and declaring Armstrong subject to the "Fair GameFair Game (Scientology)The term Fair Game is used to describe policies and practices carried out by the Church of Scientology towards people and groups it perceives as its enemies. Founder L. Ron Hubbard established the policy in the 1960s, in response to criticism both from within and outside his organization...
" doctrine. - Fearing for his life and safety, Armstrong retrieved a number of Church documents from Garrison and delivered them to his attorney.
Ruling
Church of Scientology of California v. Gerald Armstrong, 232 Cal. App. 3d 1060; 283 Cal. Rptr. 917 (Ct. App. 1991)s:Church of Scientology v. ArmstrongBackground: The COS filed an appeal seeking to overturn prior orders (1) dismissing its claims against Armstrong and (2) ordering that the court records in previous litigation be unsealed. (Armstrong, 232 Cal. App. 3d at 1063-66; 283 Cal. Rptr. at 918-20)
Holding:
- The court of appeals upheld the trial court decision dismissing the COS's claims against Armstrong. Although not previously discussed under California law, the court of appeals agreed with the trial court that Armstrong's fears for his life, safety, and the life and safety of his wife presented a self-defense justification to the COS claims of invasion of privacyInvasion of privacyUnited States privacy law embodies several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his or her private affairs, discloses his or her private information,...
and conversionConversion (law)Conversion is a common law tort. A conversion is a voluntary act by one person inconsistent with the ownership rights of another. It is a tort of strict liability...
. (Armstrong, 232 Cal. App. 3d at 1071-73; 283 Cal. Rptr. at 923-25). - The court of appeals reversed a lower court order unsealing the records from the original Armstrong proceeding. The court held that the original record was sealed with the consent of both parties, and, with retirement of the original judge, no subsequent judge had the authority to vacate or modify the order sealing the records. (Armstrong, 232 Cal. App. 3d at 1068-70; 283 Cal. Rptr. at 921-22).
- However, the court refused to seal the appellate record, holding that it was not bound by the original order sealing the lower court record and that no showing had been made sufficient to justify sealing the record of the appeal itself. (Armstrong, 232 Cal. App. 3d at 1070-71; 283 Cal. Rptr. at 923-24).
Post-litigation events
After this 1991 decision, COS sued Armstrong in 1995 and 2002 for allegedly violating the confidentiality agreement. A California appellate court awarded damages to COS of $321,923 and attorneys fees of $334,671.75 in 1995, and $500,000 in damages in 2004. The court noted that "Armstrong makes no claim that he has complied, or will ever comply, with the injunction" and that Armstrong claims to now reside in Canada. Church of Scientology v. Superior Court, not reported in Cal.Rptr.3d (Cal.App. 1 Dist.), 2-7 s:Church of Scientology International v. Superior CourtSee also
- Scientology controversyScientology controversySince the Church of Scientology's inception in 1954, numerous Scientologists have been involved in scandals, at times serving prison sentences for crimes, such as those committed in Operation Snow White...
- Fair Game (Scientology)Fair Game (Scientology)The term Fair Game is used to describe policies and practices carried out by the Church of Scientology towards people and groups it perceives as its enemies. Founder L. Ron Hubbard established the policy in the 1960s, in response to criticism both from within and outside his organization...
- Scientology and the legal systemScientology and the legal systemThe Church of Scientology has been involved in court disputes in several countries. In some cases, when the Church has initiated the dispute, question has been raised as to its motives. The Church says that its use of the legal system is necessary to protect its intellectual property and its right...
External links
- Gerald Armstrong's site discussing his legal allegations and containing copies of numerous court documents filed in connection with dispute