FLDS church named in another lawsuit
 
By Rachel Olsen
The Spectrum
Warren Jeffs

Jeffs

ST. GEORGE -- On the heels of one lawsuit, the Fundamentalist Church of Jesus Christ of Latter Day Saints was named in another lawsuit Friday.

Joanne Suder and other counsel again will represent the plaintiffs -- six of the so-called "lost boys" from the FLDS community.

Filed Friday in the 3rd District Court, the lawsuit claims the excommunication and expulsion of the plaintiffs from the FLDS community labels the "males as 'apostates,' results in their eternal damnation and forever severs their contact with FLDS family, friends, institutions, business and employment, and other benefits."

The FLDS church, based in the twin communities of Hildale and Colorado City, is led by Warren Jeffs, the self-proclaimed prophet. The FLDS church constitutes the largest polygamist group in North America.

Suder, along with other counsel, represents the plaintiff in another lawsuit recently filed, where the plaintiff, the nephew of Jeffs, alleged that Jeffs and two of his brothers sexually abused him as a child.

That lawsuit also named the church and the United Effort Plan and Trust, the financial arm of the church, as defendants. The plaintiff seeks an unspecified amount.

Upon the initial filing of the sexual abuse complaint, Jeffs denied the claims of abuse in a written statement issued through his lawyer, Rodney Parker.

Parker commented Friday on the merit of the "lost boys" lawsuit, saying the claims against the church, Jeffs and others bordered on harassment.

Parker said he would move to dismiss the claims. The lawsuit fails to state a legal claim because membership in a church is not an area for the courts, he said.

"The gist is that the church is liable in court because it excommunicated someone (it) didn't consider a member," he said.

Parker said the lawsuits tie back to the same person, Dan Fischer, he said.

Fischer, founder of the non-profit group Diversity Foundation, assists males coming out of the polygamous lifestyle. Fischer left the polygamous lifestyle long ago, but was known in the community and began helping others leave the culture 12 years ago.

Fischer said the claim that he financially backs lawsuits against the FLDS church and Jeffs were untrue. He said he hadn't paid lawyers a cent for any of the plaintiffs, but he believed the efforts of the plaintiffs and attorneys were appropriate.

Suder said Friday that she and her co-counsel did not believe in commenting on cases in litigation. To do so, she said, would be unfair to everyone involved.

Sam Brower, an investigator hired by the firm representing the various plaintiffs, said he successfully served Sam Barlow, one of the defendants in the "lost boys" lawsuit, with a summons Friday.

Attempts Friday to reach one of the plaintiffs in the "lost boys" lawsuit were unsuccessful.

The FLDS church traces its roots to Joseph Smith, founder of The Church of Jesus Christ of Latter-day Saints. The LDS church officially denounced polygamy in 1890 and now excommunicates those practicing the lifestyle.
 
TheSpectrum.com
Originally published Saturday, August 28, 2004
 
Back