Lindeman v. Corporation of the President of the Church of Jesus Christ of Latter-day Saints

43 F. Supp. 3d 1197 (2014)

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Lindeman v. Corporation of the President of the Church of Jesus Christ of Latter-day Saints

United States District Court for the District of Colorado
43 F. Supp. 3d 1197 (2014)

SC

Facts

David Frank (defendant) was a 40-year-old Sunday school teacher for the Church of Jesus Christ of Latter-day Saints (defendant). Frank had a criminal history, mostly involving domestic disputes with his ex-wife and violating related restraining orders. The church did not conduct a background check on Frank prior to hiring him as a teacher and was unaware of this history. Ashley Lindeman (plaintiff) was 15 years old and one of Frank’s students. Frank and Lindeman began communicating outside of class and had sexual intercourse off church grounds on two occasions. Frank pled guilty to a criminal sexual assault charge. Lindeman brought a civil suit against the church for vicarious liability for Frank’s actions and negligent hiring and negligent supervision. The church filed a motion for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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