[brandirosejc]

My question involves defamation in the state of: California

Hi, I decided to start a blog about a man who has used Christian counseling as a means of hurting people. He has broken hippa (I have written statements to this fact). He has intimidated and bullied people. There have been many people who have corroborated this fact, and I have court documents proving that he engaged in inappropriate behavior. His license was revoked in California to teach and you can get that information without visiting my site as it is public record. He lost various religious licenses because of his behavior. He has lied to employers and he has been removed from all areas of "ministry" that I am aware of.

Because of this blog he is claiming that he cannot find gainful employment, but everything I have written is provable. I posted information on the blog about past court cases (also public record) as well to further illustrate my reasons for starting the blog. After people read it, they are welcome to make comments of their own.

I did put up a disclaimer...it reads as follows.

This Web page is not affiliated with any church, religious organization, or any other kind of organization, group, or institution of any kind. Any views and/or opinions expressed on this site are those of the individual authors. This blog does not guarantee the accuracy, reliability, completeness or usefulness of any information contained herein.

Any expression of anger, hurt, pain, negligence or any other accusation or suggestion made on this site are written by people who are often anonymous and claim to be victims of various crimes or inappropriate, damaging behaviors by Fred. Each person is responsible for his or her own comments.

This man is now claiming that he got the FBI involved to "get me" because he can't get a job in the teaching/counseling industry and because I "ruined his career".....He told this to his daughter who was removed from his home and given a restraining order. He believed she left some of the messages on the blog and is now harassing her.

Does the FBI even get involved in such things, or would this be a state matter. I want to know if I need to "lawyer up". He is saying that I will get two years in prison for it, etc. I think he wants money...he is always scamming people.

If I can prove everything I write can he do anything? I am not opposed to him working and supporting his family. I just don't think he should be in the position to teach or counsel as he has proven time and time again that he is unfit.

[Mr. Knowitall]

The FBI won't involve itself in the type of dispute you describe. If he wants to do something, he would need to hire a lawyer and sue you.

[brandirosejc]

rasd123,
I think that the advice is nice, but if I can get sued....then all is lost and he gets to continue in his destructive behavior with little accountability. So what I feel is best and what is best may be different animals. I am going to consult an attorney about what is there. However, I spoke on the phone with the one I want to hire, and he said that there is a lot of grey area in defamation law. I think the problem will come from his wife who is accused in the blog by other commenters of writing horrible and offensive comments. She has contacted me, and asked me to take it down. I obliged temporarily. I'm hoping it will be up and running again soon....I can eat humble pie as long as I get to taste sweet victory!

[nite_riderusa]

As long as you are willing to risk everything you have, and all that you may have in the future, then go on defaming him. It may be your loss, not his.

[brandirosejc]

wow...."As long as you are willing to risk everything you have, and all that you may have in the future, then go on defaming him. It may be your loss, not his."

I think this comment is a little abusive. You do not have all of the facts, so to say that I am defaming the man is a little overzealous don't you think?

You could have been a little more constructive with your criticism...

Your statement is duly noted. I am however willing to lose some of what I have to stop a person that is clearly unwell and dangerous. This statement is well supported by many court documents and various communications that were obtained through e-mail. There is nothing about this man that is not substantially provable.

Besides, I have the option of a counter suit. I also have proof of defamation of charecter, libel slander and acting out of scope of practice. I have an e-mail in which he claims to be a Dr. (which he is not) I have other documentation through Kaiser that would allow me to sue for tort liability.

I would like to forgo the hassle of a lawsuit but I do not doubt my ability to walk away with damages myself. The only problem with that is I would be unlikely to collect. Another civil suit against him was dismissed after he claimed bankruptcy a few months ago....I have never had a lawsuit brought against me....he has had several. I think that alone speaks to the man's character.

We shall see how it goes.

[That Guy]

I think this comment is a little abusive.

Abusive??? You are here asking if your actions towards someone could be criminal and/or if you can be sued... and you are calling one short comment about your potential liability ABUSIVE?

You could have been a little more constructive with your criticism...

And how “constructive” have you been in your blog?

You can preach a better sermon with your actions than you can with your words. And my guess is that your “words” in your “blog” have been, not only less than constructive, but destructive.

If you think this man has done anyone any harm, then offer him some guidance, some assistance, report him to the authorities if you think he has violated any laws. Or suffer the potential liability that you might have coming your way if you choose to continue!!!

You are neither the judge nor are you the jury. And although I have no idea who you're blogging about or what he's done, your actions are less than reasonable and quite a bit more hypocritical.

[ashman165]

wow...."As long as you are willing to risk everything you have, and all that you may have in the future, then go on defaming him. It may be your loss, not his."

I think this comment is a little abusive. You do not have all of the facts, so to say that I am defaming the man is a little overzealous don't you think?

I get the sinking feeling that you're a professional victim. I digress.
Nite_rider has a point provided the content of your site is untrue and has actually defamed his otherwise good character.
So, you had best make damned sure that you have proof-positive that each individual claim you make is, well, the truth. Otherwise, you better be prepared to lose all you have.

Also, just because you're right and everything is true, doesn't mean this can't cost you a pretty penny in litigation.

You could have been a little more constructive with your criticism...

What's not constructive about it? Be prepared when undertaking the task of ruining another person's life to have to pay for it. That's very sound advice.

Your statement is duly noted. I am however willing to lose some of what I have to stop a person that is clearly unwell and dangerous.

Great. However, you indicate that he's lost his license to teach and his whatever to do whatever in the areas you purport to have concern over. Your site really does nothing the revocation of his certifications by the state hasn't already done. You know, except to screw with him. If that's your bag, fine. Just don't bitch when we're answering the next post "got my license revoked and now some internet stalker won't leave me alone" when it comes along.

This statement is well supported by many court documents and various communications that were obtained through e-mail. There is nothing about this man that is not substantially provable.

Yeah, because if it's in an e-mail, it must be true.

Besides, I have the option of a counter suit. I also have proof of defamation of charecter, libel slander and acting out of scope of practice. I have an e-mail in which he claims to be a Dr. (which he is not) I have other documentation through Kaiser that would allow me to sue for tort liability.

Having all this legal ability to utterly leave this man in shambles, what do you do? You make a website to harangue him for his alleged misdeeds. If I were really concerned and had the goods on someone, I'd settle it in the only forum which actually matters: court. I guess making a website to harass him is a good consolation prize though.

I would like to forgo the hassle of a lawsuit but I do not doubt my ability to walk away with damages myself. The only problem with that is I would be unlikely to collect. Another civil suit against him was dismissed after he claimed bankruptcy a few months ago....I have never had a lawsuit brought against me....he has had several. I think that alone speaks to the man's character.

But you're perfectly willing to undergo the hassle of creating a website to lambaste this guy in a public forum where nothing can actually result instead of handling it in the one place in our system where a conclusion and final set of actions can be wrought. Groovy.

We shall see how it goes.

Be sure to keep us up-to-date; I'm awash with anticipation.

[mmmagique]

I'm interested in this as well.

We were ripped off by a shoddy contractor, and I have since come to learn that this is his MO in many states and to many victims.

I have already posted about this in "ripoff report", but I am seriously considering creating a website just for him. (www.hisrealname.com) I would have found something like that when I did my research on him had it been available.

I am very careful not to put my opinions in, but only the facts.

I'd like to keep others from being victimized by him, but also don't want to put his kids through college while mine ask "do you want fries with that?".

So....anyone who actually knows case law regarding the op's question and/or my question...can we do this?

[ashman165]

I'm interested in this as well.

We were ripped off by a shoddy contractor, and I have since come to learn that this is his MO in many states and to many victims.

I have already posted about this in "ripoff report", but I am seriously considering creating a website just for him. (www.hisrealname.com) I would have found something like that when I did my research on him had it been available.

I am very careful not to put my opinions in, but only the facts.

I'd like to keep others from being victimized by him, but also don't want to put his kids through college while mine ask "do you want fries with that?".

So....anyone who actually knows case law regarding the op's question and/or my question...can we do this?

So long as each claim you make is factually supported, and evidently the case then you're in the clear. Truth is an absolute defense to libel/slander accusations.

[brandirosejc]

"Great. However, you indicate that he's lost his license to teach and his whatever to do whatever in the areas you purport to have concern over. Your site really does nothing the revocation of his certifications by the state hasn't already done. You know, except to screw with him. If that's your bag, fine. Just don't bitch when we're answering the next post "got my license revoked and now some internet stalker won't leave me alone" when it comes along."

People can look up the fact that his license to teach was revoked in California..other than that it is difficult to know what this guy has been up to.

The state doesn't regulate the kind of license he is currently attempting to use...It is strictly a "pastoral counseling license".. There isn't a way to look it up unless you know the organization he is currently under. Those organizations let him go regularly because of his behavior...without anyone checking him out on a regular basis and somone (me) posting it, then no one would be the wiser. There isn't anything anyone can do because the state doesn't consider the guy a real therapist. He is accountable to no one.

"I get the sinking feeling that you're a professional victim. I digress."

I guess the other twenty plus people (not including those in my church) I spoke with are also "proffesional victims". Everyone of them checks the site regularly because they fear that his behavior will escalate and someone could be seriously injured (he tells people they don't need their meds). They all chip in by telling other members and myself what he is up to.

By the way, I don't know if you have ever heard of something called a server..but here is the deal..I can prove he sent those e-mails if necessary.

By the way, as a "proffesinal victim" I also have to state that I have been at the same congregation for 12+ years and never had problem one with any of the people there. This is the only situation I have come into where I have felt the need to do something.
I considered it a way to keep other people from having their heads messed with since the state won't do anything. There are people I care about that got hurt with his quack counseling....i.e. him telling an underage girl I know that she was demon possesed and he tried to convince her that she is suicidal. But your right..since I started a blog about the guy I must really think I'm a victim all the time and in all situations. Kudos, maybe you should be a therapist since you are so good at diagnosing people.

"But you're perfectly willing to undergo the hassle of creating a website to lambaste this guy in a public forum where nothing can actually result instead of handling it in the one place in our system where a conclusion and final set of actions can be wrought. Groovy."

First of all, the blog was very easy to set up and only requires a minimal amout of time and effort. Second of all, what is the point of suing someone that can't pay you? I can post all of his other civil suits on my site and not have to pay for it. Two months ago someone else sued him...guess what? He claimed bankruptcy and they let it go. Why would people spend the money to take someone to court if they aren't going to get anything out of it? Also, suing him in civil court won't stop him...I was never looking for money. I want the guy to stop.

"Be sure to keep us up-to-date; I'm awash with anticipation."

Here is the update...you don't know my motives...maybe what you think of me has to do with what you think of yourself.