Title: Funeral protest lawsuit: Westboro Baptist Church to pay $5M, not $10.9M Source:
www.eveningsun.com URL Source:http://www.eveningsun.com/localnews/ci_8174672 Published:Feb 8, 2008 Author:RICK LEE Post Date:2008-02-08 03:38:30 by Ferret Mike Keywords:None Views:437 Comments:11
Maryland District Court Judge Richard D. Bennett rejected the post-trial motions of the Rev. Fred Phelps, two of his daughters and his Kansas-based Westboro Baptist Church on Monday but did cut the federal jury award to the father of U.S. Marine Lance Cpl. Matthew Snyder from $10.9 million to $5 million.
In his 55-page opinion and order, Bennett affirmed the jury's verdicts against Phelps, the church, Shirley Phelps-Roper and Rebekah Phelps-Davis for invasion of privacy and intent to inflict emotional distress.
In October, the jury awarded Albert Snyder, a Spring Garden Township resident, $2.9 million in compensatory damages and $8 million in punitive damages for the church members' actions at his son's funeral in Westminster, Md., in 2006.
On Monday, Bennett ordered the compensatory damages to stand while reducing the punitive damages to $2.1 million. Bennett explained his decision partially resulted from the defendants' ability to pay the lesser amount.
Sean Summers, the York lawyer who represented Albert Snyder
free of charge, said they were "very happy" with Bennett's "thorough" analysis of the case "which is very favorable to us." He said they had expected Maryland case law would result in a reduction of punitive damages.
During the trial, Summers said, the defendants "disclosed $1 million in assets." He said he suspected that amount to be higher "but we don't think they have $5 million either."
Summers said bankrupting a defendant is not an acceptable legal intent, but "one of Mr. Snyder's goals has been to prevent them from terrorizing other families."
Lance Cpl. Snyder was killed March 3, 2006, in Iraq when his Humvee overturned as he was protecting a convoy. During his funeral a week later, Phelps and others held up signs that thanked God for dead soldiers and derided homosexuality. They told reporters they believed soldiers' deaths were the deserving result of America's tolerance of homosexuality.
"If we take all of their assets, then they won't be able to do that anymore," Summers said.
The jury had awarded Albert Snyder $1.5 million in punitive damages from each of the defendants. Bennett reduced that amount to $300,000 from Phelps, $1 million from Westboro Church, $600,000 from Phelps-Roper and $200,000 from Phelps-Davis.
Bennett deferred ruling on the defendants' request to postpone payment of the award pending their appeal before the Maryland Fourth Circuit Court of Appeals. In accordance with Maryland court rules, defendants are required to post a bond equal to 120 percent of the award. The Phelps have asked for a waiver of the bond.
Bennett said he was "not inclined" to grant the postponement until the Phelps can establish "their ability" to post the bond "or other means to secure the total judgement."
Summers said posting the bond would be favorable to Snyder if the defense appeal fails.
"If we prevail on appeal, we collect the bond and we don't have to chase them for the money," he said.
Fred Phelps clashes with Rick Sanchez over Snyder verdict
Who cares if they don't? Freddie Phelps went from beating his wife and kids black and blue to beating up on homosexuals when he could no longer do it and had the same desire to victimize.
He also talks about his fight for civil rights for Negroes and it is well established he has a low regard for anything not White. He is a liar and a hypocrite.
The First Amendment works because one is responsible for their speech. He has no real point to make at these funerals, he just gets off on the torture of those grieving for their lost loved ones.
He also has picketed people he has targeted for personal reasons at their home and at work, and fishes for someone to physically assault him and the members of his kin that suffer from the Stockholm Syndrome and live in denial about the mental affliction of their patriarch.
I have no pity for Phelps, and the original award of approximately 10 million was fine with me.
IF he keeps doing what he is doing I hope he gets sued again and loses again. Lawsuits is a classic Fred Phelps tactic, he is only getting what he does done to him.
And like any bully, he hates it when people fight back and win.
You may have misunderstood my post. I think Fred Phelps is low and is certainly not representative of any Christian I know. He does a disservice to God with his tactics. Having said that I think anyone who believes he has anything like 5 million dollars is probably not wound too tight.
"You may have misunderstood my post. I think Fred Phelps is low and is certainly not representative of any Christian I know. He does a disservice to God with his tactics. Having said that I think anyone who believes he has anything like 5 million dollars is probably not wound too tight."
I've sued and won against an indigent person before and didn't get paid until their Dad died and their inheritance had to clear probate.
I didn't care though, as I would have just as been happy to keep their credit rating in the dumpster. It wasn't money I was after really, and the same is with the people who filed this lawsuit. The person I went after had seen a special on blackfooted ferrets and thought my European ferrets's sable coloring marked them as this rare North American mammal.
This junkie broke my car window and stole my pets. I got them back with allot of footwork when they tried to sell them at a pet store. Frankly, this person is very lucky to even be alive. IF I had caught this person in the act, things would of been very ugly.
I don't think anyone cares whether Fred boy here can pay or not, or even has five million dollars. You miss the point.