The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Libel, the Knights of Malta, and Demons
Not a new Dan Brown novel.
From the Complaint filed Thursday in Avodah Farms v. O'Hara-Rusckowski (D. Colo.):
Avodah was formed in February 2020. It works to restore and reintegrate women survivors of sex trafficking ("survivors") through comprehensive, Christ-centered care provided by Catholic religious sisters and faith-filled community. Avodah conducts its non-profit missionary work across the United States….
During the relevant times giving rise to this action, Rusckowski was a member of the Board of Councillors for the American Association of Malta, a Delegate and Special Advisor on Human Trafficking to the Ambassador for the Order of Malta at the United Nations….
In 2021, Rusckowski connected Avodah and Fitzpatrick to the Oblates, a religious order seeking to sell to Avodah certain real property located … (the "Lowell Home"). The Lowell Home was intended to be used as safe housing for survivors, their children, and religious Sisters who had contracted with Avodah to care for the survivors….
Despite having donated significant funds to Avodah for the specific purpose of supporting Avodah's mission, Defendants possessed no legal right or property interests which would permit them to exert control or decision-making authority over the development of the Lowell Home. Despite this, Defendants through their actions, words, and conduct undertook substantial efforts to illegally force the Plaintiffs to abandon the project so Defendants could implement their new vision…..
Rusckowski and the Malta Defendants initiated a smear campaign against Plaintiffs.
Rusckowski, utilized her influential position with the Catholic community to make knowingly false and defamatory statements to third parties that Avodah was "stealing" and "misappropriating" donor funds. Rusckowski further stated to third parties that Avodah was "labor trafficking" religious Sisters. The statements were false and/or made with reckless disregard for their falsity with the intent that they be acted upon, relied upon, and otherwise disseminated.
In the winter of 2023, Defendants made oral and/or written statements to representatives of the Archdiocese of Denver that Avodah had "misappropriated" donor and investor funds and was "labor trafficking" Sisters. At the time these statements were made, Defendants knew the statements were false and made them with reckless disregard for their falsity with the intent that they be acted upon, relied upon, and otherwise disseminated….
Defendants' actions and statements interfered with Avodah's nonprofit work by causing the Archdiocese of Denver to disavow Avodah as a Catholic organization [and also in other ways discussed in the Complaint -EV], causing Plaintiffs to incur significant and severe injuries, damages and losses.
In February 2023, Rusckowski relayed the above defamatory statements to Kristen Meyer, an influential Catholic leader, who thereafter sent written correspondence to other third-parties stating: "If Keenan [Fitzpatrick] approached you or stewards for money or if he is an interloper in any way it's best to keep him far away. He scammed our good friends out of 500k and is ironically and sadly trafficking religious sisters. Happy to discuss further." The statements were false and/or made with reckless disregard for their falsity. Rusckowski knew the statements were false when she made them to Ms. Meyer.
On or about February 19, 2023, Rusckowski sent a group text to a network of potential Avodah donors, along with Fitzpatrick, stating that Rusckowski and Malta had cut ties with Avodah and further stating: "[u]nfortunately, the culprit is still on our "Friends of Deb" List – [Fitzpatrick] is NO friend – more demon than friend!! I will create another list for just TRUE Friends of Deb!" The statement that Fitzpatrick was a demon was false, and made with reckless disregard for its falsity, causing Plaintiffs to incur significant and severe injuries, damages and losses.
In the spring of 2023, Rusckowski called a partner of Avodah and prominent third-party figure within the Catholic community and national anti-trafficking space and stated "Avodah and Fitzpatrick misappropriated funds and were labor trafficking religious sisters who Avodah employed to care for victims of sex trafficking". The statements were false and/or made with reckless disregard for their falsity. At the time the statements were made, Rusckowski knew the statements were false….
I can't speak to the accuracy of any of these allegations, and thus about whether a defamation case can go forward as to most of them. But I am pretty confident that a secular court isn't going to resolve whether "[t]he statement that Fitzpatrick was a demon was false."
