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View Full Version : $10000.00 for hurt feelings.



JeffinNZ
08-23-2012, 06:25 PM
If you think the USA was on the slippery slope have a look at this. This is the legacy of 9 years of a leftist, greenie guvmint!

"An "intensely intellectual" man who lived in a camouflaged van on school grounds has been awarded $10,000 in damages after he was moved on by police.

Friedrich Fehling was staying in his van parked on South Westland Area School's grounds when he was given a trespass order in January 2009.

After a three-year battle with the Hari Hari school, Fehling was last month awarded $10,000 in damages by the Human Rights Review Tribunal for hurt feelings and loss of dignity.

The school said people felt intimidated by Fehling's presence near the school, but the tribunal found there was no evidence of a threat.

Fehling's van was parked by the school swimming pool on land leased by the school to one of its employees and Fehling's friend, senior teacher Jim Costello.

Fehling had permission to keep his van on the land.

The tribunal found that Fehling's feelings and dignity were hurt by the trespass notice.

"The stigma of being banned from the school premises for two years reinforced the hostility and suspicion with which he was being regarded by some in that community," it said.

"The unsavoury connotation that users of the pool, particularly young children using the showers and toilets, were unsafe because of his presence has been particularly humiliating and injurious to Mr Fehling's feelings and there has been a loss of dignity."

The tribunal said Fehling was regarded as an "outsider" by some in Hari Hari as he was "at times intensely intellectual" and was born in Germany.

It said Fehling had lived in a van since about 2005. "The van is painted in camouflage so that it blends more easily with the environment, consistent with Mr Fehling's beliefs as an environmentalist."

The tribunal also found that Fehling's privacy was interfered with when the school refused to fulfil his Official Information Act request asking who made the complaint against him that led to the trespass order.

School board of trustees chairman Doug Appleby said the tribunal decision "stinks". The school will have to pay the $10,000 in damages and has run up a $6000 legal bill defending the case.

"It has been a long drawn-out process. It is a nuisance, but what can you do? He can come to us for the money. We are not chasing him."

The Press was unable to contact Fehling. Costello said he was difficult to contact as "he is a bit of a free spirit".

I was so disgusted I wrote to the school and offered them $100 of my own money towards an appeal in the high court. Clearly the school got it wrong issuing a trespass notice on land they had leased that he had permission to be on but awarding the clown 10K for hurt feeling and loss of dignity. For the love of God! He lived in a van! He has no dignity.

runfiverun
08-23-2012, 07:24 PM
he had permission to be where he was,
and it wasn't his fault the property happened to be by the pool.
he was probably a bit creepy and they just wanted him gone.
the school could have saved a ton of money by building a fence.

Love Life
08-23-2012, 07:31 PM
I got my feelings hurt the other day. Oh man I am going to rake in the big bucks!!

I am just kidding about the raking in the big bucks.

fatnhappy
08-23-2012, 07:38 PM
did he fill out the official hurt feeling report found here?

Hurt feeling report (http://www.militaryreligiousfreedom.org/legalfiles/gates_letter_sept09/attach_1.pdf)

JeffinNZ
08-23-2012, 08:04 PM
he had permission to be where he was,
and it wasn't his fault the property happened to be by the pool.
he was probably a bit creepy and they just wanted him gone.
the school could have saved a ton of money by building a fence.

There will be more to this than meets the eye of course. South Westland folk don't like Greenies so there is your confrontation straight up and as I say, the school got it wrong. My gripe is making them pay 10K for 'hurting his feelings and dignity'.

1Shirt
08-23-2012, 08:21 PM
Yep, a cash award for hurt feelings is at best childish, and at worse absolutly stupid.
1Shirt!:coffeecom

TCLouis
08-23-2012, 09:53 PM
I am so sorry to see stupidity invades the legal system universally.

runfiverun
08-23-2012, 10:26 PM
the gov set themselves up for this.
10g for hurt feelings is a bit off the scale.
a hug and pat on the back is more than enough.

2ndAmendmentNut
08-23-2012, 10:30 PM
Is this real? Hurt feelings and a loss of dignity? Good lord he was living in a van!

bowfin
08-23-2012, 10:45 PM
Who here is responsible for me keeping my dignity?

I would be willing to lose a little of it for ten grand...

abqcaster
08-23-2012, 11:10 PM
Yeah the school could have and should have handled it better, But $10G?????? Flowers and candy are for hurt feelings!!!!

abqcaster
08-23-2012, 11:12 PM
my wife once again demonstrated why she's the brains of the family. Solution: Public apology!!!!

303Guy
08-24-2012, 03:50 AM
10 thousand dollars does sound a lot. I wonder whether there was a punishment factor not stated for the school's behaviour. I also wonder what has not been told of this individual's character and behaviour. Did he do creepy stuff or was the school totally unreasonable? The court must have thought so.

This guy could make it rich if he now write's a book on how to sue for hurt feelings and loss of dignity.

Oreo
08-24-2012, 04:25 AM
Keep in mind, there's a difference between common language and legal definitions. "Hurt feelings and loss of dignity" sounds comical, especially on an internet forum with a "hurt feelings report" circulating, but it likely has a specific codified legal definition in that locale. Sounds to me like the court awarded punitive damages for harassment and if that is the case it sounds perfectly just to me.

In fact, I think in several states there have been cases of law abiding citizens legally carrying guns and were unlawfully harassed by the police. In each case punitive damages were awarded to the citizen somewhere in the ballpark of $10,000. So, $10k seems to be the going rate for this kind of harassment. (IIRC, & IANAL)

WILCO
08-24-2012, 11:22 AM
I am so sorry to see stupidity invades the legal system universally.

Communism knows no bounds......

MT Gianni
08-24-2012, 04:26 PM
"painted in camouflage so that it blends more easily with the environment, consistent with Mr Fehling's beliefs as an environmentalist."
I think I may have found the basis for a new signature line. I consider myself an environmentalist as I eat things from the environment.

paul h
08-24-2012, 06:30 PM
I'm sure his lawyer took all of the $10k and more.

Somehow I think our society functioned a bit better when it wasn't quite as "civilized"

scb
08-24-2012, 09:07 PM
How much dignity can someone who lives in a "camouflaged" van on land he doesn't own have? I'd say the "award" was at least $9,999.99 too high.

JeffinNZ
08-24-2012, 10:56 PM
how much dignity can someone who lives in a "camouflaged" van on land he doesn't own have? I'd say the "award" was at least $9,999.99 too high.

exactly.