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To: Janet JonesFrom: Jody A. GibsonDate: 2-18-2014Re: Sherman v. the Church of the Divine LightRob Sherman Sr., and his wife, Bunny Sherman, allege their 15 year old son Rob Jr, was “tricked” into attending a few church meetings, and after one of these church meetings Rob Jr., was prevented by leaving said meeting by Tom Marsden, the organizer of the youth retreat, whom Rob Jr. alleges used various excuses to detain him after the meeting. Things escalated quickly, when Mr. Marsden told Rob Jr., “If you leave you will be thrown into the eternal fires of hell, and not be allowed back”. With this threat, Rob decided to stay, and the following day, was convinced by Mr. Marsden, to write a letter to his parents, telling them he planned to stay at with the church as they were his “new family” and per Mr. Marsden’s instructions demanded money from Rob Jr.’s parents, Rob Sir, and Bunny, in order to cover Rob Jr.’s expenses.Rob Jr. remained with the church for about six months. Rob Sr. and Bunny made arrangements to meet with Rob Jr. to give him money for that month. At this meeting, Rob Sr. and Bunny pulled their son into their vehicle and took him home, where he had to be closely watched for two weeks, before he came out from under the Church’s “brainwashing”.The Sherman’s would like to sue the Church of Divine light, for: Intentional infliction of emotional distress, false imprisonment, and assault. Listed below, are the elements needed to prove these torts.
Intentional infliction of emotional distress- Plaintiff claims that defendant’s conduct caused them to suffer severe emotional distress. To establish this claim, plaintiff must prove all of the following:1. That the defendant’s conduct was outrageous;2. [That the defendant intended to cause plaintiff emotional distress;[Or]That name of defendant acted with reckless disregard of the probability that the plaintiff would suffer emotional distress, knowing that the plaintiff was present when the conduct occurred;3. That the plaintiff suffered severe emotional distress; and4. That defendant’s conduct was a substantial factor in causing the plaintiff’s severe emotional distress.New September 2003Directions for UseCACI Nos. 1602—1604, regarding the elements of intentional infliction of emotional distress, should be given with the above instruction.