PROVO — The now-defunct Cascade Center for Family Growth in Orem and the estate of its former director are expected to settle a lawsuit brought by the operator of a Web site that was critical of the treatment clinic's use of a controversial "holding therapy."
The suit by Alan Misbach — who operates www.kidscomefirst — was filed in response to a suit filed by Laura Thalin, who was the director of Hope For The Children charity, the Cascade Center's fund-raising arm. The center and director Larry VanBloem backed Thalin's suit.
In her suit, Thalin alleged that the Web site created by Misbach was defamatory and misrepresented her.
The Web site contains photos and links to news articles and documents about holding therapy, a controversial treatment method for troubled children. It also included information about a previous no-contest plea to harassment on Thalin's record.
Misbach and his attorney, Evan Schmutz, argue that Thalin's claim was an attempt to stifle Misbach's first-amendment right to free speech against the therapy. Because of that, they filed a counter-lawsuit of their own.
"Our counter claim contends that the complaint was actually a use of the judicial process to improperly chill government activity and first-amendment rights," Schmutz said.
Schmutz said because Misbach was also involved with a Division of Occupational and Professional Licensing investigation of individuals at the Cascade Center in his then-position as treatment coordinator at the Utah County Children's Justice Center, the complaint was not just a violation of his first-amendment right of free speech, but an attempt to curb his activity and involvement in government proceedings as well.
On Wednesday, attorney John Lunt told a 4th District Court judge that he is now representing the center and VanBloem's estate. Since VanBloem's death in a car accident last December, the center has crumbled and has almost no financial assets.
Outside the courtroom, Lunt said he would consider the possibility of "confessing a judgment" — which is similar to a no contest plea in criminal court — although he still needs time to discuss it before he stipulates to Misbach's claims.
"No one's really admitting anything," he said, but like a "no-contest plea" a summary judgment is a procedure used when individuals are tired of fighting a lawsuit, or don't have the financial resources to continue.
If an agreement were reached, all issues between Misbach, the Cascade Center and VanBloem would be finished.
That would leave Thalin and Misbach to deal with their competing claims in court.
This past week, Brian Hughes stepped in as attorney for Thalin and said he plans to move forward with the case.
If a settlement agreement is reached, it could include financial reimbursement. Schmutz said his office would have to collect the money through assets of the former company or the VanBloem estate, as the Cascade Center no longer exists as a formal company or business. He estimated about $50,000 for attorney's fees, damage to Misbach's reputation and other damages.
The lawsuit has been a long, emotional process, especially with the controversial subject matter of holding therapy.
Cascade again received national attention through the recent trial of a Springville couple charged with child-abuse homicide for using techniques they claimed they learned at the center to treat their 4-year-old adopted daughter Cassandra.
The girl reportedly suffered from reactive attachment disorder, a condition that prevents children from bonding to their adoptive parents. The Killpacks said they were told by Cascade therapists to use water treatment therapy that resulted in force-feeding the girl fatal amounts of water in June 2002.
The Cascade Center was later cleared of charges. Richard Killpack, the father, was acquitted, but a jury found the mother, Jennete Killpack, guilty of child abuse homicide. She will be sentenced in December.
The next formal court date for the Hope for the Children vs. Misbach case will be in January.
E-mail: sisraelsen@desnews.com