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Another creationist serial litigator goes down in flames

Larry Caldwell has a history of suing in California courts for creationist causes. Mike Dunford has some material on the latest attempt to claim that leaving out Christian myths was “viewpoint discrimination”, and in particular on their interesting choice of a star witness.

The Christian schools hired Dr. Behe (for $20,000) as an expert in “biology and physics.” (That second part should make Chad and Rob’s heads explode, given that Behe has absolutely no physics experience of any kind.) To earn his fee, Dr. Behe prepared a report that said, basically, that the Christian textbooks are excellent works for high school students. He also defended that view in a deposition that was taken back at the end of May.

Wooeee, that Behe fella has a real racket going. No wonder he’s so committed to his absurd version of creationism — there’s profit in it.

Anyway, Chad and Rob can break out the superglue and reassemble their crania now, and use a pastry gun to reinject their splattered brains. The case has been dismissed.

I’m sure Mr Caldwell will be back next month, filing another frivolous lawsuit. I’m also sure the Discovery Institute will be very, very quiet about this new failure in their history of legal shenanigans.

Oops. Behe was testifying in a different case in California. How many suits are the creationists involved in, anyway? Wesley has the rundown on the correct legal case.

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Comments

  2. MartinM says

    Those are two different cases, no? I don’t think Caldwell was involved with the UC case Mike discusses.

    Good to see Caldwell fail once more. He’d be lucky to win a raffle, let alone a lawsuit.

  3. oxytocin says

    More evidence that ID is a COMPLETELY SECULAR THEORY.

    …And yet, for some reason I doubt. Oh ye of little faith!

  4. says

    I’m really surprised they went with the “viewpoint discrimination” angle, since if they won the case, that would seem to me to open the door to all creation myths, not just the genesis account.

    But, $20,000.00 to lie for ID? Damn my morals. That sounds like a easy job.

  5. Reginald Selkirk says

    The case Behe is pimiping for is ACSI (Association of Christian Schools International) et al. v. Stearns, et al.

  7. says

    Some excerpts from the Court’s opinion:

    More specifically, this case is not about whether a theory of intelligent design can or should be included in the science curriculum for schools in the District. Rather, this case is about whether Larry Caldwell was denied access to speak in various fora or participate in certain processes because of his actual or perceived religious beliefs.

    Plaintiff’s ignorance of the Board’s procedural requirements is not an excuse for non-compliance, nor can it form the basis for holding defendants liable of a First Amendment violation.

    Defendants contend that Caldwell never requested that his item be placed on the agenda of a CIT meeting prior to December 2003. Plaintiff argues that his e-mail sent September 22, 2003, included a request that his proposed QSE Policy be placed on the agenda of a CIT meeting. The court has reviewed this e-mail and finds that it does not contain such a request.

    Plaintiff asserts that defendants’ restriction of his participation in meetings, failure to give full review of his QSEP, and failure to remedy violations of his constitutional rights violate the Establishment Clause of the United States Constitution.

    Again, as set forth above in the court’s analysis of plaintiff’s Free Speech claim, the undisputed evidence demonstrates that defendants failed to place plaintiff’s proposed QSE Policy on the agenda of school board meetings because of his failure to comply with the requirements of Board Bylaw 9365. Furthermore, plaintiff has failed to proffer evidence that defendants’ proffered reason was merely a pretext for discrimination based on viewpoint or defendant’s actual or perceived religious beliefs.

    Bottom line? He got FAR too many opportunities to speak at the School Board and to make presentations to parents and science teachers, but he did not follow the defined procedures for putting things on the agenda.

  8. Bob L says

    Bottom line? He got FAR too many opportunities to speak at the School Board and to make presentations to parents and science teachers, but he did not follow the defined procedures for putting things on the agenda.

    So not only is Caldwell such an arrogant dip he wants his own opinion taught as fact, he refuses to follow the rules about getting changes done and harasses people who refuse to cowtow to his whims. Sounds like perfect Christian to me.

  10. says

    Hey, I thought fundamentalist xtians were against prostitution? And here they are paying twenty grand to Behe to fellate them in court? Seems a bit hypocritical. Plus, it’s not a very good idea on Behe’s part if you asked me. Ever since crawling into bed with the creationists, no one else is gonna want to touch him no matter how proper a whore he is.

  11. WCD says

    Caldwell isn’t (directly) part of the creationist lawsuit you mentioned.
    He did file a lawsuit against UC because he didn’t like the Understanding Evolution website; that suit was thrown out. He did file suit against Genie Scott (NCSE); that suit went nowhere. His Science Proposal to the district was evaluated and denied after we labored through three board meetings (Sept./Oct.? May?, & June) with his proposal as the central focus; AND a special meeting with the science teachers (Dec.)in order to present his proposal along with (expert?) Mr. dr.Cornelius Hunter. And now this suit is thrown out. Mr. Caldwell is 0 – 4. Larry – the Fat Lady has sung. His rediculous QSEA website looks like it has closed down (restructuring??) but I suppose he may still be allowed to post on the DI’s blog; not that would advocate Intelligent Design. Yeah, right.

  12. Law Student says

    Yep, there can be money in liligation.

    The firm that handled the Dover case got a MILLION bucks and priceless publicity.

    Great work if you can get it.

  13. says

    This is Caldwell’s “they wouldn’t buy my creationist school materials case.” I got the decision but it’s 66 pages (double spaced) long. The bottom line:

    Plaintiff has failed to proffer any evidence that he was treated differently than other similarly situated individuals. For example, plaintiff neither argues nor produces evidence that other individuals who did not comply with the written notice requirement of Board Bylaw 9365 had their items placed on the agenda of school board meetings. Nor does plaintiff argue or produce evidence that other parents with different views on the issue of evolution were allowed to speak at CIT meetings while he was not. Nor does plaintiff argue or produce evidence that other parents who received an interim procedure also received the levels of review set forth in Staff Rule 6521.34 Rather, plaintiff merely repeats his same conclusory arguments that he was discriminated against on the basis of his religion. As set forth above, the court has found that plaintiff has failed to proffer evidence sufficient to demonstrate a triable issue of fact as to any of his constitutional claims based upon this alleged discrimination.

    Or, in other words, STOP WHINING!

  14. Ichthyic says

    The firm that handled the Dover case got a MILLION bucks and priceless publicity.

    did the Thomas Moore Law Center get priceless publicity for their participation?

    *snicker*

  15. JohnnieCanuck, FCD says

    The man craves attention. Acting out gets him attention. He probably even gets some positive attention from some of the faithful. All the failures are really successes, if you rationalise carefully enough.

    Shows what happens when compartmentalisation is encouraged.

  16. W. Kevin Vicklund says

    The firm that handled the Dover case got a MILLION bucks and priceless publicity.

    No, the firm that handled the Dover case TURNED DOWN over $1,070,000. All they got was publicity (quick quiz – without looking it up, name the firm) and a reimbursement of costs.

  17. peter irons says

    Kevin,

    Actually, the firm that handled the Dover case (Pepper Hamilton in Philadelphia) was awarded over $2 million in attorneys’ fees and costs by Judge Jones, but they decided to take only $1,000,011 (the eleven bucks was $1 for each plaintiff) to avoid bankrupting the school board. The final award was split between Pepper Hamilton, the Pennsylvania ACLU, and Americans United for Separation of Church and State, all of which contributed lawyers to the case. So the plaintiffs gave back a million bucks they were entitled to.

  18. raven says

    OK so the creep creo lawyer lost his frivolous lawsuit. For frivolous lawsuits the judge can award court costs and lawyers fees of the defendants to be paid by the plaintiff. In a SLAPP suit that is for sure but this doesn’t quite look like a SLAPP suit.

    Frivolous and malicious litigation can also be civil torts as can abuse of process or abuse of the judicial system. Since he didn’t have a case, these might well apply also.

    Judges really hate bogus frivolous lawsuits clogging up the court calendar. These are smart busy people with serious cases to try.

    What was his legal standing to even bring such a suit. If he didn’t have children in the school system or was filing on behalf of parents or such, his standing should have been pretty questionable.

  19. S.G.E.W. says

    This post has great timing for me: I just read the case Kitzmiller v. Dover Area Sch. Distr. 400 F. Supp. 2d 707 (M.D. Pa. 2005) for my Church and State class (law school, in case yer wonderin’). You know, the “Of Pandas and People” case, where a circuit Judge basically ruled that “Intelligent Design” is not science. As a matter of law. Heh.

    “Professor” Behe’s name is all over the case, but my favorite part is where he admits that his “broadened definition of science” would have to also include astrology. Mwa ha ha ha! That must have been the best cross-examination ever!!

    Anyway, time to meet with my advisor and work on my article for a journal that argues that governmental functions should not be allowed to open with “sectarian” prayers. Wish me luck!

  20. S.G.E.W. says

    This post has great timing for me: I just read the case Kitzmiller v. Dover Area Sch. Distr. 400 F. Supp. 2d 707 (M.D. Pa. 2005) for my Church and State class (law school, in case yer wonderin’). You know, the “Of Pandas and People” case, where a circuit Judge basically ruled that “Intelligent Design” is not science. As a matter of law. Heh.

    “Professor” Behe’s name is all over the case, but my favorite part is where he admits that his “broadened definition of science” would have to also include astrology. Mwa ha ha ha! That must have been the best cross-examination ever!!

    Anyway, time to meet with my advisor and work on my article for a journal that argues that governmental functions should not be allowed to open with “sectarian” prayers. Wish me luck!

  21. Michael Kingsley says

    I recently found out about a particular book published in April of this year. In Creation and the Courts: Eighty Years of Conflict in the Classroom and the Courtroom, Norman Geisler appears to call out for a grass roots movement among creationists to “take on” the legal system. I’m not advocating the book, but suggest that those who believe that science should be taught in science classes (and religious doctrine be studied in churches and (comparative) religion courses only) might be interested in recognizing the tactics being used.

    More info on the book at http://www.gnpcb.org/product/1581348363