First amended complaint

Lisa McPherson Estate vs Scientology and scientologists

Filed on 4 December 1997


IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA

GENERAL CIVIL DIVISION

ESTATE OF LISA McPHERSON, by and through the Personal Representative, DELL LIEBREICH

Plaintiff,

vs. Case No. 97-01235

Section "H"

CHURCH OF SCIENTOLOGY FLAG FIRST AMENDED COMPLAINT SERVICE ORGANIZATION, INC.; AND DEMAND FOR TRIAL BY JURY BENNETTA SLAUGHTER; PRODEX INC., a Florida corporation d/b/a AMC PUBLISHING COMPANY; JANIS JOHNSON, M.D.; DAVID MINKOFF, M.D.; ALAIN KARTUZINSKI; and DAVID HOUGHTON, D.D.S.

Defendants.

_________________________________/

COMES NOW the Plaintiff, The ESTATE OF LISA McPHERSON, by and through the Personal Representative, DELL LIEBREICH, through its undersigned attorney and sues the Defendant, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.;BENNETTA SLAUGHTER; PRODEX, INC., a Florida corporation d/b/a/ AMC PUBLISHING COMPANY; DAVID MINKOFF, M.D.; JANIS JOHNSON, M.D.; ALAIN KARTUZINSKI; and DAVID HOUGHTON, D.D.S. and alleges:

GENERAL ALLEGATIONS

A. Jurisdiction

1. This is a civil action for damages which greatly exceed this court's threshold jurisdiction of $15,000.00.

B. The Plaintiff

2. LISA McPHERSON, a single adult, was at all material times herein a resident of Clearwater, Pinellas County, Florida, and survived solely by her biological mother, FANNIE B. McPHERSON per Chapter 732 and Chapter 768, Florida Statutes.

3. DELL LIEBREICH, maternal aunt of LISA McPHERSON, has been appointed the Personal Representative of the ESTATE OF LISA McPHERSON, through consent of the surviving heir, FANNIE B. McPHERSON, as evidenced by the Letters of Administration dated February 4, 1997, and attached hereto as Exhibit "A."

C. The Defendants

4. The CHURCH OF SCIENTOLOGY was created in the early 1950's by science fiction writer, L. Ron Hubbard, to avoid charges that he was practicing medicine without a license. Hubbard was known as the originator of Dianetics, and published in 1950 his book Dianetics: The Modern Science of Mental Health ("DMSMH"). As the title implied, Hubbard rebuked current medical science and claimed that he had found the one and true answer to all of mankind's ailments. Dianetics was not only an alternative to psychotherapy, it was an alternative to medicine itself. Although Hubbard was drawing government medical disability for ulcers, bursitis, and eye problems, Hubbard promised that his methods could cure everything from cancer to the common cold, while producing perfect health, perfect recall, increased abilities and happiness.

5. L. Ron Hubbard with a background in the black magic of Satanic worshiper Aleister Crowley, hypnotism, and borrowing from Freud, Korzybski and regression therapy, he wrote "Dianetics" in 1950. His first treatise on the subject was in a pulp science fiction magazine. Although Hubbard used the name "Scientology," the word "scientology" was first coined by Dr. A. Nordenholz in his book "Scientology: Science of the Constitution and Usefulness of Knowledge", first published in 1934, which parallels in content to Hubbard's work. In Scientology, all oral and written words of L. Ron Hubbard are deemed "scripture" and cannot be altered or abandoned in any way.

6. While the book was a best-seller, the medical profession rebuked it as quackery and possibly dangerous. When some Dianetics practitioners were arrested for practicing medicine without a license and it appeared that Hubbard himself might be so charged, Hubbard quickly "discovered" Scientology and the CHURCH OF SCIENTOLOGY was formed, not only to give him a mantle of religious protection for his anti-medical practices, but also to enable him to make more money through a claim of tax exempt status. Hubbard began to sell weekend courses of study and issue degrees, including a "Doctor of Scientology," with the additional claims about the curative powers of his methods. In the meantime, he rebuked all criticism, saying the medical establishment knew he was right and it was fighting to destroy him and to keep control of his empire.

7. Despite his explanations to his loyal following, the disputes and attacks from governments increased. Hubbard was forced to leave the USA to live in the UK. He then tried to live in what was then Rhodesia, until he was kicked out. Threatened with being kicked out of the UK, he took to the sea and sailed the Mediterranean, only to be kicked out of one port after another, from Greece to Portugal. That was how the "Flag Land Base" in Clearwater was established. "Flag" referred to the "flagship" that Hubbard sailed. He had had a miserable Naval career, also being booted out from one command to another. By taking to the sea, he created his own Navy and called it the "Sea Organization" or "Sea Org," outfitting his crews in naval uniforms and operating them in a military fashion. They were given command of the senior organizations and told they were the "elite," and together they could take over the world. But the seagoing "flagship" was insecure. He needed a land base and that was how they secretly moved into Clearwater. "Flag Land Base" was established and became known as the CHURCH OF SCIENTOLOGY, FLAG SERVICE ORGANIZATION, INC.

8. The manner in which CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION INC. established itself on Clearwater and the manner in which SCIENTOLOGY has conducted itself is a long pattern of conduct that demonstrates this organization's resentment for the law, authority, the courts and the general public. The history of deceit, deception, fraud, and illegal acts not only in Clearwater and the USA but around the world, trace back to the mind of Hubbard and his paranoid siege-mentality. This mentality is laid out in volumes of directives that take many forms: bulletins, policies, orders, programmes, plans, etc. The CHURCH OF SCIENTOLOGY has a multitude of different rules, regulations and programs which fall under one of three captions, "Ethics," "Admn" for administration, and "Techs" for techniques as authorized by L. Ron Hubbard. To ensure that these were executed as he demanded, Hubbard was the managing agent and alter-ego of the CHURCH OF SCIENTOLOGY, and all its multitude of corporations and non-corporate entities, since he operated the CHURCH OF SCIENTOLOGY without any formal corporate structure and answering to no one.

9. As previously judicially declared:

(a). "Scientology is both immoral and socially obnoxious... It is corrupt, sinister and dangerous. It is corrupt because it is based on lies and deceit, and has as its real objective money and power for Mr. Hubbard, his wife, and those close to him at the top. It is sinister because it indulges in infamous practices, both through its adherents who do not toe the line unquestioningly and to those who criticize or oppose it. It is dangerous because it is out to capture people, especially children and impressionable young people, and indoctrinate and brainwash them so that they become the unquestioning captives and tools of the cult, withdrawn from ordinary thought, living and relationships with others."

(b). all 'auditing' files of Scientologists "are available to the Scientology's Intelligence Enforcement Bureau and are used, if necessary, to control and extort obedience of a person who is audited. If a person seeks to escape from Scientology, his auditing files are taken by the Intelligence Enforcement Bureau and used, if wished, to pressure him into silence."

(c). "auditing is a simple, thoroughly designed means of concentrating the mind to a state of a controlled trance. The aim and result is progressively to enforce loyalty to, and identification with Scientology, to the detriment of one's natural awareness of divergent ways of thinking and outside cultural influences."

(d). "the CHURCH OF SCIENTOLOGY is a cult engaged in ongoing criminal activity which deprives its members of its property and freedom, and engages in injury by any means, trickery, litigation, lying or destruction against its critics, whose founder has also previously been judicially declared to be a charlatan and whose Scientology techniques and bulletins remain unproven while SCIENTOLOGISTS are ordered to and have been successful in infiltrating other organizations and government agencies, newspapers, medical associations, psychological associations, and psychiatric associations throughout the world for the sole purpose of world domination.

10. "Dianetics" is not depended on faith but is completely "scientific" according to its author, L. Ron Hubbard.

11. At all times material herein, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., (hereinafter referred to as SCIENTOLOGY or FLAG), has been highly promoted in Scientology literature as the "mecca," providing the best possible services that Scientologists can purchase and they are urged to and do come from around the world to stay at the Clearwater facility for these purchased services. FLAG is also a management church of the collection of unincorporated organizations and a multitude of corporations within a nominal corporate structure that has been judicially declared to be something of a "deceptis visus", collectively known as the CHURCH OF SCIENTOLOGY or simply SCIENTOLOGY, where a multitude of corporations were created in order to avoid liability for its conduct and shift assets among the corporations to further that goal, where each nominal corporation or organization is the alter ego of the other, comprised of similar officers and directors with disregard of corporate structure doing business under many names where they strictly practice Scientology in the Hubbard prescribed manner, doing business throughout the state of Florida, with offices located in Hillsborough County and Pinellas County, Florida, as well as throughout the world under the name "CHURCH OF SCIENTOLOGY" or "SCIENTOLOGY" of which LISA McPHERSON was a member.

12. After the death of L. Ron Hubbard, David Miscavige, unilaterally appointed himself as the ultimate head of the CHURCH OF SCIENTOLOGY and unilaterally assumed L. Ron Hubbard's position as the ecclesiastical head of all of the CHURCH OF SCIENTOLOGY, including "Captain" or "Commander" of the SEA ORG, self-appointed "Chairman of the Board" of RTC, "Inspector General" of the Inspector General Network within RTC which demands correction from standard technology, policy or ethical standards; and the "Managing Agent" of all of Scientology having direct and supreme authority over all operations of the entities comprising the CHURCH OF SCIENTOLOGY, and its membership, including all responsible parties herein for the treatment and death of LISA McPHERSON.

13. The Defendant, BENNETTA SLAUGHTER, was the employment supervisor and supervising corporate officer of Defendant, PRODEX, INC. d/b/a AMC PUBLISHING INC. COMPANY, which was the employer of LISA McPHERSON.

14. The Defendant, ALAIN KARTUZINSKI, was the Senior Case Supervisor and in control over the handling of LISA McPHERSON, while the Defendants, JANIS JOHNSON, M.D., an unlicensed medical doctor, and DAVID HOUGHTON, D.D.S., an unlicensed dentist, are on staff or members of SEA ORG at the FLAG facility, the FT. HARRISON HOTEL, Clearwater, Florida, and reporting to and following the orders of KARTUZINSKI.

15. The Defendant, DAVID MINKOFF, M.D., a Florida licensed medical doctor, is a public member of the CHURCH OF SCIENTOLOGY and a resident of Clearwater, Florida.

16. All SCIENTOLOGY organizations operate on a week that ends on Thursday at 2 p.m. Each week, all staff and organizations write and compile what is known as a "weekly report." These are sent up the command channels. These command channels operate in a pyramid fashion, not unlike a military command channel. At various echelons, the reports are re-compiled and forwarded on and move from a local level to a regional level and then the "Int" ("international") level. This is where Miscavige is located. Each week he receives reports from around the world, compiled by his staff, dealing with various situations and developments, including the amount of money brought into Scientology, court cases and what are called "situations." A "situation" in Scientology is usually a threat, in which officials are involved and thus some section of the organization. LISA McPHERSON's encounter with the authorities, before she was taken back to the Fort Harrison Hotel, (alleged hereafter), would be that sort of situation. It would have been reported up through the command channels, through various channels, to Miscavige.

17. SCIENTOLOGY has thousands of different directives ("directives") that lay out the rules, regulations and procedures that govern the activities of the organizations, the executives, the staff members and the organizations' various customers. Most of these were written by Hubbard. These directives are issued in different forms and different names that are unfamiliar to a non-Scientologist. For example, HCOBs (Hubbard Communications Office Bulletins), HCOPLs (Hubbard Communications Office Policy Letters), LRH EDs (L. Ron Hubbard Executive Directives), GOs (Guardian Orders), FBDLs (Flag Bureau Data Letters), PABs (Professional Auditor Bulletins), etc. These usually have a color-coding system, for example, HCOBs are issued as red ink on white paper while HCOPLs are green ink on white paper, etc. Distribution of these different and diverse directives depends upon the area effected or being directed. Some directives have the widest possible distribution while others are narrower. These Scientology directives contain an arcane language that is so difficult for a new Scientologist to understand that it has large dictionaries listing thousands of words that have their own Scientology definition. These dictionaries contain many coined or invented words, acronyms and slang terms that are part of the Scientology language, for example, "entheta", "sec check", "OWs", "SP", "Type III". The language extends to the structure of the organization with areas and positions having coined or invented names that are also in their vocabulary and/or dictionaries, for example, C/S, Tech Sec, RPF, I&R, COB.

18. All of SCIENTOLOGY 's senior organizations and personnel are members of the SEA ORGANIZATION (also known as the "SEA ORG" or "SO") of which David Miscavige is the self-appointed head, as was L. Ron Hubbard. Touted as a harmless "fraternal organization," the SEA ORG is an unincorporated para-military organization that is the hidden nexus of SCIENTOLOGY. It is the SEA ORG that penetrates all corporate shields but, being unincorporated itself, and yet with its own bank accounts, internal officers and records, it remains unseen to outsiders as the controlling force in Scientology that allows it to be run as a totalitarian, anti-democratic movement.

19. Defendant, BENNETTA SLAUGHTER, a Scientologist, operated PRODEX, INC. under the WISE business program, (where WISE is a Scientology business entity promoting and enforcing Scientology business programs on businesses owned by Scientologists), which mandates that the business be run strictly through the implementations of the administrative methods established by L. Ron Hubbard. These methods are laid out in various directives that were first issued to SCIENTOLOGY and are represented by them as "religious doctrine" or "religious scriptures." After changing the headings of these directives and a few words to "secularize" them, they are then exported to secular businesses through a WISE license, which is a source of income back to the Church of Scientology which licenses WISE.

D. Material Facts concerning LISA McPHERSON

20. LISA McPHERSON joined the CHURCH OF SCIENTOLOGY at the age of 18 when she was recruited to the CHURCH OF SCIENTOLOGY by her supervisor at work at the Dallas, Texas telephone company.

21. While LISA McPHERSON resided in Clearwater, Florida, she was an employee of PRODEX, INC. d/b/a AMC PUBLISHING COMPANY, a for-profit printing company. Although PRODEX, INC. is a business, it is operated according to the administrative policies of L. Ron Hubbard.

22. PRODEX, INC. d/b/a AMC PUBLISHING COMPANY is a member of WISE, i.e., World Institute of Scientology Enterprises. WISE is licensed by RTC to use Hubbard's methods, the same methods licensed to the FLAG, including those used on LISA McPHERSON as hereinafter alleged. PRODEX, INC. is also staffed by people who adhere to Hubbard's policies. These methods were "secularized" to allow SCIENTOLOGY access into areas that it cannot access as a religion, even though they are the same methods that the CHURCH OF SCIENTOLOGY claims are "religious scriptures," to seek First Amendment protection. These secular methods are intended to covertly gather recruits by getting their interest in L. Ron Hubbard without telling them that the methods are actually that of the CHURCH OF SCIENTOLOGY, which wants to recruit them.

23. Prior to November 15, 1995, LISA McPHERSON, had experienced a "psychotic break" , had expressed a desire to leave Scientology, was having a difficult time at her employment as evidenced by low production in sales and earnings, and was expressing disagreement with the rules and regulations of SCIENTOLOGY. As a result of the above actions, LISA McPHERSON was undergoing and died while in the middle of an "Ethics handling" to force her to regain her momentum of sales and also to keep her from leaving the movement. The purpose of Scientology "Ethics," as written by Hubbard, is to remove anything that is counter or against the person doing Scientology, including the person's own feelings, ideas, beliefs, behaviors or intentions. Thus since she wanted to stop doing Scientology, that was counter-Scientology and so she had to be "handled" by Hubbard's 'ethics" methodology.

24. Hubbard and Scientology advocates that there is an "ethics technology," ("ethics tech"), a precise method to be done to a person who is deemed to be "unethical", meaning that they are expressing some disagreement. A primary part of this "ethics tech" is to have a person confess to every crime or wrongdoing they have done or felt they have done or that the organization says that they have done. These are called "overts" and the person is required to write down their "overts" or made to confess them in an interrogation known as a "security check" or "sec check." These methods are part of the "tech" that is licensed to WISE, which in turn, licenses it to SCIENTOLOGY and to AMC PUBLISHING. People have been known to go crazy during these "ethics handling." It was therefore extremely foreseeable to the Defendants that given LISA McPHERSON'S prior experience of being psychotic in June of 1995, coupled with her troubles in taking SCIENTOLOGY instruction, she would very likely experience another psychotic episode.

25. Prior to November 15, 1995, LISA McPHERSON was undergoing this rigorous "Ethics" program at her employer, AMC PUBLISHING COMPANY. It was being conducted by AMC PUBLISHING COMPANY employee Katie Chamberlain, in the course and scope of her employment. This program was known by BENNETTA SLAUGHTER and AMC PUBLISHING COMPANY to cause LISA McPHERSON to have psychological breakdowns, and by continuing the "ethics handling," BENNETTA SLAUGHTER and AMC PUBLISHING COMPANY knew that she was likely to experience another "psychotic break" which would in all likelihood result in "Isolation." On or about November 15, 1995, LISA McPHERSON was sent to a commercial trade show in Orlando, Florida. This was done with the knowledge of BENNETTA SLAUGHTER and AMC PUBLISHING COMPANY that she was having difficulty with her "ethics" program at AMC PUBLISHING COMPANY and was not mentally well. Those going to Orlando with LISA McPHERSON were told to watch LISA because of these known problems.

26. While in Orlando, LISA McPHERSON began to manifest unusual erratic behavior . One night her roommate awoke at 3 a.m. to find LISA McPHERSON sitting on top of her, sobbing hysterically about how something was wrong with the planet and how everyone was in danger and the world had to be saved right then. The roommate finally got LISA McPHERSON back to bed and to sleep so she could continue to work at the convention. But the next day, LISA McPHERSON was even worse and it was decided to take her back to Clearwater to avoid a public relations problem for her employer, AMC PUBLISHING and Scientology.

27. LISA McPHERSON manifested what is known in Scientology "ethics tech" as PTS Type III , ("Potential Trouble Source"). There are three types of the "potential trouble", one of which to SCIENTOLOGY and AMC PUBLISHING is the fear that the person might cause a legal or public relations problem. This was known by her employer, BENNETTA SLAUGHTER and AMC PUBLISHING COMPANY and SCIENTOLOGY, since she was exhibiting signs of a psychological breakdown. By its own language, SCIENTOLOGY considers such people to be potential sources of trouble and thus must deal with them.

28. Rather than assist her to obtain professional and licensed psychological counseling, which is forbidden by SCIENTOLOGY, the members of SCIENTOLOGY placed LISA McPHERSON in isolation against her will on November 18, 1995, at the Ft. Harrison Hotel subjecting her to a denial of her freedom of movement, her freedom of choice over food, her freedom to sleep and her freedom to communicate with friends, family and professionals. Those taking care of her had strict orders not to talk to her in any way. Thus she was incommunicado and kept in strict isolation, a prisoner of Scientology, all according to Hubbard's directives which the staff were following: a withholding of food and sleep, which is according to the "tech" of SCIENTOLOGY.

29. On November 18, 1995, LISA McPHERSON, seeking to escape from this isolation, drove her motor vehicle and lightly rear-ended a vehicle stopped in traffic. LISA McPHERSON sustained no injuries. However, upon exiting her motor vehicle, she requested help by stating to emergency personnel, "I NEED HELP," I NEED TO TALK TO SOMEONE," "I HAVE DONE BAD THINGS, THINGS I DID NOT KNOW WERE EVEN BAD," I DON'T NEED A BODY TO LIVE", in a robotic/programmed tone with a fixed stare while exhibiting unusual behavior by taking off her clothes in public but telling the paramedics that she was not crazy, she was just trying to get their attention because she needed help.

30. On that date, LISA McPHERSON was then transferred by ambulance to the Morton Plant Hospital located in Clearwater, Florida, where she sought and received emergency medical and psychological evaluation.

31. Shortly after LISA McPHERSON arrived at Morton Plant Hospital, SCIENTOLOGY members discovered her location and proceeded to Morton Plant Hospital to retrieve her because she was a "potential trouble source" by seeking help from non-Scientology resources.

32. Members of SCIENTOLOGY appeared at Morton Plant Hospital on November 18, 1995 and as a result of their continued control over her, coerced LISA McPHERSON to reassure the medical staff that she wanted to leave with the Scientologists and return to SCIENTOLOGY headquarters, despite her escape attempt.

33. By being in an automobile accident, acting erratic and going to an outside source, known as a "wog," a non-member of SCIENTOLOGY, i.e., the paramedics and Morton Plant Hospital, LISA McPHERSON had become 'PTS' or a 'Potential Trouble Source.' Because of her psychotic behavior, she was deemed a ' PTS Type III ' which, according to Scientology directives, is a person to be found "mostly in "psychiatric institutions" because they have "ghosts about him or demons" and other "imaginary" entities. The Scientology "handling" for a PTS Type III is called the "Instrospection Rundown", which requires that the person be put into isolation with "no treatment of a mental nature at all," but with more than ample administration of ill-conceived concoctions often laced with illegally prescribed and administered drugs.

34. After repeated assurances by the members of SCIENTOLOGY that they would provide 24-hour care to LISA McPHERSON, Morton Plant Hospital reluctantly and against their own medical advice released LISA McPHERSON from Morton Plant Hospital, placing LISA McPHERSON in the exclusive care, custody and control of SCIENTOLOGY.

35. Immediately after leaving Morton Plant Hospital, members of SCIENTOLOGY transported LISA McPHERSON to the Ft. Harrison Hotel, the "spiritual headquarters" of SCIENTOLOGY in Clearwater, Pinellas County, Florida.

36. At the said headquarter facilities, SCIENTOLOGY agents, staff, volunteers, representatives, employees, and/or other members, trained in the methods of L. Ron Hubbard, and under the strict authority of the "Senior Case Supervisor", ALAIN KARTUZINSKI, systematically began a series of techniques or bulletins in following its own policies of SCIENTOLOGY which included "isolation" as a prerequisite to, or part of, a technique or bulletin known as " Introspection Rundown, " which involves the total isolation of LISA McPHERSON in a room against her will, where no one is to talk to her during her isolation. During this time she was denied freedom of movement, proper medical treatment, and she was denied proper nutrition, starved and underwent severe dehydration including over-medication of illegally prescribed drugs plus high dosages of vitamins and minerals, at the hands of individuals who were trained in Hubbard's anti-medical techniques, as issued in his directives.

37. During this time, LISA McPHERSON tried to flee and was physically restrained, including being tied to the bed, and her condition worsened until she was babbling incoherently and unable to sleep. No medically licensed personnel were brought in to see her. The only qualifications of those told to watch her was that they were available to do it. Some who saw her in her condition could not even tolerate watching her going crazy or looking at her morbid condition and had to leave the room.

38. The " Introspection Rundown, " even according to L. Ron Hubbard, must be followed strictly and by Scientology-trained personnel, as defined by SCIENTOLOGY, otherwise it can be extremely dangerous and to those who wish to abuse the Introspection Rundown, according to L. Ron Hubbard, can be used to murder that person or cause a person to go completely and utterly insane or to commit suicide.

39. During her confinement under the strict authority of ALAIN KARTUZINSKI and watched over by JANIS JOHNSON and DAVID HOUGHTON, LISA McPHERSON was denied appropriate fluids, nutrition and medical care and administered illegally obtained prescription drugs by unlicensed persons. She became confused, disoriented, unable to walk and care for herself, and more mentally unstable. She ultimately slipped into a coma or coma-like state.

40. The care givers of SCIENTOLOGY permitted LISA McPHERSON to remain malnourished and later in a coma or similar condition for an extended period of time to assure that she would remain quiet and not cause any more bad public relations.

41. LISA McPHERSON, suffering severe dehydration, ultimately died, even though it was obvious that during the several days prior to her death, she needed nutrition, liquids and urgent medical care and treatment by licensed professional medical personnel.

42. The above actions of the Defendants, SCIENTOLOGY, JOHNSON, KARTUZINSKI and HOUGHTON were carried out by medically untrained and unlicensed personnel of SCIENTOLOGY pursuant to SCIENTOLOGY'S own internal policies, procedures, and bulletins.

43. LISA McPHERSON remained in the exclusive care, custody and control of SCIENTOLOGY from the moment she left the Morton Plant Hospital to the time she arrived at Columbia/HCA New Port Richey Hospital on December 5, 1995.

44. Prior to deciding to take LISA McPHERSON to a hospital while she remained in the defendant's exclusive care, custody, and control, the members of SCIENTOLOGY, willfully, intentionally, methodically, maliciously and as a result of its members' culpable negligence ignored her medical condition according to Hubbard's anti-medicine directives and the demand that his and only his methods were the correct ways of dealing with such mental conditions.

45. On or about December 5, 1995, SCIENTOLOGY, after observing LISA McPHERSON dead or in a comatose state and severely dehydrated for several days, apparently decided for the first time to seek or appear to seek professional medical help and, rather than call 911 for immediate, professional medical help and an ambulance with medics to take her to the nearest medical facility, Morton Plant Hospital, they put her in a private van and drove her to a hospital some 24 miles away where the emergency room physician, a fellow Scientologist, DAVID MINKOFF, M.D., had pre-arranged to meet them in an attempt to conceal her physical condition and cause of death.

46. The above actions of SCIENTOLOGY from the time of her accident until her death, lasted a total of 17 days which resulted in the pronounced death of LISA McPHERSON on December 5, 1995, at Columbia/HCA New Port Richey Hospital due to extreme bed rest and extreme dehydration.

47. The above actions of SCIENTOLOGY were the result of persisting in their attempt to subdue the will of LISA McPHERSON, who expressed her desire to leave SCIENTOLOGY and who had violated the strict rules of SCIENTOLOGY by seeking outside help, so that she would succumb to the will of SCIENTOLOGY.

48. The above actions of SCIENTOLOGY were the result of their premeditated design to follow their techniques, bulletins, and procedures, which were performed by or at the direction of SCIENTOLOGY willfully, intentionally, maliciously and in total disregard of the rights of LISA McPHERSON in addition to their culpable negligence and gross negligence in failing to obtain timely appropriate emergency medical care through licensed medical providers when the need to do so was overwhelmingly obvious.

49. As a result of the above actions of SCIENTOLOGY, and the Defendants, LISA McPHERSON suffered extreme physical and mental suffering and pain, anguish and physical injury while enduring her "ethics handling" and later inside the Ft. Harrison Hotel from November 18, 1995 to December 5, 1995 in addition to loss of earnings and net accumulations.

50. As a result of the above actions of SCIENTOLOGY and the Defendants the sole surviving heir of LISA McPHERSON, her mother, FANNIE McPHERSON, suffered physically and extreme emotional mental pain and suffering.

COUNT I - STATUTORY WRONGFUL DEATH

51. This is an action for damages for wrongful death pursuant to Florida Statutes, ?768.16, et seq., known as "Florida Wrongful Death Act."

52. Plaintiff realleges and incorporates the allegations contained in ?1 through ?50 above.

53. The Defendant, DAVID MINKOFF, M.D . participated in this activity with SCIENTOLOGY by first agreeing and then implementing the following:

(a) without knowledge of her physical condition and without monitoring her physical condition, writing prescriptions to be administered to LISA McPHERSON and concealing the fact that these prescriptions would be given to her by unlicensed personnel and writing them in the names of persons other than LISA McPHERSON, to facilitate her "Isolation" at the Ft. Harrison Hotel. At the time the prescriptions were written, MINKOFF and SCIENTOLOGY both knew that it was illegal to write prescriptions to non-patients of DAVID MINKOFF;

(b) by DAVID MINKOFF agreeing with SCIENTOLOGY to see LISA McPHERSON and instructing fellow Scientologists in possession of LISA McPHERSON to bring her body to a distant hospital so as to conceal the true facts associated with her care and death as well as the cause of death.

54. As a result of the above actions by Defendants, the ESTATE OF LISA McPHERSON in addition to the aforementioned damages has suffered medical and funeral expenses.

WHEREFORE, the Plaintiff, ESTATE OF LISA McPHERSON, by and through DELL LIEBREICH, its Personal Representative, demands judgment against the Defendant, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.;BENNETTA SLAUGHTER; PRODEX, INC. d/b/a/ AMC PUBLISHING COMPANY; JANIS JOHNSON M.D.; ALAIN KARTUZINSKI; DAVID HOUGHTON, D.D.S.; and DAVID MINKOFF, M.D., jointly and severally, for compensatory damages and punitive damages, together with costs and other relief as the court may deem just in the premises and demands trial by jury.

COUNT II - COMMON LAW WRONGFUL DEATH

55. This is a cause of action for common law wrongful death and brought pursuant to F.S. Sec. 46.021.

56. Plaintiff realleges and incorporates herein the allegations contained in ?1 through ?50 above.

57. The Defendant, DAVID MINKOFF, M.D. participated in this activity with SCIENTOLOGY by first agreeing and then implementing the following:

(a) without knowledge of her physical condition and without monitoring her physical condition, writing prescriptions to be administered to LISA McPHERSON and concealing the fact that these prescriptions would be given to her by unlicensed personnel and writing them in the names of persons other than LISA McPHERSON, to facilitate her "Isolation" at the Ft. Harrison Hotel. At the time the prescriptions were written, MINKOFF and SCIENTOLOGY both knew that it was illegal to write prescriptions to non-patients of DAVID MINKOFF;

(b) by DAVID MINKOFF agreeing with SCIENTOLOGY to see LISA McPHERSON and instructing fellow Scientologists in possession of LISA McPHERSON to bring her body to a distant hospital so as to conceal the true facts associated with her care and death as well as the cause of death.

58. As the result of the above actions of Defendants, LISA McPHERSON suffered extreme torture, isolation, hematomas, contusions, abrasions, insect bites, bloody nose, bloody chin, dehydration, coma, duress and unbelievable psychological damage and mental anguish, pain and suffering, which ultimately resulted in her death.

59. As a result of the above actions by the Defendants, the ESTATE OF LISA McPHERSON has suffered medical and funeral expenses.

WHEREFORE, the Plaintiff, ESTATE OF LISA McPHERSON, by and through DELL LIEBREICH, its Personal Representative, demands judgment against the Defendant, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.;BENNETTA SLAUGHTER; PRODEX, INC. d/b/a/ AMC PUBLISHING COMPANY; JANIS JOHNSON M.D.; ALAIN KARTUZINSKI; DAVID HOUGHTON, D.D.S.; and DAVID MINKOFF, M.D., jointly and severally, for common law compensatory damages and punitive damages, together with costs and other relief as the court may deem just in the premises and demands trial by jury.

COUNT III - INTENTIONAL AND RECKLESS INFLICTION OF EMOTIONAL DISTRESS

60. This is an action for damages, including punitive and compensatory, pursuant to Florida Statute, ?46.021.

61. Plaintiff realleges and incorporates the allegations contained in ?1 through ?50 above.

62. Defendants, SCIENTOLOGY, KARTUZINSKI, JOHNSON, AND HOUGHTON intentionally imprisoned LISA McPHERSON against her will, inside the Ft. Harrison Hotel from November 18, 1995 to December 5, 1995.

63. The Defendant, DAVID MINKOFF, M.D. participated in this outrageous conduct with SCIENTOLOGY by first agreeing and then implementing the following:

(a) without knowledge of her physical condition and without monitoring her physical condition, writing prescriptions to be administered to LISA McPHERSON and concealing the fact that these prescriptions would be given to her by unlicensed personnel and writing them in the names of persons other than LISA McPHERSON, to facilitate her "Isolation" at the Ft. Harrison Hotel. At the time the prescriptions were written, MINKOFF and SCIENTOLOGY both knew that it was illegal to write prescriptions to non-patients of DAVID MINKOFF;

(b) by DAVID MINKOFF agreeing with SCIENTOLOGY to see LISA McPHERSON and instructing fellow Scientologists in possession of LISA McPHERSON to bring her body to a distant hospital so as to conceal the true facts associated with her care and death as well as the cause of death.

64. While imprisoned inside the Ft. Harrison Hotel, LISA McPHERSON demanded to be set free, banged on the walls and was at times physically restrained or physically detained by SCIENTOLOGY.

65. The above actions of Defendants, SCIENTOLOGY, KARTUZINSKI, JOHNSON, HOUGHTON and MINKOFF are outrageous in that they are utterly intolerable in a civilized community.

66. As a result of the above outrageous actions of these Defendants, LISA McPHERSON suffered extreme torture, isolation, hematomas, contusions, abrasions, insect bites, bloody nose, bloody chin, dehydration, coma, duress and unbelievable psychological damage and mental anguish, pain and suffering.

WHEREFORE, the Plaintiff, ESTATE OF LISA McPHERSON, by and through DELL LIEBREICH, its Personal Representative, demands judgment against the Defendant, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.; JANIS JOHNSON M.D.; ALAIN KARTUZINSKI; DAVID HOUGHTON, D.D.S.; and DAVID MINKOFF, M.D., jointly and severally, for common law compensatory damages and punitive damages, together with costs and other relief as the court may deem just in the premises and demands trial by jury.

COUNT IV - FALSE IMPRISONMENT

67. This is an action for damages, including punitive and compensatory, pursuant to Florida Statute, ?46.021.

68. Plaintiff realleges and incorporates the allegations contained in ?1 through ?50 above.

69. Defendants, SCIENTOLOGY, KARTUZINSKI, JOHNSON, and HOUGHTON intentionally imprisoned LISA McPHERSON against her will, inside the Ft. Harrison Hotel from November 18, 1995 to December 5, 1995.

70. The Defendant, DAVID MINKOFF, M.D. participated in this activity with SCIENTOLOGY by first agreeing and then implementing the following:

(a) without knowledge of her physical condition and without monitoring her physical condition, writing prescriptions to be administered to LISA McPHERSON and concealing the fact that these prescriptions would be given to her by unlicensed personnel and writing them in the names of persons other than LISA McPHERSON, to facilitate her "Isolation" at the Ft. Harrison Hotel. At the time the prescriptions were written, MINKOFF and SCIENTOLOGY both knew that it was illegal to write prescriptions to non-patients of DAVID MINKOFF;

(b) by DAVID MINKOFF agreeing with SCIENTOLOGY to see LISA McPHERSON and instructing fellow Scientologists in possession of LISA McPHERSON to bring her body to a distant hospital so as to conceal the true facts associated with her care and death as well as the cause of death.

71. At all times material herein, Defendants, BENNETTA SLAUGHTER and AMC PUBLISHING COMPANY, with knowledge of LISA McPHERSON'S prior "psychotic break" from similar programs, intentionally and recklessly subjected LISA McPHERSON to "ethics" with the very known foreseeable result of causing her to experience a "psychotic break", which would then forseeably result in forced "Isolation."

72. Scientology "ethics" did in fact cause LISA McPHERSON to experience a "psychotic break", which lead her into being forced into "Isolation", (as these terms are used in Scientology). While imprisoned inside the Ft. Harrison Hotel, LISA McPHERSON demanded to be set free, banged on the walls and was at times physically restrained or physically detained by SCIENTOLOGY.

73. As the result of the above actions of the Defendants, LISA McPHERSON suffered extreme duress, torture, isolation, hematomas, contusions, abrasions, insect bites, bloody nose, bloody chin, dehydration, coma, and unbelievable psychological damage and mental anguish, pain and suffering.

WHEREFORE, the Plaintiff, ESTATE OF LISA McPHERSON, by and through DELL LIEBREICH, its Personal Representative, demands judgment against the Defendant, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.;BENNETTA SLAUGHTER; PRODEX, INC. d/b/a/ AMC PUBLISHING COMPANY; JANIS JOHNSON M.D.; ALAIN KARTUZINSKI; DAVID HOUGHTON, D.D.S.; and DAVID MINKOFF, M.D., jointly and severally, for common law compensatory damages and punitive damages, together with costs.

COUNT V - VIOLATION UNDER FLORIDA STATUTES, CHAPTER 400

74. This is an action for damages under Florida Statutes, Chapter 400 entitled "NURSING HOMES AND RELATED HEALTH CARE FACILITIES", and brought pursuant to F.S. Sec. 400.023 and F.S. Sec. 400.429 (1995).

75. Plaintiff realleges and incorporates herein the allegations contained in ?1 through ?50 above.

76. As part of its established practices, Defendant, SCIENTOLOGY, provides treatment and care in excess of 24 hours to its members who it decides, through its managing agents, to forcibly keep in isolation. SCIENTOLOGY has many facilities where it places the members of SCIENTOLOGY in isolation, one of which is the Ft. Harrison Hotel, which is a "facility" as defined in F.S. Sec. 400.021(8) and (11); F.S. Sec. 400.402 (3); and F.S. Sec. 400.551(1), which under Florida Law was required to be licensed and professionally staffed.

77. On November 18, 1995, LISA McPHERSON became a member of the protected class as defined in Chapter 400, Florida Statutes, and Title 58, Florida Administrative Code, when, while in the exclusive care, custody and control of Defendant, FLAG, LISA McPHERSON became incapable of caring for herself, needed psychological and medical care, and was unable to ambulate.

78. The Defendant, FLAG, had the duty to be licensed with trained personnel per F.S. Sec. 400.404 and 400.407 to provide that level of care prescribed under Florida Statutes, Chapter 400, and Title 58 or transfer LISA McPHERSON to an appropriate licensed medical facility or one defined in Florida Statute, ?400.011, .402, .551 or Title 58, Florida Administrative Code.

79. Rather than transfer LISA McPHERSON, FLAG chose to keep her and thus assumed the duties under Chapter 400 and Title 58, to wit:

(a) provide supervision of diets as to quantity and quality;

(b) provide daily observation and awareness of health:

(c) promptly note in LISA McPHERSON's records any change in her normal appearance or state of health or well-being;

(d) notify LISA McPHERSON's family when she exhibited a significant change;

(e) protect and facilitate the exercise of LISA McPHERSON's rights and freedoms in accordance with the Resident Bill of Rights per Florida Statute, ?410.428;

(f) not keep LISA McPHERSON against her will;

(g) not use physical restraints against LISA McPHERSON; (h) keep detailed records of LISA McPHERSON;

(I) provide necessary and adequately trained staff;

(j) provide a regular diet to meet the nutritional needs of LISA McPHERSON; and

(k) provide adequate and necessary drinking water.

80. As previously alleged above in ?41 through ?50, FLAG breached all the duties stated in ?74 above.

81. As a result of the above actions by FLAG, LISA McPHERSON suffered extreme torture, isolation, hematomas, contusions, abrasions, insect bites, bloody nose, bloody chin, malnutrition, dehydration, coma, duress and unbelievable psychological damage and mental anguish, pain and suffering, which ultimately resulted in her death. LISA McPHERSON has also suffered loss of earnings and loss of prospective net accumulations, plus medical and funeral expenses.

82. The above actions of the Defendant, FLAG, violated the Bill of Rights of LISA McPHERSON as established in Florida Statutes, ?400.428, for which the Plaintiff seeks damages including punitive damages as provided in Florida Statutes, ?400.429, plus costs and attorney fees as provided therein.

WHEREFORE, the Plaintiff, ESTATE OF LISA McPHERSON, by and through, DELL LIEBREICH, its Personal Representative, demands judgment against the Defendant, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., for compensatory damages, punitive damages, and attorney fees together with costs and other relief as the court may deem just in the premises and demands trial by jury.

COUNT VI -VIOLATION OF CHAPTER 415

83. Plaintiff realleges and incorporates herein the allegations in paragraphs 1 through 50 above.

84. At all times material times herein LISA McPHERSON was a "disabled adult" as that term is defined in F.S. 415.102(10) and a "victim" as defined in F.S. 415.102(35) in Chapter 415 of Florida Statutes entitled "Protection From Abuse, Neglect, and Exploitation."

85. At all times material herein FLAG and its staff were "care givers" as that term is defined in F.S. Sec. 415.102 (4), but lacked "specified medical personnel" as defined in F.S. Sec. 415.201(33).

86. FLAG, by virtue of its authoritarian position to and its forced isolation and imprisonment of LISA McPHERSON, had a "fiduciary relationship" to LISA McPHERSON as that term is defined in F.S. Sec. 415.102(15) and held a "position of trust" to her as defined in F.S.Sec.415.102(24).

87. The above actions of FLAG inflicted severe "psychological injury" as that term is defined in F.S. Sec. 415.201(30).

88. The above stated actions by FLAG were acts of "neglect" toward LISA McPHERSON as defined in F.S. 415.102(20), while she lacked the "capacity to consent" as that term is defined in F.S. 415.102(19).

89. As the result of the above acts of FLAG, LISA McPHERSON suffered extreme torture, isolation, hematomas, contusions, abrasions, insect bites, bloody nose, bloody chin, dehydration, coma, duress and unbelievable psychological damage and mental anguish, pain and suffering, which ultimately resulted in her death.

90. As a result of the above statutory violations the estate is entitled to punitive damages, compensatory damages, costs, and attorney fees per Chapter 415.

WHEREFORE, the Plaintiff, ESTATE OF LISA McPHERSON, by and through DELL LIEBREICH, its Personal Representative, demands compensatory and punitive damages against the Defendant, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., together with costs, attorney fees and other relief as the court may deem just in the premises and demands trial by jury.

COUNT VII - FRAUD

91. Plaintiff realleges and incorporates herein the allegations in ?1 through ?50 above.

92. At all times material herein, FLAG misrepresented to LISA McPHERSON that it promulgated techniques and practices that were scientifically proven and would ultimately end in LISA McPHERSON's acquiring a god-like and disease free existence. These claims were started in 1950 when Hubbard claimed that his methods could deliver health, memory and happiness. It continued into SCIENTOLOGY with further promises of states "far beyond human" and a state of "homo novis" and "operating thetan" where one can operate without a body. These claims have been made in numerous SCIENTOLOGY publications and promotional pieces intended to have the person pay for books, classes, courses and other SCIENTOLOGY procedures.

93. At the time these misrepresentations were made, SCIENTOLOGY knew them to be false and intended LISA McPHERSON to rely upon them to her detriment by paying into SCIENTOLOGY hundreds of thousands of dollars without obtaining the guaranteed results.

94. LISA McPHERSON relied upon these misrepresentations to her detriment, which culminated in her loss of payments, forced psychological breakdown, total isolation, severe dehydration and death.

WHEREFORE, Plaintiff, ESTATE OF LISA McPHERSON, by and through DELL LIEBREICH, its Personal Representative, demands a refund of all sums paid to CHURCH OF SCIENTOLOGY, plus compensatory and punitive damages, against the Defendant, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., together with costs and other relief deemed just by the court and demands trial by jury.

COUNT VIII - RESCISSION OF CONTRACT

95. Plaintiff realleges and incorporates herein the allegations in ?1 through ?52 above.

96. In exchange for money paid, FLAG contracted with LISA McPHERSON under an unconditional guarantee to provide her with programs and techniques which would benefit her physically and mentally.

97. LISA McPHERSON did not receive any benefit of the bargain for which she contracted, but FLAG received substantial sums of money from LISA McPHERSON.

98. Plaintiff seeks rescission of contract and a refund of all monies paid to FLAG and all other Scientology entities as a result of the failure of SCIENTOLOGY to provide any guaranteed benefits.

WHEREFORE, Plaintiff, DELL LIEBREICH, as Personal Representative of the ESTATE OF LISA McPHERSON, demands compensatory damages against the Defendants, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC. together with costs and other relief deemed just by the court and demands trial by jury.

COUNT IX - DECEPTIVE TRADE PRACTICES

99. Plaintiff realleges paragraphs 1 through 50 above.

100. This is an action brought under F.S. Sec. 501.204 known as Deceptive and Unfair Trade Practices for damages in excess of $15,000.

101. At all times material herein, LISA McPHERSON was a "consumer" as defined under Chapter 501, Florida Statutes.

102. At all times material herein, FLAG was a "business" engaged in trade or commerce as defined under Chapter 501, Florida Statutes.

103. Defendant misrepresented to LISA McPHERSON for 18 years, while she was a member of Defendant, that Defendant had created and maintained a scientifically proven set of programs and philosophy that would result in all those who paid and received these certain programs a new state of being and achieving a god-like state of being, free of disease, insanity, mental disorders or disease, and physical illnesses.

104. At the time Defendant made these representations to seduce LISA MCPHERSON into joining the Defendant and continuously thereafter for 18 years, the Defendant knew that these representations were unproven and unsound as to the claimed ultimate goal, yet received substantial funds from LISA MCPHERSON for her continued "growth" within the many levels of programs, including the achievement by LISA McPHERSON of obtaining "clear." 105. Rather than provide a loving church family and the means to a god-like status, free of mental and physical disease as represented by the Defendant through its many publications, videos, and courses purchased by LISA MCPHERSON, the Defendant caused LISA MCPHERSON to experience a psychotic breakdown and in need of urgent psychological and medical care, which Defendant refused to provide even after it became obvious that the physical and mental abuse Defendant subjected her to was rapidly leading to her premature death.

106. The above actions of Defendant are "unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of Defendant's trade or commerce" and therefore unlawful per F.S. Sec. 501.204, thus entitling the Plaintiff to compensatory damages, punitive damages, costs, and attorney fees per Chapter 501, Florida Statutes.

WHEREFORE, Plaintiff, ESTATE OF LISA MCPHERSON, by and through DELL LIEBREICH, its Personal Representative, demands compensatory damages, punitive damages, and attorney fees against the Defendant, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., together with costs and other relief deemed just by the court and demands trial by jury.

COUNT X - INTENTIONAL/RECKLESS INFLICTION OF EMOTIONAL DISTRESS

107. Plaintiff realleges paragraphs one through 50 above.

108. At all times material herein, Defendants, BENNETTA SLAUGHTER and PRODEX INC. d/b/a/ AMC PUBLISHING COMPANY, intentionally and recklessly subjected LISA McPHERSON to Scientology "ethics" with the very known foreseeable result of causing her to experience a "psychotic break".

109. Scientology "ethics" did in fact cause Lisa to experience a "psychotic break", which lead her into being forced into "Isolation", (as these terms are used in Scientology), all of which caused LISA McPHERSON to experience extreme mental suffering and emotional damage. WHEREFORE, Plaintiff, the ESTATE OF LISA MCPHERSON, by and through DELL LIEBREICH, as Personal Representative, demands compensatory damages and punitive damages against Defendants, BENNETTA SLAUGHTER and PRODEX, INC. d/b/a AMC PUBLISHING COMPANY, jointly and severally, together with costs and other relief deemed just by the court and demands trial by jury.

COUNT XI - BATTERY

110. Plaintiff realleges paragraphs 1 through 50 above.

111. During her confinement at the Ft. Harrison Hotel, LISA McPHERSON was subjected to repeated battery upon her person without her consent by FLAG, which consisted of repeated non-consensual physical contact as well as repeated forced feedings and forced injections or other delivery of medications and other substances.

112. As a result of the battery upon her person, LISA McPHERSON suffered extreme torture, isolation, hematomas, contusions, abrasions, insect bites, bloody nose, bloody chin, dehydration, coma, duress and unbelievable psychological damage and mental anguish, pain and suffering.

WHEREFORE, Plaintiff, the ESTATE OF LISA MCPHERSON, by and through DELL LIEBREICH, as Personal Representative, and demands compensatory damages, punitive damages against CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., together with costs and other relief deemed just by the court and demands trial by jury.

COUNT XII - NEGLIGENCE

113. Plaintiff realleges and incorporates herein the allegations contained in ?1 through ?50 above.

114. At all times material herein, FLAG, as owner of the premises and the organization which housed LISA McPHERSON had the duty to LISA McPHERSON to take reasonable action to give her first aid after it knew she was ill or injured and to care for her by summoning appropriate emergency medical professionals or providing her appropriate medical care until it knew she could be cared for by licensed medical professionals.

115. FLAG breached its duty to LISA McPHERSON by taking no action to seek and provide her urgent medical care she obviously needed.

116. The above actions by FLAG was the result of its reckless, intentional and culpable negligence at a time when LISA McPHERSON was physically and mentally unable to care for herself.

117. As a result, LISA McPHERSON suffered a pulmonary embolism,, hematomas, contusions, abrasions, insect bites, bloody nose, bloody chin, dehydration, coma, duress and unbelievable psychological damage and mental anguish, pain and suffering.

WHEREFORE, Plaintiff, ESTATE OF LISA MCPHERSON, by and through DELL LIEBREICH, its Personal Representative, demands compensatory damages, and punitive damages against the Defendant, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., together with costs and other relief deemed just by the court and demands trial by jury.

COUNT XIII - CIVIL CONSPIRACY

118. Plaintiff realleges and incorporates herein the allegations contained in ?1 through ?50 above.

119. Defendants, FLAG, MINKOFF, JANIS JOHNSON, DAVID HOUGHTON and ALAIN KARTUZINSKI conspired to keep LISA McPHERSON in isolation inside the Ft. Harrison Hotel against her will until she conformed to the rule of Scientology from November 18, 1995 to December 5, 1995.

120. On December 5, 1995, it became apparent to these Defendants that LISA McPHERSON was near death and in need of urgent medical care. Rather than call 911 or transport her to the closest emergency room at Morton Plant Hospital, these Defendants decided to transport her forty-five minutes away to the Columbia/HCA New Port Richey Hospital where MINKOFF was waiting in order to conceal her physical condition and death.

121. As a result of this conspiracy, LISA McPHERSON suffered extreme mental and physical pain and suffering.

WHEREFORE, Plaintiff, ESTATE OF LISA MCPHERSON, by and through DELL LIEBREICH, its Personal Representative, demands compensatory damages, and punitive damages against the Defendants, CHURCH OF SCIENTOLOGY d/b/a CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.; DAVID MINKOFF; JANIS JOHNSON; ALAN KARTUZINSKI; and DAVID HOUGHTON together with costs and other relief deemed just by the court and demands trial by jury.

COUNTY XIV - VIOLATION OF CHAPTER 458- PRACTICING MEDICINE WITHOUT A LICENSE

122. Plaintiff realleges Paragraphs 1 through 50 above.

123. The Defendant, FLAG, by and through Defendants, ALAIN KARTUZINSKI, JANIS JOHNSON, DAVID HOUGHTON with the help of Defendant, DAVID MINKOFF in illegally obtaining prescription drugs for them to administer to LISA McPHERSON, practiced medicine upon LISA McPHERSON without a license as required by Chapter 458 of the Florida Statutes by administering orally and via muscular injections prescription drugs which were illegally obtained at the time the Defendants KARTUZINSKI, JOHNSON, AND HOUGHTON were unlicensed in the State of Florida.

124. The above actions of the Defendants in combination with the Defendants administering vitamin and mineral concoctions resulted in LISA McPHERSON'S dramatic weight loss, severe dehydration and the inability to ambulate with the further result of continuing physical and mental pain, suffering, and imprisonment.

WHEREFORE, Plaintiff, ESTATE OF LISA MCPHERSON, by and through DELL LIEBREICH, its Personal Representative, demands compensatory damages and punitive damages against the Defendants, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.; DAVID MINKOFF; JANIS JOHNSON; ALAN KARTUZINSKI; and DAVID HOUGHTON together with costs and other relief deemed just by the court and demands trial by jury.

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this ____ day of November, 1997, to MORRIS WEINBERG, JR., ESQ. and LAURA L. VAUGHAN, ESQ., 401 East Jackson Street, Suite 2525, Tampa, Florida 33602.

KENNAN G. DANDAR, ESQ. DANDAR & DANDAR, P.A. 1009 North O'Brien Street Post Office Box 24597 Tampa, Florida 33623-4597

813-289-3858/FAX: 813-287-0895 Florida Bar No. 289698 Attorney for Plaintiff


to life and death of Lisa McPherson