ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Religion & Law

: Religion Clause

Negligent Supervision Claims Against Archdiocese Dismissed on 1st Amendment Grounds

By Howard M. Friedman

ADVERTISEMENTS
In two decisions handed down on Tuesday, Doe v. Roman Catholic Archdiocese of St. Louis and Nicholson v. Roman Catholic Archdiocese of St. Louis, (MO Ct. App., Feb. 23, 2010), a Missouri state appellate court held it is bound by Missouri Supreme Court holdings on whether the 1st Amendment to the U.S. Constitution bars courts from adjudicating the reasonableness of a church's supervision of a cleric. In both cases, the trial court dismissed negligent supervision claims against the Archdiocese growing out of sexual abuse of minors over 50 years ago by a now deceased priest. The court of appeals affirmed, quoting the Missouri Supreme Court's 1997 opinion in Gibson v. Brewer:
adjudicating the reasonableness of a church's supervision of a cleric?what the church 'should know'?requires inquiry into religious doctrine. . . . [T]his would create an excessive entanglement, inhibit religion, and result in the endorsement of one model of supervision.
The court of appeals held that different 1st Amendment interpretations by federal district and appellate courts and courts in other states do not take precedence.

Full post as published by Religion Clause on February 25, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.002 secs (from cache 11/03/26 20:05:47)