Fishman's Malicious Prosecution Complaint

a.r.s., 25 Dec 1995



Steven Fishman
12980 S. W. 48th Street
Fort Lauderdale, Florida 33330-2339
(954) 434-9777

Plaintiff Pro Se
In Propria Persona

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES

No. BC 122 468

UWE GEERTZ and STEVEN FISHMAN
Plaintiffs,

vs.

CHURCH OF SCIENTOLOGY INTERNATIONAL; BOWLES AND MOXON; MORRISON, COHEN, SINGER & WEINSTEIN; TIMOTHY BOWLES; KENDRICK MOXON; ROBERT WEINER; QUINN, KULLY AND MORROW; JOHN QUINN; JONATHAN LUBELL; DAVID MISCAVIGE; ROBERT WEINER; EUGENE INGRAM; DOES 1 TO 100.
Defendants.

SECOND AMENDED COMPLAINT FOR MALICIOUS PROSECUTION; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; INTENTIONAL INTERFERENCE WITH CONTRACT TO DEPRIVE OF RIGHT TO COUNSEL; INTENTIONAL INTERFERENCE WITH THERAPEUTIC RELATIONSHIP WITH PSYCHOLOGIST.

GENERAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

  1. At all times mentioned herein, Plaintiff STEVEN FISHMAN lives and works in the State of Florida.
  2. At all times mentioned herein, Defendant Church of Scientology International ("CSI") is a California corporation which has its principal place of business in the City of Los Angeles, State of California.
  3. CSI is one corporate component of the larger empire of corporations and organizations which in the aggregate are referred to as Scientology.
  4. At all times mentioned herein, Defendant David Miscavige was the managing agent of CSI, and the supreme commander of all Scientology.
  5. At all times mentioned herein, Defendant Bowles and Moxon was a law firm whose offices are located in the City of Hollywood, County of Los Angeles, State of California. Bowles and Moxon is part of the Office of Special Affairs of CSI.
  6. At all times mentioned herein Defendant Timothy Bowles was a partner of Bowles and Moxon.
  7. At all times mentioned herein Defendant Kendrick Moxon was a partner of Bowles and Moxon.
  8. At all times mentioned herein Defendant Robert Weiner was an employee of Bowles and Moxon.
  9. At all times mentioned herein Defendant Quinn, Kully and Morrow was a law firm whose offices were in the City and County of Los Angeles, State of California.
  10. At all times mentioned herein Defendant John Quinn was a partner in Quinn, Kully and Morrow.
  11. At all times mentioned herein Defendant Morrison, Cohen, Singer and Weinstein was a law firm whose offices were located in New York City, New York.
  12. At all times mentioned herein Defendant Jonathan W. Lubell was a partner of Morrison, Cohen, Singer and Weinstein.
  13. At all times mentioned herein Defendant Eugene Ingram was the owner of Ingram Investigations, whose offices were located in Los Angeles, California. Eugene Ingram doing business as Ingram Investigations has been the lead investigator for the Office of Special Affairs of the Church of Scientology in Church of Scientology vs. Steven Fishman and Uwe W. Geertz, United States District Court, Central District of California, Case Number CV -91-6426-HLH(Tx).
  14. This court is the proper court for this action because at least one defendant resides in its jurisdictional area, the principal place of business of CSI is within its jurisdictional area, and the injury to Plaintiffs took place within its jurisdictional area.
  15. Prior to May of 1991, Defendants CSI and David Miscavige ("Miscavige") targeted Fishman as an enemy of the Scientology organization, termed him a "Suppressive Person", who was considered a danger and a threat to the Scientology organization because he had and knew information which could potentially lead to the arrest and conviction of Scientology staff members for their complicity and their managerial role in a securities class action fraud scheme for which Mr. Fishman was arrested and convicted; and because he had and knew information which could potentially create embarrassment and negative publicity for CSI and for its component Scientology organizations generally. Pursuant to Scientology policy and practice a Suppressive Person is Fair Game, which means that he can be lied to, tricked, sued, or otherwise destroyed by any Scientologist without said Scientologist incurring any adverse sanction from any Scientology organization.
  16. Prior to May of 1991, Defendants Bowles and Moxon, Timothy Bowles, Kendrick Moxon, Robert Weiner, Quinn, Kully and Morrow, John Quinn, Morrison, Cohen, Singer and Weinstein, Jonathan Lubell (collectively referred to as the "Attorney Defendants") were aware (1) that Scientology had labeled Fishman an enemy and declared him to be a Suppressive Person, which (2) subjected him to the dirty tricks known as Fair Game. Said Attorney Defendants were further aware that frivolous and harassive litigation was an integral, critical part of Scientology's Fair Game policy and practice.
  17. Prior to May of 1991, Defendants, and each of them, decided to punish Fishman for being such a Suppressive Person by actively seeking to prevent his release from Federal prison, by ordering a Miami Scientologist named Luis Martinez to assassinate Mr. Fishman while at the Federal Correctional Institution at Tallahassee, whereupon Mr. Martinez fashioned a screwdriver into a knife or "shank" as reported to Fishman by Captain Grammont of the prison on July 3, 1991, which caused both Fishman and Martinez to be placed in solitary confinement while the crime was being investigated by the Captain and the Special Investigative Services Lieutenant, after which Fishman was released in nine days while Martinez was held in solitary confinement for one hundred twenty days; and further by engaging in illegal and felonious intelligence activities against Fishman by hiring and directing a private investigator by the name of Peter Comras of Alexandria, Virginia to gain access to the visiting room at the Federal Correctional Institution at Tallahassee under false pretenses (a Federal crime), claiming to Fishman's Counselor Phil Smith at the prison that he was an agent of the Israeli government investigating the criminal activities of Scientology in Israel, and thereafter falsely swearing to prison officials in the visiting room, and lying to them as to the true nature and purpose of his interview with Fishman, which was to gather information for the Office of Special Affairs, for CSI, for David Miscavige and for the Attorney Defendants named herein, in order that they (1) provide or manufacture information based on Scientology's policies of "acceptable truth" leading to the malicious prosecution of litigation as further herein alleged and that they (2) provide or manufacture information based on Scientology's policies of "acceptable truth" which would inhibit, prevent, impede or delay the release from prison of Mr. Fishman, as further herein alleged. In doing the things hereinafter alleged, each defendant was the agent and / or employee of one another and acted with the knowledge and / or complicity and / or approval and / or consent and / or ratification of each of the other co-defendants.
  18. Prior to May 1991, Steven Fishman was a Lifetime Member of the International Association of Scientologists, and owned one of the largest collections of Scientology books, tape cassettes, reel to reel tapes, staff packs (job descriptions), bulletins and policy letters in the world, purchased with the proceeds of the securities class action stock fraud scheme which Fishman was trained and instructed to do by staff members and various other officials employed by the Church of Scientology, including Peter Letterese, Fred Hare, Frank Thompson, Leah Abady, Leona Grimm, Ray Jourdain and others. In order to motivate Mr. Fishman to increase his "stats" or production of the phony securities claims, Scientology auditors (counselors and/or ministers of the Church of Scientology), including but not limited to Peter Letterese, Barbara Fawcett Letterese, Nancy Witkowski, Fran Hardy Andrews, Leah Abady and Catherine Fox, through the particular Scientological hypnotic mind control auditing techniques known as "reverie", "boil-off" and "anaten", brainwashed Mr. Fishman into believing that he had been the biological father of Jesus Christ in a past life, and that Christ was the evil reincarnation of the Emperor Xenu, a mythological figure in Scientology folklore or "scriptures" who had been allegedly responsible according to L. Ron Hubbard, the science fiction writer / founder of the Scientology cult for transporting trillions of souls or "thetans" to Earth in order to populate the planet as a prison colony. This destructive thinking or ideation which had been implanted in Mr. Fishman by Church officials exacerbated Mr. Fishman's pre-existing clinical diagnosis of schizophrenic reaction, chronic undifferentiated type, severely harming him psychologically and augmenting his mental illness.
  19. Prior to and subsequent to May 1991, Dr. Geertz treated Steven Fishman as a patient. On or about February of 1987, Fred Hare, Nancy Witkowski and various other officials of the Church of Scientology Mission of Fort Lauderdale convinced Mr. Fishman through the aforementioned brainwashing techniques that Dr. Geertz had been a concentration camp guard at Auschwitz and was responsible for the death of Mr. Fishman's two year old daughter allegedly named Rivkalleh Kusvitz in a previous life of Fishman's, albeit during the younger years of Geertz's current lifetime. As a result of these and other manipulations of Scientology staff members, coupled with his own vacillating mental illness, Mr. Fishman accepted Fred Hare's instructions to murder Dr. Geertz which were to pour cyanide into a gallon jar of orange juice which was customarily kept in the refrigerator at Dr. Geertz's downtown Fort Lauderdale office, and subsequently offer it to Dr. Geertz. Warehouse Manager of the Church of Scientology of Miami Charlie Fox gave Fishman one and one half ounces of quality cyanide powder which was manufactured by the American Cyanamid Corporation and which was stored in the warehouse at the Miami Church. This plot to murder Geertz was fortunately and timely unearthed by Dr. Geertz in a hypnotic catharsis session with Fishman. Church officials, including Fred Hare, the Organization Executive Secretary and Mission Holder of the Fort Lauderdale Mission of Fort Lauderdale, wanted Dr. Geertz dead because they feared and assumed that Dr. Geertz knew the details of the securities class action fraud scheme, which according to Ethics Officer Doris Hare could have potentially led to the arrest and conviction of the Church officials who trained Mr. Fishman, and who accepted money garnered from the proceeds of the illegal activity toward the payment of goods and services within the various Scientology churches who sold merchandise and services to Mr. Fishman. In light of the fact that one of the Church officials who had trained Mr. Fishman, Peter Letterese, had been declared a "Suppressive Person" in his own right for misappropriation of Church funds and for holding preclears (students of Scientology) back from going to a higher level organization for further auditing and training, as well as subsequently for conducting a scam along with another Scientologist named Pat Clouden in the Way To Happiness Campaign, Fred Hare believed that Peter Letterese was a danger to the Church as he could potentially testify against the Church, and a decision was made by defendants to later rehabilitate Letterese and cancel the "Suppressive Person Declare" (declaration), deciding that it was the lesser of two evils to forgive Letterese rather than risk having him testify against Church officials for his part in Operation Acting Classes.
  20. In February of 1987, Church employee Reggie Monce broke through the roof of Dr. Geertz's office and stole Mr. Fishman's psychological file at the direction of Fred Hare, in order to determine how much Mr. Fishman had told his psychologist regarding the Church's managerial role in the securities class action fraud scheme.
  21. Just one week prior to Mr. Fishman's arrest by the FBI, he was sent to Spain on a covert operation, whereupon he was ordered by defendants to take certain substitute corporate resolutions to a branch of the Scientology organization entitled Narconon Iberia, as part of a massive Church effort to obstruct justice in Spain, relating to the Spanish government's criminal investigation against Scientology there, for which Church of Scientology President Heber Jentzsch was subsequently arrested and jailed in Spain, and who to this very day evades return to that country.
  22. Prior to May 1991, and while a patient of Dr. Geertz, Church officials working within the Office of Special Affairs of the Church of Scientology, including but not limited to Beverly Flahan and Humberto Fontana, directed Mr. Fishman to wiretap Dr. Geertz's office by placing listening devices under the reclining patient's chair, directed Mr. Fishman to copy down the license plate numbers of Dr. Geertz's patients in his parking lot, in order to later contact these other patients in order to discredit Dr. Geertz by telling them that Dr. Geertz was a Nazi war criminal who was laundering drug money, and that he had fondled his female patients. In the presence of Mr. Fishman, Fred Hare contacted Dr. Geertz's tenant and told him not to pay Dr. Geertz for the same reasons. Fred Hare also ordered Reggie Monce to loosen the lug nuts on Dr. Geertz's automobile tires in the hope that he would get into a traffic accident and die. By making him knowledgeable about a potential crime against his psychologist and involving Mr. Fishman in this hate crime campaign against Dr. Geertz, officials of the Church of Scientology interfered with the relationship between therapist and patient, over and above the psychological harm they caused Mr. Fishman by encouraging him to betray his psychologist. During the years of his active participation in Scientology's criminal activities, Steven Fishman was ordered by Director of Special Affairs Beverly Flahan and Citizens Commission on Human Rights Chairman of Miami Linda McPhee to attend "Psychbusts", or protest demonstrations at key psychological, psychiatric and medical conventions in the Miami area, and was told to spit at psychologists and psychiatrists while they were crossing the street, and to stuff rags and fruit into the tailpipes of their cars ("tailpiping") in order to give them carbon monoxide poisoning so they would die. Through these "practical drills" and by running a repetitive auditing process in Scientology known as "reach and withdraw", Mr. Fishman was manipulated and pre-conditioned to accept without hesitation the idea of murdering his psychologist, Dr. Geertz.
  23. Prior to May 1991, Steven Fishman had been subjected to Black Dianetics or reverse processing for the purpose of driving him insane and providing a built-in method of plausible deniability which would facilitate Scientology's attenuation from its control of him.
  24. Prior to May 1991, Church officials Leona Grimm, Leah Abady and Ethics Officer Frank Thompson, all employed at the Church of Scientology of Miami, ordered and encouraged Mr. Fishman to do an End of Cycle, or ("EOC"), which is Church jargon for suicide. Church officials, including Leona Grimm told Mr. Fishman "to take a short term loss on his current lifetime in order to get a long term gain on his immortality as a thetan (soul)." Ethics Officer Frank Thompson told Mr. Fishman that if he failed to carry out the End of Cycle, he would have to spend eternity at "Negative Tone Thirty on the Tone Scale", and would be trapped inside a rock in deep space for the rest of eternity to reflect upon his "overts and withholds" (sins) against the Church of Scientology. Dr. Geertz had to do a crisis intervention in order to prevent Mr. Fishman from taking his own life at the orders and direction of Frank Thompson and other officials of the Church, which also included Senior Sea Org Recruiter Jan Logan at the Flag Land Base in Clearwater, Florida, who Fishman referred to in his brainwashed state as his "other mother" to Dr. Geertz in various therapy sessions. Fishman eventually had to be institutionalized in the lockdown ward of the Hollywood Pavilion, an inpatient psychiatric facility, where he was treated by Dr. Geertz, as well as by a psychiatrist, Dr. Engin Aksu. He spent five weeks in this asylum from February 13, 1989 until March 20, 1989, after he began to respond to treatment and was thoroughly prohibited under guard from contacting Scientology officials during that length of time, much like a recovering addict.
  25. Prior to May 1991 while Fishman had been a member of the Scientology organization, certain officials of Scientology directed Fishman to participate in certain fraudulent activities involving the filing of false claims in securities class action litigation. Said operation was called Operation Acting Classes by Church officials including Peter Letterese, Barbara Fawcett Letterese, Denise Franklin Monce Macha, Fred Hare, Dori Hare, Michael Hambrick, Ray Jourdain, Leah Abady, Leona Grimm, Frank Thompson and others, who trained, instructed and supervised Mr. Fishman in the execution and carrying out of these illegal acts. Mr. Fishman was ordered to file the claims under aliases or false names, and then to purchase Scientology goods and services with the proceeds of the crimes. On several occasions, the illegal checks and securities were mailed to Steven Fishman in his own name at 427 North Andrews Avenue, Fort Lauderdale, Florida 33301, which was the address of the Church of Scientology Mission of Fort Lauderdale.
  26. Fishman was untimely prosecuted by the U. S. Attorney's Office and convicted of mail and wire fraud with respect to fraudulent claims in securities class action litigation in United States v. Fishman, U.S. District Court, Northern District of California, CR88-0616-DLJ.
  27. During the course of the criminal prosecution against Fishman, Fishman was ordered by Church of Scientology of Miami Ethics Officer Frank Thompson to plead guilty to the criminal charges, and to fire his criminal attorney, Marc Nurik. Mr. Fishman's father, in whose custody Mr. Fishman was placed by Pre-Trial Detention Officer Ron Nuby, refused to permit Mr. Fishman from firing his own attorney. Nevertheless, Church officials made every attempt to interfere with Mr. Fishman's relationship with his criminal attorney, and to sabotage his own defense, in order to render Mr. Fishman less credible as a defendant and effectively derail the FBI investigation into the Church's involvement in the fraud. Church of Scientology Ethics Officer Frank Thompson created an elaborate reverse sting operation wherein he told Mr. Fishman to send harmless chemicals to himself and then tell the FBI that the Church was to blame for sending "poisonous aerosol cans" to him in order to kill him, knowing all the while that the chemicals were cleaning solvents and that Fishman would appear to frame the Church for the crime. Frank Thompson also ordered Mr. Fishman to send a death threat to his own attorney, Marc Nurik, and then tell the FBI that the Church had sent the death threat, knowing all the while that the FBI was going to check for fingerprints and find only those of Mr. Fishman on the documents. Frank Thompson also commanded Mr. Fishman to pay a drifter named Shane Johnson the sum of $ 43.00 to call Mr. Fishman from a pay phone at a Denny's Restaurant, located one block away from the Church of Scientology's offices in Miami, pretending to be a Scientologist named "Scott" who "hypnotized" Mr. Fishman and threatened Dr. Geertz's life, simultaneously recording that conversation on tape and ordering Fishman to turn it over to the FBI, knowing full well that the FBI would examine the tape and readily discover that Mr. Fishman was pretending to be hypnotized by the caller, who was reading a prepared script and deliberately mispronouncing key words and phrases. Furthermore, Frank Thompson knew that the identity of the caller, or Shane Johnson, would be readily discoverable to the FBI as not being a Scientologist because Shane Johnson was the boyfriend and pimp of Dusty Hipps, who was well known to Mr. Fishman's co-defendant in the criminal case, Steve Goldberg, who had already testified for the government and had provided the Assistant United States Attorney with a list of Mr. Fishman's personal contacts who had signed fraudulent securities class action claim forms for Mr. Fishman, including Dusty Hipps. Ethics Officer Frank Thompson ordered Mr. Fishman to tell the FBI that the Church of Scientology was responsible for these three operations because it was readily discoverable that Fishman was responsible for threatening Marc Nurik's life, for sending himself aerosol cans claiming that they were poison, and for paying Shane Johnson to call Mr. Fishman and threaten his life and the life of Dr. Geertz. Predictably, and as a result of the sting operation ordered by Frank Thompson and carried out by Fishman, on January 27, 1989, Mr. Fishman was charged with Obstruction of Justice and the FBI ended its investigation into the Church's role in the securities fraud, which was the Church's original purpose in ordering that covert operation.
  28. On May 6, 1991, Time Magazine published a front page article entitled "Scientology: The Cult of Greed and Power" which was written by Reporter Richard Behar. In said article, the statements that Scientology (1) had orchestrated the securities class action fraud scheme, (2) ordered Fishman to murder Geertz; and (3) ordered Fishman to commit suicide, were published and attributed to Geertz and Fishman.
  29. Thereafter in 1991, because Fishman had been labeled an enemy of Scientology, with the knowledge, consent, approval and ratification of all co-defendants, Defendant CSI commenced and maintained a civil proceeding against Fishman and Geertz in United States District Court, Central District of California, Case Number 91-6426-HLH(Tx) for defamation (the "defamation action") based upon the statements reported in the Time Magazine article.
  30. On February 22, 1994, at the eve of trial, said defamation action was terminated in favor of Fishman and Geertz by CSI's voluntary dismissal thereof with prejudice because it defiantly refused to submit to discovery that the court had ordered to take place by January 28, 1994, and because it did not want to face the truth about itself both in court and in the marketplace of ideas. Said dismissal was sought with the knowledge, consent, approval and ratification of all co-defendants.
  31. Despite defendants' voluntary dismissal of its suit, it continues to defame, libel and slander Plaintiff Fishman on the Internet each and every day.
  32. Said defendants knowingly acted without probable cause in commencing and maintaining the defamation proceeding because said defendants, and each of them, were aware of the following reasons:

    1. The alleged defamatory statements attributed to Fishman and Geertz were not "of and concerning" CSI;
    2. The group libel doctrine barred CSI's claims;
    3. CSI could never prove, with clear and convincing evidence, that Fishman and Geertz made the statements to Mr. Behar with actual malice;
    4. What Mr. Behar wrote in the Time article was the synthesis of information provided by at least six other sources;
    5. Fishman and Geertz were protected by absolute privilege because the portion of the Time article which contained the allegedly defamatory statements made by Fishman was a true and fair report of Fishman and Geertz's testimony at Fishman's sentencing hearing. Fishman and Geertz's statements at said sentencing hearing were subsequently published in the Time article.
    6. All defendants were aware that Fishman was indigent and that there was no prospect of recovery against Fishman and that the true purpose of the lawsuit was consistent with the Church's policy to sue in order to harass their opponents, and if possible, ruin them utterly.
    7. CSI had no standing to sue for any alleged defamation of the Scientology religion; they further failed to join indispensable parties; and had named the wrong parties;
    8. CSI suffered no damage from the alleged defamation attributed to Fishman;
    9. Truth and substantial truth were complete defenses to the defamation action;
      • a. Scientology abuses and misuses the federal and state courts on a regular basis and as part of stated Scientology policy and practice.
      • b. Scientology engaged in improper conduct, surveillance and harassment, often while hiding behind their attorney's work product privilege.
      • c. Scientology routinely falsifies evidence, and / or alters and destroys evidence, and / or records, and / or rewrites history with utter disregard for the truth and for the law.
      • d. Steven Fishman became a Scientologist well before his participation in the Church's covert operation to participate as false plaintiffs in securities class action lawsuits known as Operation Acting Classes, as well as engaged in auditing sessions which used specific techniques to manipulate, influence and brainwash him into breaking the law, while at the same time justifying to Mr. Fishman that what he was being trained to do was right and proper, and all the while benefiting from the spoils of the crime.
      • e. David Miscavige and his juniors (e.g. Norman Starkey, Marc Yager, Ray Mithoff, Kurt Weiland, Mike Rinder, Timothy Bowles, Kendrick Moxon, Heber Jentzsch and others) knew of Steven Fishman's true involvement with Scientology.
      • f. Scientology engaged in hypnosis, coercive persuasion, indoctrination and manipulation of Steven Fishman and of other people.
      • g. Past life beliefs, the belief that Jesus Christ was an evil homosexual pedophile, the belief that psychologists and psychiatrists are all evil, degraded beings, and the pseudo-satanic practice of demonic exorcism of "intending away body thetans" or unattached, unwanted spiritual entities by command or postulate are all integral parts of Scientology dogma, practice and procedure, and are the subject of a variety of technical bulletins, policy letters, and voice recordings of L. Ron Hubbard, as Founder of the Church of Scientology.
      • h. End of Cycle is a Scientology term which refers to death, or "ending cycle on one's current lifetime."
      • i. Scientologists located in various locations throughout the United States including but not limited to Crestline, California; Hemet, California; Gilman Hot Springs, California; and Rio Trementina, New Mexico are armed with dangerous weapons, including fully automatic weapons. At these and other locations throughout the United States, the Church of Spiritual Technology and other Scientology "corporate shell" organizations under the direct control of David Miscavige and CSI maintain private concentration camps known in Church jargon as "Rehabilitation Project Force(s)" ("RPF"), where former Church leaders, including but not limited to Annie Broeker, have been given indeterminate life prison sentences, coupled with starvation, beatings, the denial of sleep, and countless hours of hypnotic auditing and other horrific acts of psychological warfare. The maintenance of these concentration camp RPF's are all tax exempt entities pursuant to an Internal Revenue Service tax ruling dated October 1, 1993 granting tax exemption to these Scientology entities, under IRS Tax Ruling 501(c)(3), and these RPF's are a direct violation of the provisions of IRS Tax Ruling 501(c)(3) as well as a violation of law and human rights.

    10. Scientology's reputation was so poor on the issues in the defamation action (driving people insane, criminal conduct, kidnappings, false imprisonments, beatings, denial of medical care, wiretapping of Federal agencies, financial frauds, mistreatment and starvation of children, instructions to kill suppressive persons, use of Hubbard technology to coerce Scientologists into committing suicide, illegal inurement to the leadership and favored persons) that no publication attributed to Fishman would have caused any legal harm.
    11. Defendants acted with malice for the following reasons:
      1. Scientology policy and practice subjects ex-members such as Fishman to the Fair Game doctrine.
      2. Fishman and Geertz were both subjects of the Fair Game doctrine well before the commencement of the defamation action.
      3. Fishman's auditing had included Black Dianetics, also known as reverse processing, as a means of driving him insane and causing his pre-existing psychological pathology to worsen so that Scientology could more plausibly deny its domination over him with respect to Operation Acting Classes, and other illegal activity that the Church directed him to undertake, including but not limited to sabotaging his own defense in the criminal case, and aiding and abetting the Church in the destruction of Dr. Geertz's practice and life. Scientology's assistance to the United States Attorney in United States v. Fishman was unusual and extraordinary because the Unit ed States Attorney failed to follow up leads which clearly pointed to the fact of Scientology's involvement in Operation Acting Classes. Scientology's assistance to the United States Attorney was hypocritical inasmuch as in the criminal prosecution of Fishman, it took the position that Fishman had not been made insane by its brainwashing of him, while in the defamation action it took the position that Fishman was insane.
      4. The defamation action was not well grounded in fact, was not warranted by existing law or any good faith extension thereof, and was brought for an improper purpose of harassing Fishman and Geertz pursuant to Scientology's Fair Game doctrine and to obtain a collateral advantage in CSI's litigation against Time Magazine, Time Warner, Inc., and Time Magazine Reporter Richard Behar.

        That the defamation action was brought for an improper purpose, to harass and destroy Fishman is supported by, but not limited to, the following:
        (1) Harassment is established, in part, by Scientology waiting until the eve of trial to dismiss the defamation action;
        (2) Fishman as an ex-member who fell into disfavor with the Church because he failed to obey Church instructions and commit suicide was designated by defendants a "Suppressive Person" who was targeted for punishment an d retribution prior to the publication of the Time article;
        (3) CSI considered Fishman a Suppressive Person which made Fishman a proper subject of Scientology's Fair Game doctrine. The Fair Game doctrine states that suppressive persons "may be deprived of property or injured without any discipline of the Scientologist. May be tricked, sued, lied to or destroyed."
        (4) Fishman was the subject of Scientology's express litigation policies which provide: "The purpose of the suit is to harass and discourage rather than to win. The law can be used very easily to harass." "Do not worry about whether you will win or lose, but direct all effort and concentration on legal technicalities required to achieve a legal confrontation."
        (5) CSI pursued a deliberate litigation strategy of refusing to join indispensable parties, particularly Time Magazine, Time Warner, Inc., and Richard Behar, who were sued in a separate action. Scientology conducted piece-meal litigation against Behar's sources in many different courts throughout the country. CSI paid for a 28 page supplement in USA Today which further maligned and defamed Mr. Fishman in conjunction with its policies of "Dead Agenting" their opponents or potential opponents in litigation. CSI, through its vast wealth and resources of attorneys, scheduled depositions simultaneously in two or three different parts of the country throughout the case, denying effective representation of counsel to both Fishman and Geertz as a strategy to prevent them from properly and adequately maintaining a defense. This was all part of a bad faith effort to obtain judgments or favorable settlements from the sources which could then be used against Time Magazine, Time Warner, Inc., and Richard Behar. As such, Fishman and Geertz were nothing but pawns in a larger litigation strategy. Fishman was singled out to be ground down by the Scientology litigation machine.
        (6) The defamation action was brought to punish Fishman for exercising his First Amendment right to freedom of speech on a public issue, i.e., the malevolence of the Scientology organization.
        (7) CSI and CSI's officers, directors, trustees and managing agents failed to comply with discovery in the defamation action in compliance with Scientology policy.
        (8) L. Ron Hubbard was the managing agent at the Church of Scientology and each of its components up until his death.
        (9) David Miscavige is the managing agent at the Church of Scientology, and each of its entities, including CSI.
        (10) CSI's express reasons for dismissing the defamation action were not true, but in fact were that it wanted to avoid Geertz's defenses, including but not limited to the defenses of truth, substantial truth, and the fact that its reputation was so poor that it was libel-proof.
        (11) None of the defendants, either Scientologists or representatives of Scientology, cannot, per Scientology policy, testify without bias or in honest truthfulness against the interests of Scientology.

    12. CSI did not bring the defamation action pursuant to the legitimate advice of counsel, or, in the alternative, failed to make a full and fair disclosure to counsel of all pertinent and material facts, or in the further alternative, counsel were already aware of CSI's true motives and practices, including but not limited to the following:
      [a] CSI and the Scientology organization engages in improper conduct, surveillance and harassment, often hiding behind their attorney's work product privilege.
      [b] CSI and the Scientology organization and church engages in hypnosis, coercive persuasion, and manipulation of people, and lies about it publicly.
      [c] CSI and the Scientology organization routinely falsifies evidence and / or alters and destroys evidence and / or records and / or purchases the silence of witnesses and / or rewrites history.
      [d] L. Ron Hubbard was the managing agent of the Church of Scientology and each of its corporate entities until his death.
      [e] David Miscavige is the managing agent of the Church of Scientology and each of its corporate entities, including CSI.
      [f] Fishman became a Scientologist before CSI claims he did and was engaged in auditing sessions, contrary to CSI's claims, and CSI used said auditing sessions to set Fishman up for assaults on his credibility in the future, all of which was known by David Miscavige.
      [g] CSI and the Scientology organization abuses and misuses the federal and state courts on a routine basis as part of Scientology policy and practice.
      [h] Scientology auditors do use hypnotic techniques. Three specific techniques which induce a hypnotic state in the practice of Scientology by Scientology auditors include "reverie", "boil-off", and "anaten."
      [i] CSI and the Scientology organization has a history of instructions and conspiracies to murder, to commit suicide, to engage in financial fraud, criminal conduct including the wiretapping and bugging of federal buildings, kidnappings, psychosis, mistreatment and starvation of children, false imprisonment, beatings, denial of medical care, arming certain of its members, encouraging members to commit hate crimes against "suppressive persons", and to both ex-members and to psychologists particularly, as well as inurement of money to its leaders.
    13. The attorney defendants, David Miscavige, and Eugene Ingram herein were on actual or constructive notice regarding all facts set forth in paragraphs 1-34 above, and willfully ignored the facts set forth in the preceding paragraph or acted in conscious disregard thereof.
    FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS MALICIOUS PROSECUTION
    1. Plaintiff incorporates all the factual allegations set forth in paragraphs 1-35 including subparts, as though they were fully set forth.
    2. Defendants, and each of them, participated in the commencement and / or maintainance of a civil proceeding against Plaintiff Steven Fishman, prior to February 24, 1994.
    3. The civil proceeding against Plaintiff Fishman was terminated in his favor leaving him free from liability in their defamation action.
    4. Defendants, and each of them, acted without probable cause in the commencement and maintainance of said civil proceeding against Plaintiff Fishman.
    5. Defendants, and each of them, acted maliciously in commencing and maintaining said action against Plaintiff Fishman by intending to vex, annoy, and / or injure him.
    6. As an actual, legal and proximate result of the foregoing, Plaintiff Fishman suffered general damage, imprisonment, loss of earning capacity, medical expenses, and damage to his reputation.
    Wherefore Plaintiff Fishman prays as is hereinafter set forth.


    SECOND CAUSE OF ACTION AGAINST ALL DEFENDANTS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

    1. Plaintiff Fishman incorporates all the factual allegations set forth in paragraphs 1-35, including subparts, as though they were fully set forth.
    2. In addition thereto, through November 1994, while certain matters in the defamation action were still pending, Defendants Miscavige, CSI, Bowles and Moxon, Timothy Bowles, Kendrick Moxon and Robert Weiner, directed the lead private investigator for the Office of Special Affairs International, Eugene Ingram, as well as a private investigator for the Office of Special Affairs of Miami, Margaret Dellerson, to search out and harass Plaintiff Fishman's employers and probation officers as part of a "noisy investigation" which per Scientology policy and practice is intended to intimidate enemies of Scientology. While in prison, Scientology investigator Peter Comras lied to prison officials and gained illegal access to Mr. Fishman at the visiting room at the Federal Correction Institution at Tallahassee, all the while representing to prison officials of the visiting room and to Mr. Fishman's Counselor, Phil Smith, that he (Comras) was a special agent of the Israeli government investigating the Church of Scientology.
    3. In furtherance of said directions, Eugene Ingram did so act by harassing Mr. Fishman's employer in 1993 named Lazaro Mirabal, following him from his apartment in Aventura, Florida to work in a 1991 white Chevrolet Caprice, and inundating Mr. Mirabal's place of business, Future Technologies, Inc., with junk mail as a means of harassment, in order that Fishman would be fired from his job. CSI's Office of Special Affairs, individually and by and through Eugene Ingram and Margaret Dellerson wrote a campaign of letters and sent volumes of derogatory information to Mr. Fishman's three probation officers, Jennifer Speer, Paul Donovan and Richard Martin, making inaccurate statements about Fishman and / or statements designed to return Mr. Fishman to federal custody, which did occur on February 23, 1995, for a period of ninety-six days.
    4. Defendants, and each of them, engaged in outrageous, unprivileged, unscrupulous conduct with the intention of causing, or with reckless disregard of the probability of causing emotional distress.
    5. Plaintiff Fishman suffered severe emotional distress as a direct result of the actions and orders of Defendants, and their agents. Defendants and their agents vigorously attempted to thwart and undo the therapeutic relationship between Mr. Fishman and his psychologist, Uwe Geertz.
    6. As a proximate result of such outrageous conduct, Plaintiff Fishman suffered such severe emotional distress.
    THIRD CAUSE OF ACTION AGAINST DEFENDANTS INTENTIONAL INTERFERENCE WITH CONTRACT TO DEPRIVE OF RIGHT TO COUNSEL
    1. Plaintiff incorporates all the factual allegations set forth in paragraphs 1-35, including subparts, as though they were fully set forth.
    2. all times mentioned herein and through February 1995, Plaintiff Fishman represented himself in propria persona.
    3. Defendants supplied information that Mr. Fishman was working for a company which was doing consulting and inventory control for another company which was owned by the daughters of a Simon Gabay, who Fishman met in prison; and that this information was supplied by CSI and their investigator Eugene Ingram to Paul Donovan, who was Mr. Fishman's probation officer at the time. Mr. Fishman's probation was subsequently modified and Mr. Fishman was returned to a halfway house on the charge of association. Defendants reported Mr. Fishman to the United States Probation Office not because they were interested in any business relationship or friendship which Mr. Fishman had with Mr. Gabay, but in order to deny him access to the law library and to attorneys while in the halfway house, so that he would be unable to timely file a complaint for malicious prosecution, which would have occurred had it not been for the gratuitous generosity of Dr. Uwe Geertz and his attorney, Mr. Ford Greene, who filed a complaint which to date have preserved Mr. Fishman's rights.
    4. Plaintiff Fishman believes and alleges that at all relevant times defendants Miscavige, CSI, Bowles and Moxon, Timothy Bowles, Kendrick Moxon, Robert Weiner, Jonathan Lubell, and Morisson, Cohen, Singer and Weinstein and or through Eugene Ingram's investigative agency conducted a "noisy investigation" of Fishman at the United States Probation Office in order to place Mr. Fishman in a position where he would remain in the halfway house and thus could not prepare his civil case for malicious prosecution in a timely manner. Due to rules governing those on violation of probation, Mr. Fishman was not permitted to visit his children during the time he was in the halfway house except for one emergency occurrence when his minor daughter found a dead rabbit cut up into pieces and left on the doorstep of their home, which is a Scientology calling card, as a similar instance with a dead rat cut up into pieces was left in front of the home of Dr. Margaret Singer in 1990, at the time she was an expert witness for Mr. Fishman in his criminal case in the Northern District of California. Scientology agents and investigators terrorized Mr. Fishman's children while he was in federal custody, often parking cars in front of his home while his children were alone. Mr. Fishman received an onslaught of unwanted junk mail at the Dismas House as a form of further harassment, which was reported to the Director of the Dismas House, Tammy Jodway.
    5. Plaintiff is informed and believes and alleges thereon that at all relevant times said Defendants acted in such a way as to prevent Mr. Fishman from adequately representing himself, and / or placing him in a position by virtue of supplying evidence and / or manufactured evidence to his probation officer where he would have no access or insufficient access to attorneys, legal materials, and legal assistance generally.
    6. Although Graham E. Berry was counsel for Dr. Geertz and not for Mr. Fishman, Mr. Berry was extremely sympathetic to Mr. Fishman's plight as a pro se defendant trying to defend himself against a destructive cult with unlimited assets and resources, and quite often enabled legal documents to be copied and provided to Mr. Fishman and generally without providing legal advice or services, was a friend to and support system for Mr. Fishman, particularly emotionally. Due to defendants' hatred and resentment of the solid rapport that existed between Dr. Geertz's attorney and co-defendant Fishman, they engaged in wrongful conduct which included but is not limited to:
      1. Surveilling Graham E. Berry while he was on holiday outside of the United States;
      2. Investigating, surveilling and intimidating senior partner Robert Lewis of the Lewis, D'Amato, Brisbois & Bisgaard firm during the time period that lead counsel Graham E. Berry was on holiday outside of the United States;
      3. Harassing Plaintiff Geertz's insurance carrier by initiating direct contact therewith and stating that Graham E. Berry was providing incompetent representation;
      4. Without the knowledge or consent of Plaintiffs Geertz or Fishman, entering into a secret, confidential settlement agreement with the Lewis D'Amato law firm and Plaintiff Geertz's insurance carrier whereby a promise and agreement not to further represent Plaintiff Geertz was made, which directly impacted on Defendant Fishman's ability to afford to effectively pay for costs in the aspect of the case which dealt with the unsealing of certain upper level materials which were already in the public domain as these costs had been previously borne by Dr. Geertz's insurance carrier.
      5. Without the knowledge or consent of Plaintiffs Geertz and Fishman, entering into a secret confidential settlement agreement with the Lewis, D'Amato law firm and Plaintiff Geertz's insurance carrier whereby a promise and agreement regarding delivery to CSI upon its demand of portions of Fishman's documents on loan to Geertz's counsel were made without the consent or approval of Mr. Fishman.
      6. Without the knowledge or consent of Plaintiffs Geertz or Fishman, entering into a secret, confidential settlement agreement with the Lewis, D'Amato law firm and Plaintiff Geertz's carrier whereby a promise and agreement prohibiting Graham E. Berry, Plaintiff Geertz's lead counsel, from having access to Fishman's files which were on loan to the Lewis D'Amato law firm by Fishman.
      7. Neither Defendant Fishman nor Geertz have ever been provided with a copy of said secret, confidential agreement.
      8. Said secret, confidential settlement agreement was made in conjunction with CSI's effort to obtain sealing orders of the Court's files, thereby precluding Plaintiff Fishman from having access to files which he had loaned to the Lewis D'Amato firm and papers for the expiration of the statute of limitations on Fishman and Geertz's cause of action for malicious prosecution.
    7. Defendants, individually and jointly interfered with Plaintiff Fishman's prospective economic advantage in pursuing the lawsuit through the removal of Graham Berry as Dr. Geertz's counsel; by and through defendants' continuance of a "noisy investigation" to discredit, defame, libel, slander and generally ruin the reputation of Graham Berry; and by and through defendants' practice of "Dead Agenting" Graham Berry, or planting false reports, rumors and innuendoes in order to destroy the livelihood, personal life, reputation and emotional state of Graham Berry, and conveying these false reports over the Internet, which continues on through today. Defendant Quinn met with Graham Berry's employer, senior partner Robert Lewis, in order to influence and instruct Mr. Lewis as to how and why he would have to remove Graham Berry as lead counsel for Dr. Geertz, which Mr. Lewis did, contrary to the best interest of his client, which resulted in Mr. Fishman losing indirect benefit of counsel.
    8. Defendants moved to seal portions of the court file, in order to prevent the truth from coming out as to the reasons they voluntarily dismissed their own lawsuit against Plaintiffs, and then subsequently filed three (3) subsequent lawsuits to stifle information from Church of Scientology vs. Steven Fishman and Uwe Geertz which had been in the public domain and unsealed for one year, in order to harass Plaintiff Fishman and also to restrict the free flow of criticism of Defendants on the Internet. Defendants then misused the discovery process in those cases to obtain communications that related to the subject of the instant law suit before the Court herein, and for this breach, Plaintiff Fishman asks the Court to grant a motion for default against Defendants and enter a judgment in his favor.
    9. Defendants denied Plaintiffs Fishman prospective opportunity of counsel by surveilling, following and stalking Graham Berry, engaging in blackmail and intimidation of Graham Berry in order to prevent him from providing any assistance to Plaintiff Fishman and thus interfering with Plaintiff Fishman's constitutional right to counsel of his choice.
    10. Defendants abused the court process by using the sealing procedure on an untrue pretext of trade secret, admitted to by an employee / agent of defendants, Warren McShane under oath in the Denver case, one of the three cases which Defendants brought for purposes of abuse of discovery and harassment of Plaintiff Fishman as described earlier.
    11. Defendants embarked upon a deliberate campaign through the courts and a war of defamation, libel and slander through the Internet to suppress public access to testimony and exhibits relating to allegations of conspiracy to murder, to order and / or encourage suicides, forced abortions ordered by the Church, financial frauds, illegal stockpiles of weapons and munitions in private prisons (RPF's or Rehabilitation Project Forces of defendants), intentions to take over federal, state and local governments and portions thereof, the movement of large amounts of cash and gold in and out of the United States contrary to law, misuse of tax exempt funds under Internal Revenue Service Section 501(c)(3) through illegal investigations of Church covert investigator Eugene Ingram and Margaret Dellerson of defendants' Office of Special Affairs, through the maintenance of aforementioned RPF prison camps where dissidents and victims are subjected to mind control, physical abuse, denied food and sleep, unlawful labor practices, denial of time with families or visits, the separation of children from their parents, the denial of proper medical care to prisoners in the RPF's and to their children in other facilities run by the Cadet Estates Org and other sub-organizations of defendants handling the brainwashing and indoctrination of children wherein the children have lice, scabies and other diseases; the abuse of the elderly and the torture of abuse of those who went psychotic, or in the Church's own jargon, "PTS (Potential Trouble Source) Type III" in these prison camps.
    12. Defendants contacted the Writ and Forfeiture Unit of the Assistant United States Attorney's Office in San Francisco, and provided them with information about the inflated value of a former asset of Mr. Fishman, known as the L. Ron Hubbard Library of books, tapes and cassettes, which was confiscated by Mr. Fishman's father, Jack Fishman, in lieu of failure to repay the money he spent on attorneys fees and for putting up a bond in Mr. Steven Fishman's criminal case. Defendants knew that this library was in the possession, custody and control of Mr. Jack Fishman, and not Mr. Steven Fishman, as Mr. Jack Fishman loaned his library to Special Agent Angelo Troncoso of the Internal Revenue Service while he was conducting a criminal investigation into the Church of Scientology. Nevertheless, Defendants lied about the current status and ownership of the library to the Writ and Forfeiture Unit, and the library was seized by the U. S. Government in order to satisfy part of Mr. Fishman's fine payment. Mr. Jack Fishman is indigent and cannot afford an attorney to get his property returned to him. However, the motive of Defendants was clear --- to prevent Mr. Fishman from having access to this important resource which would have assisted him in his defense and in assisting Dr. Geertz in his defense as the documents prove actual malice on the part of the Church of Scientology toward psychologists and psychiatrists, and encourage hate crimes against such mental health professionals.
    13. As a proximate result of such conduct, Plaintiff Fishman has been harmed and damaged financially, by depriving him of access to a large part of his records, files and the total aggregate of the Scientology resource library, which, had it still been in the possession, custody and control of his father, would have been available to him and to Dr. Geertz for copying and inspection.
    Wherein plaintiff prays as is hereinafter set forth.


    FOURTH CAUSE OF ACTION AGAINST DEFENDANTS INTENTIONAL INTERFERENCE WITH THERAPEUTIC RELATIONSHIP WITH PSYCHOLOGIST

    1. Plaintiff incorporates all the factual allegations set forth in paragraphs 1-35, including subparts, as though they were fully set forth.
    2. At all times mentioned herein and through the present, Plaintiff Fishman has been the mental patient of Plaintiff Uwe Geertz.
    3. After Mr. Fishman's release from prison, and while placed in the Dismas House the first time between December 29, 1992 until June 28, 1993, Defendants, though their employees including but not limited to Brad Van Dyck, Barbara Koster and Leah Abady contacted Mr. Fishman while on weekend pass at the home of Mr. Jack Fishman where he was living at the time, and used reverse processing and black dianetics on Mr. Fishman to hypnotize him over the phone on a regular basis, and once via personal visit by Brad Van Dyck. During his scheduled, regular sessions with Dr. Geertz, Dr. Geertz noticed that Mr. Fishman had been altered or psychologically damaged, and through various catharsis sessions he unearthed the content of these negative suggestions (called occlusions in Church jargon) which reinforced previous suggestions to Mr. Fishman of suicide and self-destruction, as well as to sabotage his own defense in the civil case. After Mr. Fishman's release from the Dismas House, the Church of Scientology interfered with Dr. Geertz and Steven Fishman's therapeutic relationship, reinstalling previously used suggestions that Dr. Geertz had been responsible for the death of Rivkalleh Kusvitz, a "mocked up" (Scientology jargon) image or false picture of a two year old daughter which the Church had previously convinced Fishman had been killed by Geertz when Geertz was a guard at Auschwitz Concentration Camp, another false picture created by Church auditors to manipulate Fishman. Fishman was once again so influenced by these occlusions, and he complained to his first probation officer, Jennifer Speer, that he did not want to see Dr. Geertz as a therapist anymore. During the time that Mr. Fishman did not have therapy sessions with Dr. Geertz, he became more and more depressed, despondent, suicidal and particularly schizophrenogenic. When Mr. Fishman's children noticed that Mr. Fishman was becoming borderline psychotic, they encouraged him to contact Dr. Geertz once again and he resumed therapy and went into remission. After this occurred, the Church vehemently stepped up its surveillance and intelligence activities against Dr. Geertz, which continues through this day.
    4. After Plaintiff Fishman's arrest on July 31, 1988, when he became expendable to defendants, and in fact when his remaining alive posed the most serious threat to defendants' ability to cover up their criminal activities and complicity in the fraud charged to Mr. Fishman, defendants deliberately and calculatedly embarked upon a covert operation to drive Plaintiff Fishman psychotic, or "PTS Type III", in order to render him insane and / or suicidal. This deliberate campaign subjected Plaintiff Fishman to a constant and continuous battery of destructive manipulation, reinforced using negative hypnotic suggestions by agents of defendants in order to totally ruin and destroy Plaintiff Fishman's mental state, from which Plaintiff continues to suffer through this day.
    5. Defendants knowingly, willfully and wantonly interfered with the therapeutic relationship between Mr. Fishman and Dr. Geertz, causing Mr. Fishman to suffer excessive trauma and mental anguish. Mr. Fishman constantly suffers from sleep apnea, which Mr. Fishman attributes to his negative Scientology experiences. He occasionally falls asleep while driving a car, due to latent hypnotic occlusions and suggestions designed to end Plaintiff Fishman's life which had been implanted by Scientology auditing and has been reinforced by defendants at every opportunity, to the detriment of Plaintiff Fishman.

    PRAYER

    On the First Cause of Action

    1. For compensatory damages according to proof;
    2. For special damages according to proof;
    3. For punitive damages against all defendants except CSI, and reserving the right to see such damages from CSI;
    4. For costs; and
    5. For such other and further relief as the Court deems appropriate.

    On the Second Cause of Action

    1. For compensatory damages according to proof;
    2. For special damages according to proof;
    3. For punitive damages against all defendants except CSI, and reserving the right to see such damages from CSI;
    4. For costs; and
    5. For such other and further relief as the Court deems appropriate.

    On the Third Cause of Action

    1. For compensatory damages according to proof;
    2. For special damages according to proof;
    3. For punitive damages against all defendants except CSI, and reserving the right to see such damages from CSI;
    4. For costs; and
    5. For such other and further relief as the Court deems appropriate.

    On the Fourth Cause of Action

    1. For compensatory damages according to proof;
    2. For special damages according to proof;
    3. For punitive damages against all defendants except CSI, and reserving the right to see such damages from CSI;
    4. For costs; and
    5. For such other and further relief as the Court deems appropriate.


    Dated: November 28, 1995 ______________________________

    Steven Fishman
    Plaintiff Pro Se
    12980 Southwest 48th Street
    Fort Lauderdale, Florida
    33330-2339