Clinic, Web site operator to settle suit

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.