BREAKING:

Billings, Montana

July 10th, 2024

 

After more than 5 years of investigation, litigation, depositions, and multiple fines and sanctions against the Jehovah’s Witnesses, two Federal Court child abuse cases have reached a confidential settlement.

Multiple victims of abuse alleged that they suffered at the hands of numerous Elders and Ministerial Servants in Hardin Montana during the 1970s and 80s, and that these allegations were known to countless other elders, Circuit Overseers, District Overseers, and the men who operate the Legal and Service Departments at the world headquarters of Jehovah’s Witnesses.

Both cases were scheduled for consecutive trials in August and September. The sudden settlement signals the end of litigation and a small measure of justice for the targets of these men and the organization that failed to notify law enforcement of these alleged crimes.

The Jehovah’s Witnesses crippled their chances to stand innocent at trial in both cases due to legal practices that drove Federal Judge Susan Watters to issue a series of sanctions and penalties for judicial misconduct.

Some of these sanctions included instructions to the jury in both the Caekaert and Rowland cases that the Jehovah’s Witnesses intentionally destroyed key documents and notes when creating “Memorandums,” or summaries of child abuser data held in Church archives in New York.

During the course of this case, Watchtower’s chief counsel Philip Brumley was fined more than $154,000 for his role in misleading the Court by filing two false and deceptive affidavits.

Brumley appealed these sanctions to the 9th Circuit, but the Appellate Court upheld his fines.

While these settlements come with non-disclosure agreements attached, the amount of pre-trial knowledge gained during the past 5 years will be instrumental in helping countless other victims of abuse within the JW Church.

It will also provide a historical analysis of the extent of child abuse and the reasons for the lack of reporting among the Witnesses, compelled by the policies of its Governing Body and their lawyers.

 

[The references below provide insight into some of the key developments in the Caekaert v. Watchtower case since it was first filed in April 2020. The Plaintiffs (the victims of abuse) filed the case against two key defendants, the Watchtower Bible and Tract Society of New York, and the Watch Tower Bible and Tract Society of Pennsylvania. Both corporations have served as the legal arms of the Witnesses since 1909 and 1884, respectively. The JWs strenuously objected to the inclusion of the Pennsylvania Corporation as a defendant by offering up their longstanding Legal Department chief counsel, Philip Brumley, to swear that the Pennsylvania corporation had no connections whatsoever to the governance or involvement in any congregation activities in Montana during the relevant time periods of abuse in Hardin Montana.

Unbeknownst to the Jehovah’s Witnesses, critical documents surfaced that contradicted Brumleys’ claims, and demonstrated that during the 1970s and 1980s, the administration of Watch Tower Pennsylvania consisted almost entirely of Governing Body members of the Church. These men were the same members who set policies, directed the Organization, and appointed Elders throughout the 1970s, 80s, and beyond. The Church strongly resisted these allegations, causing a delay in litigation that lasted more than 17 months, wasting critical time and resources for all parties, including the Montana Federal Court. Ultimately, the Jehovah’s Witnesses withdrew their motion to dismiss Watch Tower Pennsylvania from the case. The Plaintiffs followed by demanding financial compensation for the extensive legal work performed by their team of lawyers and paralegals. Judge Susan Watters agreed with the Plaintiffs and awarded more than $154,000 in fines against Phillip Brumley and the Church. Brumley hired a new team of attorneys, and appealed this decision to the 9th Circuit Court of Appeals.

The fines were paid.

NOTE: While Philip Brumley has paid the fines levied against him, the appeal that Brumley filed while the Caekaert and Rowland Cases were still active was technically dismissed because it was considered premature by the Court. Now that both sides have reached a settlement, Brumley is allowed to re-file his appeal, which will be considered by the Appellate court on its merits. Here are the updated appeal documents:

 

November 1st, 2024 – Philip Brumley’s Appeal – Opening Brief

November 1st, 2024 – Philip Brumley’s Appeal – Excerpts of Record

December 9th, 2024 – Plaintiffs’ Response Brief

December 9th, 2024 – Plaintiffs’ Excerpts of Record

 

Key documents are listed below including the Brumley sanctions, and multiple additional negative rulings against the Jehovah’s Witnesses for numerous instances of legal misconduct. Conduct that included the Spoliation of Evidence. This evidence contained the destruction of detailed notes and other important information regarding the abuse of multiple children in Montana.]

 

Important References and Case Documentation from the District Court:

Document #1 | April 24th, 2020 Original Complaint

Document #14 | June 22nd, 2020 Watch Tower Pennsylvania Motion to Dismiss

Document 14-1 | June 22nd, 2020 Philip Brumley Affidavit #1

Document #22 | July 13th, 2020 First Amended Complaint and Jury Demand

Document #26 | July 2nd, 2020 Second Affidavit of Philip Brumley

Document 44-1 | October 19th, 2020 Branch Organization Document

Document 56 | April 20th, 2021 Motion to Compel Discovery Responses

Document 57 | April 20th, 2021 Plaintiffs Brief Supporting MTC and for Costs and Fees

Document 72-0 | May 25th, 2021 Plaintiffs Brief Supporting Motion to Compel and for Costs and Fees

Document 85 | August 24th, 2021 Order RE: MTC Discovery Responses and for Costs and Fees

Document  93 | September 28th, 2021 Order Awarding Plaintiffs Costs and Fees of  $22,631.80

Document  101 | December 3rd, 2021 Plaintiffs Motion for Sanctions Against Philip Brumley and Joel M. Taylor

Document  102 | December 3rd, 2021 Plaintiff’s Brief in Support of Motion for Sanctions

Document  102-4 | December 3rd, 2021 Nunez Case – Order Enforcing Sanctions Against Watchtower

Document  109 | January 10th, 2022 Plaintiff’s Reply Brief in Support of Their Motion for Sanctions

Document  117 | March 24th, 2022 Plaintiff’s Brief Supporting Motion to Supplement Record on Sanctions

Document  135 | August 23rd, 2022 Court Order on Sanctions Against Philip Brumley

Document 165-3 | October 24th, 2022 Third Affidavit of Philip Brumley

Document 170-0 | November 2nd, 2022 Plaintiffs Reply in Support of Motion to Compel Deposition

Document 187 | January 3rd, 2023 Plaintiff’s Motion to Compel Document Production

Document 188 | January 3rd, 2023 Plaintiff’s Brief Supporting Motion to Compel Document Production

Document 191 | January 13th, 2023 Plaintiff’s Motion to Compel All Discoverable Documents From Watchtower New York

Document 192 | January 13th, 2023  Plaintiff’s Brief Supporting Motion to Compel All Discoverable Documents

Document #219 | April 14th, 2023 Order on Sanctions Against Philip Brumley

Document 237-0 | May 22nd, 2023 Order on Motion to Compel Production of Documents from Watchtower

Document 287 | November 6th, 2023 Plaintiff’s Motion for Sanctions Against Watchtower New York

Document 288 | November 6th, 2023 Plaintiffs Brief in Support of Motion for Sanctions Against Watchtower New York 

Document 300-0 | December 4th, 2023 Plaintiffs Reply Brief in Support of Their Motion for Sanctions RE Watchtower’s Non-Compliance with Court Order

Document #318 |February 6th, 2024 Order on Sanctions Against Watchtower New York

Document 328 | April 3rd, 2024 Plaintiffs Motion RE: Sanctions for Spoliation of Evidence

Document 329 | April 3rd, 2024 Plaintiffs Brief in Support of Motion RE: Sanctions For Spoliation For Evidence

Document 329-4 | April 3rd, 2024 Exhibit D – July 5th 2023 Watchtower New York’s 4th Supplementary Privilege Log

Document 331 |April 4th, 2024 Plaintiff’s Motion RE: Sanctions for Interrogatory Nos. 9 and 15 (ECF 85 and 318)

Document 332 | April 4th, 2024 Plaintiffs’ Brief in Support of their Motion RE: Sanctions for Interrogatory Nos. 9 and 15 (ECF No. 85 and 318)

Document 336 | April 5th, 2024 Order on Sanctions Against Watchtower New York

Document 339 | April 11th, 2024 Plaintiffs Motion for Partial Summary Judgment RE Hardin Elders Being Agents of Watchtower New York

Document 340 | April 11th, 2024 Plaintiffs Brief in Support of Motion for Partial Summary Judgment RE: Elders Being Agents of Watchtower New York

Document 362 | April 18th, 2024 Plaintiffs Motion for Sanctions RE: Depositions of Gary Breaux and Allen Shuster

Document 363 | April 18th, 2024 Plaintiffs Brief in Support of Motion for Sanctions RE: Gary Breaux and Allen Shuster

Document 365 | April 19th, 2024 Plaintiff’s Motion for Sanctions RE: Watchtower New York’s Pattern of Deception and Discovery Abuse

Document 366 | April 19th, 2024 Plaintiffs Brief in Support of Motion for Sanctions RE: Watchtower New York’s Pattern of Deception and Discovery Abuse

Document 388 | May 14th, 2024 Order on Sanctions Against Watchtower RE: Interrogatory 15, Governing Body and US Branch

Document 389 | May 14th, 2024 Plaintiffs Reply Brief in Support of Motion for Sanctions RE Depositions of Gary Breaux and Allen Shuster

Document 410 | June 10th, 2024 Order on Sanctions for Watchtower New York Spoliation of Evidence

Document 411 | June 10th, 2024 Order on Sanctions Against Watchtower RE Depositions of Gary Breaux and Allen Shuster

 

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