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Court Dismisses Action Against Diocese For Negligent Hiring and Supervision of Priest

By Howard M. Friedman

In Redwing v. Catholic Bishop for Diocese of Memphis, (TN App., May 27, 2010), the Tennessee Court of Appeals, in a 2-1 decision, dismissed a damage action against the Catholic Diocese of Memphis alleging that it was liable in damages for negligent hiring, retention and supervision of a priest who allegedly sexually abused plaintiff as a child over 30 years ago. The majority held that the negligent hiring and retention claims must be dismissed under the ecclesiastical abstention doctrine, since adjudicating issues of hiring and retaining clergy would entangle the court in matters of religious doctrine and polity. The majority held that while the negligent supervision claim could be decided using neutral tort principles, the statute of limitations that requires suit to be filed within one year after the victim reached age 18 cannot be tolled for some 30 years as plaintiff urges. Judge Kirby dissented however on the statute of limitations issue, arguing that plaintiff, after conducting discovery, might be able to show that at the time he reached majority, he did not have inquiry notice of facts to support a claim of negligent supervision against the Diocese.

Full post as published by Religion Clause on May 30, 2010 (boomark / email).