It is now official. For the lawsuit of Ronald S. Federici v Monica Pignotti, Jean Mercer, Charly Miller, Advocates for Children in Therapy, Larry Sarner and Linda Rosa, the order by the Honorable Gerald Bruce Lee in the Eastern District Court of Alexandria, VA (aka the rocket docket), granting all of the defendants’ motions to dismiss has been published and granted. Click on the following link, to read the document (this order has been updated and amended March 28 to correct an error (the motion was granted for failure to state a claim for Pignotti and Mercer (not Miller as the previous version stated):
Order Granting Defendants’ Motions to Dismiss.pdf (03-28-2011)
The Dismissal was granted for me on the grounds of both Jurisdiction and Failure to state a claim upon which relief can be granted:
ORDERED that Defendants Monica Pignotti, Jean Mercer, Charly Miller, Larry Sarner, Advocates for Children in Therapy, and Linda Rosa’s Motion to Dismiss for Lack of Personal Jurisdiction pursuant
to Federal Rule of Civil Procedure 12(b)(2) is GRANTED.
It is further
ORDERED that Pignotti and Mercer’s Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED.
So it is now official. For Jean Mercer and Monica Pignotti, the case was dismissed on both the grounds of jurisdiction and Ronald Federici’s failure to state a claim upon which relief can be granted. The reason not all defendants had it dismissed on failure to state a claim was that the defendants had different lawyers from different law firms and although I believe both did an excellent, competent job, some of the defendants did not include asking for dismissal for failure to state a claim in their pleadings. I mention this so people reading this will understand that this should in no way be interpreted as any kind of denial for the other defendants. They just didn’t plead it that way in the first place as we did. I note this because this has already been mischaracterized by certain anonymous posters as a “split decision” when it was nothing of the sort. There was no decision on failure to state a claim for the other defendants because they didn’t plead it in the first place. Therefore it was neither granted nor denied for those defendants.
This finding of failure to state a claim is also interesting, since in Dr. Federici’s recent “response” to his critics, he stated that my blogs were filled with lies, fabrications and malicious content. I have repeatedly asked him to identify specifics, but the only place he has even attempted to do so is in his now-dismissed complaint to the courts. I would think that the statements he named would be his very best efforts to identify statements I made that he thinks fell into that category. However, according to the findings stated in the dismissal hearing of March 4, 2011, he failed to state a claim upon which relief can be granted and the judge stated that the statements attributed to me did not fall into a category that would constitute defamation and pointed specifically to Exhibit H, stating that these were opinions, hence not actionable (that would be the case regardless of whether or not Federici is a public figure, a separate issue that the judge elected not to formally rule on although he did state his opinion — the case was already dismissed on other grounds so the public figure issue at least for this particular case would be moot).
Bottom line is that it is my understanding that Federici still has not named any specific statements from my blogs that would qualify as anything even remotely constituting lies, fabrications or malice. He asserts this vague allegation in his response to his critics in the section where he attacks me specifically, but does not back it up with any specific quotes that can be attributed to me.
Again, I remind people that I am only responsible for the Exhibits in the complaint that have my name on them. I am not responsible for any of the other material, even though Federici attempted to make us all responsible for everything in the complaint as a “conspiracy” which was one of the charges. That too, was rejected by the court because he failed to say who, specifically, said what.
It is also interesting to note that some of Federici’s and/or his legal counsel’s responses to the court seemed to me to imply that people working together to write planned criticism constituted a conspiracy. I am not saying this is the case with these particular defendants, but if it were the case that planned criticism were actionable, many peer reviewed journal critiques by multiple authors would be in danger of being sued.
Of course, this is not the case. I am not a lawyer, but the legal definition of conspiracy is really not difficult for the average layperson to grasp. In order to be a conspiracy, the individuals had to have come together to commit an illegal act or an act that is legally actionable in a civil court. For example, if a group of people conspired to deliberately lie about someone, that would qualify. If people conspired to lie that I was fired from FSU or did sexual favors for people for endorsements, for example, that would be actionable because that is clearly a malicious lie that has no basis in fact. However, if people come together to conduct a critical analysis of claims being made by a mental health professional and that analysis constitutes the sincerely held position of the critics that the person is recommending parents practice potentially harmful procedures on children such as prone restraint, then the conspiracy charge would fail.
The bottom line is that people have the freedom to come together to protest and criticize and that would not qualify as conspiracy as long as they refrain from illegal acts and do not deliberately lie. Were that not the case, where would the civil rights movement be today? People come together to criticize and protest all kinds of things and that is perfectly legal. It only stops being legal when people come together to deliberately lie about someone or commit illegal acts against someone.
It is interesting to note that since the dismissal of this case, the number of false, obscene and I believe malicious internet smear postings about me have greatly increased. Not pointing the finger at anyone in particular — just making a note of this most interesting correlation which appears to be a naturally occurring form of the A-B-A design.
The dismissal hearing transcript of March 4, 2011 will become public record following the 90-day waiting period, on June 23, 2011. I would like to add the court reporter, Renecia Wilson, to my list of people I have acknowledged and thanked for their work on this case. In many ways, as the court reporter who provided an objective, verbatim transcript of what occurred at that meeting, she was the most important person in that courtroom because without that, much of the important detail of what transpired that day would have been lost forever and subject to endless misinterpretations to suit various agendas. It was especially important for me to have such a transcript, since I was unable to be present in the courtroom, but even if I were, no human being is capable of having a 100% accurate memory of what transpired and the verbatim transcript is already showing differences between what some people who were there have reported and what transpired. Having such a record is priceless.