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Home > Shamblin v. Martinez

Shamblin v. Martinez [1]

Submitted by DMLP Staff on Mon, 09/10/2007 - 15:59

Summary

Threat Type: 

Lawsuit

Date: 

11/06/2006

Status: 

Concluded

Disposition: 

Dismissed (partial)
Withdrawn

Location: 

Tennessee

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
False Light
An anonymous blogger made critical statements about Gwen Shamblin, leader of the Remnant Fellowship church, and about the group's beliefs and practices. One of the statements implied that two Remnant Fellowship members who were indicted for beating their eight-year old son to... read full description
Parties

Party Issuing Legal Threat: 

Gwen Shamblin; Kent Smith; Regina Smith; 64 Other Members of the Remnant Fellowship Church

Party Receiving Legal Threat: 

Anonymous Blogger; Rafael Martinez

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Tennessee

Location of Party: 

  • Tennessee

Legal Counsel: 

Samuel Harris

Legal Counsel: 

G. Philip Anderson
Description

An anonymous blogger made critical statements about Gwen Shamblin, leader of the Remnant Fellowship church, and about the group's beliefs and practices. One of the statements implied that two Remnant Fellowship members who were indicted for beating their eight-year old son to death had relied on advice from "Remnant leadership." Other statements detailed the prices paid by Shamblin for properties she owned. The anonymous blogger also allegedly posted photographs of the children of Remnant Fellowship members, family photos, names and ages of children, and members' home addresses.

Sixty-seven members of the group, including Shamblin, filed a lawsuit against the anonymous blogger in Tennessee state court, claiming defamation and false light invasion of privacy. The plaintiffs also named Reverend Rafael Martinez, who runs a website dedicated to warning the public about cults, in the complaint. Martinez maintains that he had no connection whatsoever to the anonymous blogger. The complaint alleges that Martinez defamed the plaintiffs by making statements that the church's practices were "dangerous and destructive" and indicating that church doctrine advocated "extreme fasting" and "extreme discipline for children," including spankings and whippings.

Martinez moved to dismiss the claim against him in January 2007. The court granted his motion in April 2007, but granted the plaintiffs permission to amend the complaint. Rather than amending, the plaintiffs voluntarily withdrew the lawsuit.

Related Links: 

NewsChannel5.com: Shamblin, Remnant Fellowship Sue Cult Critic [2]

The Spirit Watch: Statement on Gwen Shamblin et al Litigation Filed Against Spiritwatch Ministries [3]

Details

Web Site(s) Involved: 

Remnant Fellowship [4] (anonymous blogger)

The Spirit Watch [5] (Martinez)

Content Type: 

  • Photo
  • Text

Publication Medium: 

Blog
Website

Subject Area: 

  • Defamation
  • False Light
Court Information & Documents

Jurisdiction: 

  • Tennessee

Source of Law: 

  • Tennessee

Court Name: 

Circuit Court of Williamson County, Tennessee

Court Type: 

State

Case Number: 

No. 6648

Relevant Documents: 

PDF icon 2006-11-06-Amended Complaint.pdf [6]
PDF icon 2007-01-22-Martinez's Motion to Dismiss.pdf [7]
PDF icon 2007-04-10-Notice of Voluntary Dismissal.pdf [8]
PDF icon 2007-03-22-Response to Motin to Dismiss.pdf [9]
PDF icon 2007-04-04-Order Dismissing Complaint with Leave to Amend.pdf [10]
CMLP Information (Private)

CMLP Notes: 

 

 

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Source URL (modified on 08/20/2014 - 11:03pm): https://www.dmlp.org/threats/shamblin-v-martinez

Links
[1] https://www.dmlp.org/threats/shamblin-v-martinez
[2] http://www.newschannel5.com/Global/story.asp?S=5909117
[3] http://www.spiritwatch.org/shamblie2.htm
[4] http://remnanttalks.blogspot.com/
[5] http://www.spiritwatch.org/
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2006-11-06-Amended%20Complaint.pdf
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-01-22-Martinez%27s%20Motion%20to%20Dismiss.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-04-10-Notice%20of%20Voluntary%20Dismissal.pdf
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-03-22-Response%20to%20Motin%20to%20Dismiss.pdf
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-04-04-Order%20Dismissing%20Complaint%20with%20Leave%20to%20Amend.pdf