It has come to my attention that the misinformation about this case is being repeated.
To set the record straight, click here for a link to the entire dismissal document which people can read to get the full context for this case, to read exactly what the judge, the Honorable Gerald Bruce Lee stated in his ruling in the March 4, 2011 dismissal hearing when he dismissed Dr. Ronald Federici’s case against multiple defendants. This is a prime example of why it has been said that the transcriber has the most important job in the courtroom, so that there is an objective record of what occurred that cannot be distorted later. Contrary to assertions by Dr. Federici that he was “designated an international public figure”, the transcript shows there was no such declaration. The transcript (quoted below) clearly shows that judge declined to rule on whether Dr. Federici was a public figure because he dismissed the case on other grounds (jurisdiction and for Pignotti & Mercer, failure to state a claim upon which relief can be granted – our words did not quality as defamation and Federici failed to demonstrate any conspiracy or tortious interference). He did not “declare” Federici a public figure, nor did he declare any of his colleagues as public figures, as they were completely irrelevant to this case. As the quotations I will reproduce below explicitly demonstrate, the judge was very clear that my comments, contrary to Federici’s repeated insistent assertions, did not constitute defamation. Here are some relevant quotes from the judge’s ruling, where he pointed out multiple deficiencies in Federici’s complaint:
Let me say at the outset that the complaint suffers from several deficiencies. The first is group pleading, and we really can’t tell what allegations are made against each individual defendant. And that is a problem that the whole complaint suffers from. And because of that, it is really not clear what the plaintiff asserts each defendant did and when and what false statements were made that are libelous, what was the statement, what was the date of it.
With respect to conspiracy, there’s not enough here in terms of facts to demonstrate a conspiracy. And again, the fact that the plaintiff here is engaged in group pleading makes it impossible to tell what agreement plaintiff claims was entered into by which defendants at what time to do what against Dr. Federici.
The fact that they all have criticized Dr. Federici does not mean they’ve entered into an agreement sufficient to support a claim for conspiracy.
and here’s why he granted the motion of Pignotti and Mercer to dismiss for failure to state a claim:
The defamation claim, there’s a motion to dismiss filed by Pignotti and Mercer that does not state a claim for defamation or tortious interference with contract rights or business expectancy.
I’m going to grant that motion for several reasons. First of all, as it relates to the statements themselves, I do not think that plaintiff has set forth sufficient facts connecting Mercer with any actionable statements.
And as it relates to Pignotti, I do not think that plaintiff has set forth sufficient facts to demonstrate a claim that would meet the requirements of libel underVirginia law and the Chapin versus Knight-Ridder case.
The words specifically claimed are not set forth. They’re not set forth with any specificity. The dates are not set forth. They’re insufficient to state a claim. And looking at them as a matter of substance, some of them — Exhibit H, appears to be Dr. Pignotti responding what she believes to be actions taken by Dr. Federici on her website. These matters would not be –they would be opinion. They would not be sufficient to state a claim for libel.
And here is where he declined to rule on the public figure issue (contrary to what Federici has repeatedly asserted, he was not “declared” a public figure by Judge Lee, nor were any of his colleagues, who are irrelevant to this case although Judge Lee does point out that the possibility exists beause he advertises on the internet and TV – he made no evaluation about whether or not he was a valid expert since that would not be relevant and the case was dismissed on other grounds):
And I think without making a judgment now that plaintiff’s counsel would have to agree that there’s a question here to be decided at some point, maybe not today, about whether or not — what standard would apply to plead a libel or slander against Dr. Federici and whether or not he’s a public figure or limited public figure given that he advertises on the Internet and on television and all these others.
But I don’t have to decide that now. But if that issue were to come up, it does appear that there would be some challenge presented to Dr. Federici to credibly assert he’s not a public figure or at least a limited public figure.
I’m going to grant the motion to dismiss as it relates to tortious interference with contract rights and expectancy because he’s not proffered sufficient facts to demonstrate that Mercer or Pignotti intentionally interfered with any contracts.
The fact that he is a practicing psychologist does not in and of itself give notice to anyone else that he has contracts with particular clients or that he communicated with those particular clients. And the complaint as set forth alleges that two — I believe it was two potential clients canceled their appointments because of things that they read on the internet, not necessarily matters that were set forth by Dr. Pignotti or Dr. Mercer.
And finally, with respect to conspiracy to injure in trade business reputation under 18.2499, this complaint does not come close to meeting the requirements of Ashcroft versus Iqbal in terms of setting forth facts that plead conspiracy in more than just conclusory terms. So for those reasons, the motion to dismiss will be granted for the reasons just stated.
So there you have it. These are the reasons the case was dismissed, as stated in the public record. Not all the twisting and shouting and attempts to resurrect ancient history by Dr. Federici, Ms. Heather Forbes and their supporters is going to change that. Not all the ranting about irrelevant voting machine cases and a 35+ year ago involvement I had in Scientology that I have long since repudiated and misportrayals of Jean Mercer’s blogging (she was not “fired” by Psychology Today – she quit after they forbade her to write about Federici because they failed to show up in court when he sued them and he won by default, although he lost against Mercer, who did show up and successfully defended herself and continues to blog about him), are going to obfuscate this public record of what transpired. That being said, Psychology Today never hired Jean Mercer for pay in the first place, hence the term “fired” is completely moot.
I have not defamed Dr. Federici. I have exercised my Constitutional right to express my criticisms and sincerely held concerns about his interventions as described in his self-published book and media appearances. And no, challenging authoritarian, non-empirically supported practices and refusing to fall into lock step with self-proclaimed “experts” who make claims in self-published books and promote themselves via testimonials is not “hate” speech. It is done out of a caring and concern for mental health clients who licensed mental health professionals are there to serve. Expression of such opinions does not constitute defamation, nor does it constitute interference with business, nor does the fact that the defendants agree with one another about this, constitute conspiracy. Instead of responding to the substance of my concerns, he continues to choose to attempt to resurrect irrelevant ancient history and engage in personal attacks. People can judge for themselves what that may indicate. Where is the evidence that prone restraints and the intervention he promotes is safe and effective? When and where specifically did he train in the administration of the restraint procedure he recommends? More authority-based assertions that his holds are completely safe just do not cut it, in my opinion, especially after so much of the published literature I have consulted on the dangers of prone restraint, even when administered correctly. Even the literature I consulted that is in favor of prone restraints, outlines very strict precautions that must be in place and checks and balances, monitoring, record keeping and safety equipment (e.g. resuscitation) that would not be difficult, if not impossible to have in a private home. At best, prone restraint is a highly controversial procedure that I have every right to express my opinions on. These are very real issues and substantive response does not appear to be forthcoming. Instead the ad hominem (personal) attacks on critics continue.
I would be more than happy to put this matter to rest and never mention it again, but since the anonymous WordPress bloggers and others are continuing to post and repost misportrayals of what occurred, I will defend myself, as I have the right to, by posting public records. Bottom line: Keep posting misportrayals of what occurred and I will keep reposting links to and quotes from the actual public records from this and possibly other cases.