40 ICSA TODAY
August 4. DeLong filed a similar suit on July 30. Both lawsuits
name the department’s CEO, COO, general counsel, and HR
director, in addition to the state and board of directors for the
Department of Mental Health, as defendants.
An attorney representing Poff and DeLong said they “...were
retaliated against for speaking out about wrongdoing.” Ms. Poff’s
lawsuit states that she “…and her investigators determined that
Narconon violated numerous state laws and recommended
that the facility be shut down by ODMHSAS. … Despite this
recommendation and the finalization of the reports, leadership
at ODMHSAS … repeatedly” took the position “that the
investigation was still pending...” and thus “…failed to protect
the interest of Oklahomans at the facilities…” and also was key in
their decision to terminate Poff and DeLong’s employment.
The World reported that a multicounty grand jury is investigating
the facility and has called state officials and at least one former
Narconon Arrowhead executive, Eric Tenorio, to testify. The
investigation reportedly revolves around insurance fraud. The
Department of Mental Health did not respond to a request from
the World for comment on the lawsuits’ allegations. (Tulsa World,
8/20/14)
Commissioners Approve Mediated Settlement Over
Narconon Expansion Plans
Hernando County, Florida commissioners on Tuesday accepted
a mediated settlement awarding $1.97 million to Narconon,
the operator of a Scientology-affiliated drug treatment center
in Spring Hill. The settlement apparently ends the legal fight
that erupted when the commission turned down the Suncoast
Rehabilitation Center’s proposal to expand from 22 to 54 beds in
2009. However, several commissioners then indicated they had
further questions and concerns about a story published almost
simultaneously with the mediation settlement in the Tampa
Bay Times. According to that story, Narconon had expanded
anyway after being turned down by the county, renting three
properties elsewhere in Spring Hill. None of the sites was licensed,
as state law requires, until after the Times sought comment
from operators about their licensing status. The Center director
subsequently applied for one site license, which the DCF issued
on a probationary basis.
Narconon and Toucan Partners, owner of the Cessna Drive
property, had sued the county in June 2011 for more than $6
million, alleging it intentionally discriminated against the facility,
violating the federal Fair Housing Act. The jury found the county
liable for discriminating against Narconon and awarded $74,490
in damages. Narconon appealed and won a new trial. The parties
went to mediation several weeks ago and reached the settlement.
The county’s insurance will pay all but a $5,000 deductible, which
the county paid some time ago.
The Florida Department of Children and Families, which has
licensed the center at 8231 Cessna Drive since it opened in 2008,
has not decided whether to conduct a formal investigation
into Narconon’s leasing of off-site properties. (Tampa Bay Times,
8/26/14)
Lawyer Clobbered on Verdict for Scientology
Issues of state vs. federal jurisdiction continue to influence
ongoing litigation between Florida attorney Kennan Dandar and
the Church of Scientology. In May, a federal judge refused to
enjoin the $1 million judgment against Florida attorney Kennan
Dandar, who represented the estate of Lisa McPherson in a suit
against the Church of Scientology in federal court in 2009, despite
a 2004 settlement agreement in a related civil suit that barred
Dandar from pursuing any other claims against Scientology.
Dandar first sued Scientology’s Flag Service Organization in state
court in 1997 for damages on behalf of McPherson, a member of
the Church of Scientology, who died of a pulmonary embolism
in 1995 while under the care of the Flag Service Organization in
Clearwater, Florida. First ruled a negligent homicide, the cause
of McPherson’s death was later changed from “undetermined” to
an accident. Subsequently, criminal charges against Scientology
were dropped.
McPherson’s family pursued civil claims against the church.
Attorney Dandar alleged that Scientology’s attorneys had used
their political connections to influence the outcome of the
proceedings in state court. In 2004, Dandar agreed to a settlement
that dismissed the McPherson lawsuit and barred him from
pursuing any other claims against Scientology.
But Dandar filed another wrongful-death lawsuit against the
organization in 2009, this time in federal court, and Scientology
sought to enforce the settlement agreement against him. A
Pinellas County judge ordered Dandar to withdraw from the new
wrongful-death lawsuit, and a state appellate court affirmed his
decision.
Dandar failed to withdraw from the action, and the state court
held him in civil contempt and ordered him to pay damages to
Scientology. The federal court presiding over the new wrongful-
death lawsuit enjoined the state-court proceedings, but the 11th
Circuit (federal) Court reversed and vacated that injunction in July
2011. A few months later, Dandar withdrew from the wrongful-
death action.
Conflicting jurisdictional rulings between state and federal
courts, new suits by Dandar against Scientology and its legal
representatives, and appeals of related decisions against Dander
had been ongoing up to the May 28 ruling by U.S. District Judge
Virginia Hernandez Covington. In her ruling, Covington included
various findings related to the complexities of the related state
and federal rulings and unresolved issues.
Covington ruled that federal courts could not interfere with state-
court proceedings where the state court had not yet entered a
final judgment, and that Scientology’s state-court action was
a civil proceeding involving “orders uniquely in furtherance of
the state court’s ability to perform its judicial functions,” which
warranted abstention under principles of federalism. The May 28
order states that interfering with a state court’s ability to impose
sanctions and fees for a party’s failure to comply with court-
ordered mediation agreements is an exceptional circumstance
that bars federal courts from interfering. She also ruled that, given
Dandar’s attempt to enjoin the execution of the March 2014 final
judgment, the state matter remains pending despite the entry of
that judgment.
August 4. DeLong filed a similar suit on July 30. Both lawsuits
name the department’s CEO, COO, general counsel, and HR
director, in addition to the state and board of directors for the
Department of Mental Health, as defendants.
An attorney representing Poff and DeLong said they “...were
retaliated against for speaking out about wrongdoing.” Ms. Poff’s
lawsuit states that she “…and her investigators determined that
Narconon violated numerous state laws and recommended
that the facility be shut down by ODMHSAS. … Despite this
recommendation and the finalization of the reports, leadership
at ODMHSAS … repeatedly” took the position “that the
investigation was still pending...” and thus “…failed to protect
the interest of Oklahomans at the facilities…” and also was key in
their decision to terminate Poff and DeLong’s employment.
The World reported that a multicounty grand jury is investigating
the facility and has called state officials and at least one former
Narconon Arrowhead executive, Eric Tenorio, to testify. The
investigation reportedly revolves around insurance fraud. The
Department of Mental Health did not respond to a request from
the World for comment on the lawsuits’ allegations. (Tulsa World,
8/20/14)
Commissioners Approve Mediated Settlement Over
Narconon Expansion Plans
Hernando County, Florida commissioners on Tuesday accepted
a mediated settlement awarding $1.97 million to Narconon,
the operator of a Scientology-affiliated drug treatment center
in Spring Hill. The settlement apparently ends the legal fight
that erupted when the commission turned down the Suncoast
Rehabilitation Center’s proposal to expand from 22 to 54 beds in
2009. However, several commissioners then indicated they had
further questions and concerns about a story published almost
simultaneously with the mediation settlement in the Tampa
Bay Times. According to that story, Narconon had expanded
anyway after being turned down by the county, renting three
properties elsewhere in Spring Hill. None of the sites was licensed,
as state law requires, until after the Times sought comment
from operators about their licensing status. The Center director
subsequently applied for one site license, which the DCF issued
on a probationary basis.
Narconon and Toucan Partners, owner of the Cessna Drive
property, had sued the county in June 2011 for more than $6
million, alleging it intentionally discriminated against the facility,
violating the federal Fair Housing Act. The jury found the county
liable for discriminating against Narconon and awarded $74,490
in damages. Narconon appealed and won a new trial. The parties
went to mediation several weeks ago and reached the settlement.
The county’s insurance will pay all but a $5,000 deductible, which
the county paid some time ago.
The Florida Department of Children and Families, which has
licensed the center at 8231 Cessna Drive since it opened in 2008,
has not decided whether to conduct a formal investigation
into Narconon’s leasing of off-site properties. (Tampa Bay Times,
8/26/14)
Lawyer Clobbered on Verdict for Scientology
Issues of state vs. federal jurisdiction continue to influence
ongoing litigation between Florida attorney Kennan Dandar and
the Church of Scientology. In May, a federal judge refused to
enjoin the $1 million judgment against Florida attorney Kennan
Dandar, who represented the estate of Lisa McPherson in a suit
against the Church of Scientology in federal court in 2009, despite
a 2004 settlement agreement in a related civil suit that barred
Dandar from pursuing any other claims against Scientology.
Dandar first sued Scientology’s Flag Service Organization in state
court in 1997 for damages on behalf of McPherson, a member of
the Church of Scientology, who died of a pulmonary embolism
in 1995 while under the care of the Flag Service Organization in
Clearwater, Florida. First ruled a negligent homicide, the cause
of McPherson’s death was later changed from “undetermined” to
an accident. Subsequently, criminal charges against Scientology
were dropped.
McPherson’s family pursued civil claims against the church.
Attorney Dandar alleged that Scientology’s attorneys had used
their political connections to influence the outcome of the
proceedings in state court. In 2004, Dandar agreed to a settlement
that dismissed the McPherson lawsuit and barred him from
pursuing any other claims against Scientology.
But Dandar filed another wrongful-death lawsuit against the
organization in 2009, this time in federal court, and Scientology
sought to enforce the settlement agreement against him. A
Pinellas County judge ordered Dandar to withdraw from the new
wrongful-death lawsuit, and a state appellate court affirmed his
decision.
Dandar failed to withdraw from the action, and the state court
held him in civil contempt and ordered him to pay damages to
Scientology. The federal court presiding over the new wrongful-
death lawsuit enjoined the state-court proceedings, but the 11th
Circuit (federal) Court reversed and vacated that injunction in July
2011. A few months later, Dandar withdrew from the wrongful-
death action.
Conflicting jurisdictional rulings between state and federal
courts, new suits by Dandar against Scientology and its legal
representatives, and appeals of related decisions against Dander
had been ongoing up to the May 28 ruling by U.S. District Judge
Virginia Hernandez Covington. In her ruling, Covington included
various findings related to the complexities of the related state
and federal rulings and unresolved issues.
Covington ruled that federal courts could not interfere with state-
court proceedings where the state court had not yet entered a
final judgment, and that Scientology’s state-court action was
a civil proceeding involving “orders uniquely in furtherance of
the state court’s ability to perform its judicial functions,” which
warranted abstention under principles of federalism. The May 28
order states that interfering with a state court’s ability to impose
sanctions and fees for a party’s failure to comply with court-
ordered mediation agreements is an exceptional circumstance
that bars federal courts from interfering. She also ruled that, given
Dandar’s attempt to enjoin the execution of the March 2014 final
judgment, the state matter remains pending despite the entry of
that judgment.
