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Day 9 - Weird Cases - Who Would You Vote For?
1. WEIRD CASES
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A voter who was canvassed by the 18 century candidate John Wilkes said that he’d sooner
vote for the devil. Wilkes then asked “And if your friend is not standing?”
Although sympathy for the devil isn’t widespread, one keen supporter is Jason Indreland, a
prisoner in Montana. He filed a $10 million lawsuit alleging that his rights as a Satan
worshiper had been violated by the prison authorities as he had been denied access to a
satanic medallion and literature such as the Book of Satanic Rituals. The case has just
ended.
In 2008, Indreland was jailed in Yellowstone County pending drug charges after being caught
with 15 grams of methamphetamine. While there, he alleged that he was deprived of his
satanic pendant and denied access to other paraphernalia of his beliefs such as the book of
rituals and “The Satanic Bible”.
He said he was the subject of torments by the prison authorities who did things such as push
Christian cards under his cell door and put him in the especially punitive maximum security
unit because of his beliefs. He claimed $10 million compensation for mental and physical
anguish, and punitive damages.
In the case, Indreland represented himself and the interests of Satan. The courts have been
wary about cases featuring a superhuman force. In an old Canadian criminal case a Mr
Finnerty from Ottawa, having dismissed several lawyers stood alone in court. “Who is your
counsel today, Mr Finnerty?” asked the judge. “Yer Honour, God is me counsel” came the
reply. The judge then turned to the lawyer for prosecution and said “Well, Mr Hambling, that’s
pretty tough competition. Would you like an adjournment so that you may consider retaining
outside counsel?”
In the case of Indreland and Satan, Magistrate Judge Carolyn Ostby dismissed the claim that
the satanic medallion had been confiscated for religious reasons, ruling that the authorities
were justified in removing it as the chain was too thick and could be used to choke someone.
The claim that he’d been placed in maximum security for religious reasons was dismissed as
he had in fact been put there for fighting. His claim about the tormenting Christian cards was
dismissed for lack of proof. On the only remaining allegation – the denial of satanic literature –
the judge ordered the two sides to come to a settlement. That has just happened. Indreland
settled his $10 million claim for $50 and a promise by the authorities that they would review
the way they inform inmates when literature that might promote violence is withheld. He is
now serving a three year sentence.
Satan has been involved in earlier cases. In 1971, Gerald Mayo sued “Satan and His Staff”
for violating his constitutional rights. His writ alleged that Satan had on numerous occasions
caused him misery, placed “deliberate obstacles” in his path, and thus “caused plaintiff’s
downfall”. The US District Court in Pennsylvania dismissed the action for various reasons
including that there was no evidence of Satan residing at an address within the jurisdiction of
Pennsylvania.
Gary Slapper is Professor of Law at The Open University. His new book Weird Cases is
published by Wildy, Simmonds & Hill
These articles were published by The Times Online as part of the weekly column written by
Gary Slapper