John Doe CS v. Capuchin Franciscan Friars
United States District Court for the Eastern District of Missouri
520 F. Supp. 2d 1124 (2007)
- Written by Liz Nakamura, JD
Facts
The Capuchin Franciscan Friars (CFF) (defendant) operated Cardinal Ritter Preparatory High School (Cardinal Ritter). CFF hired Father Thaddeus Posey to teach at Cardinal Ritter knowing he had a history of sexually abusing minors. Posey sexually abused several minor students at Cardinal Ritter, including John Doe CS (plaintiff). CFF did not report Posey to law enforcement. Doe sued CFF, alleging that (1) CFF ratified Posey’s actions and was vicariously responsible for Posey abusing Doe; (2) CFF breached its fiduciary duty to Doe; (3) CFF defrauded Doe by failing to disclose Posey’s conduct when Doe signed up to attend Cardinal Ritter; (4) CFF knowingly placing Posey in the position to abuse Doe constituted intentional infliction of emotional distress (IIED); and (5) CFF was negligent because it failed to fire, report, or properly supervise Posey. CFF moved to dismiss all claims, arguing that, under the First Amendment, religious institutions cannot be held liable for the actions of clergy.
Rule of Law
Issue
Holding and Reasoning (Mummert, III, J.)
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