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NY High Court Rejects Claim By Woman Against Priest With Whom She Had Affair

By Howard M. Friedman

In Doe v Roman Catholic Diocese of Rochester, (NY Ct. App., March 26, 2009), New York's high court dismissed a lawsuit by a woman (identified only as Jane Doe) against Father Peter DeBellis, a Catholic priest who Doe consulted for counselling. The suit by Doe and her husband alleged that Doe began a sexual relationship with DeBellis that lasted for more than three years. The relationship and the counselling continued despite repeated complaints to the Diocese by Doe's husband, who is also a plaintiff in the lawsuit. Plaintiffs brought a breach of fiduciary duty claim against Father DeBellis, and claims for negligent supervision and retention against the Diocese. Relying on a case it decided last year (see prior posting), the court held:

The complaint ... falls short of what is necessary to state a claim for breach of fiduciary duty. The bare allegation that Jane Doe was "a vulnerable congregant" is insufficient to establish that plaintiff was particularly susceptible to Father DeBellis's influence. Nor does the complaint provide any other allegations to show that the parties had a relationship characterized by control and dominance. Plaintiffs' claims for negligent supervision and retention against the Diocese likewise fail.

Newsday yesterday reported on the decision.

Full post as published by Religion Clause on March 27, 2009 (boomark / email).