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Some Claims Against Archdiocese In Clergy Abuse Case Can Proceed

By Howard M. Friedman

Goebel v. Johnston, 2009 U.S. Dist. LEXIS 74242 (ED MO, Aug. 21, 2009), is a clergy sexual abuse case which was removed to federal court on diversity of citizenship grounds. This opinion involves rulings on motions by the Archdiocese of St. Louis to dismiss various claims against it that are part of the lawsuit. The court held that permitting plaintiff's negligent hiring, retention and supervision claims to proceed would not violate either the Establishment Clause or Free Exercise Clause of the 1st Amendment. In reaching this conclusions, the court said it must perform its own constitutional analysis. Defendants had argued that the court was required to dismiss because in a prior case the Missouri Supreme Court had held that the federal constitution precludes such claims. The court however dismissed plaintiff's breach of fiduciary duty claim finding that Missouri law does not recognize a cause of action for breach of fiduciary duties in a sexual abuse cases against clergy.

Full post as published by Religion Clause on August 25, 2009 (boomark / email).