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:375 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
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.
Awful and very strange, but I don't understand the lawsuit.
The Southern Poverty Law Center? Oh puhllllllllleeeeeeeezeeeeeeee! The crook who runs that (Morris Dees) is as bad as Fred Phelps.
Victim of Smear Campaign Gets Even With Morris Dees
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By James P. Tucker Jr.
Morris Dees, who makes a lucrative career out of smearing many decent U.S. organizations, was visibly shaken at what he expected to be a “sweetheart” event when a pro-Southern group on his hit list challenged him on his lurid past, The Times Examiner of Greenville, S.C., reports.
Dees spoke at the University of South Carolina’s “Carolina Productions Lecture Series,” a student-run campus organization, on Feb. 27. An estimated 300 people, including more than 30 law enforcement personnel, attended. Some professors ordered students to attend; some gave extra credit for attending. Considering how embarrassing it proved for Dees, his faculty cheerleaders probably regret such pressure.
Dees labeled the League of the South as “racist” and “terrorist” in publications put out by his Southern Poverty Law Center (SPLC) and public statements.
But the League is “racially neutral with members of different races,” said Lexington attorney Larry Salley, a member of the board.
H.K. Edgetton of Black Mountain, a black man noted for supporting southern heritage, called Dees a “poverty pimp” during the question-and-answer period.
But it was Salley who had the most fun with Dees.
“Salley prepared and passed out a well-documented brochure that appeared to be the official program, featuring Dees’s photograph and the statement ‘With Justice for All’ on the cover,” The Times Examiner reported.
Inside, after the anticipated Dees-friendly words, the brochure transitioned into the harsh facts with footnotes citing the source of the material. Dees disciples, in blissful ignorance, helped hand out the brochures.
One of the 14 documented statements is from Harper’s magazine:
“The cover story of Harper’s magazine’s November 2000 issue exposed the SPLC’s alarmist fund-raising tactics with which it raises large sums that are not used to help those it purports to serve. The Southern Center for Human Rights’ Stephen Bright charged that [Dees] is a fraud who has milked a lot of very wonderful, well-intentioned people. If it’s got headlines, Morris is there.”
Quoting from the Alabama Court of Civil Appeals, CIV2114 (1979), the brochure says:
“Of all the damning indictments against Morris Dees, the worst comes from his closest connection. He was sued by his ex-wife, Maureene Bass Dees, who alleged that he had committed incest with his stepdaughter and future daughter-in-law.”
“When Dees saw the program he was visibly shaken,” the paper quotes Salley. “I stood up and asked him why 55 percent of the SPLC’s income went into his pocket, and he tried to shout me down. Then other members of our group tried to ask him similar questions, and they shut down the question-and-answer period.”
Carolina Productions “is taxpayer funded and in the past they have had groups such as transvestite exotic dancers,” Salley said.
The following night Dees spoke at Western Carolina University where about 200 attendees received the same brochure.
Dees refused to comment on the well-deserved roasting he took.