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R.K. v. Corporation of the President of the Church of Jesus Christ of Latter Day Saints

2006 U.S. Dist. LEXIS 65772 (2006)

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R.K. v. Corporation of the President of the Church of Jesus Christ of Latter Day Saints

United States District Court for the Western District of Washington
2006 U.S. Dist. LEXIS 65772 (2006)

SC

Facts

In 1972, Richard Pettit, a member of the Church of Jesus Christ of Latter-Day Saints, reported to his bishop, Bishop Borland, that LoHolt had abused Pettit’s son. Borland did not report the abuse to law enforcement despite a mandatory-reporting law in effect at the time. R.K. (plaintiff) claimed that he was subsequently abused by LoHolt. R.K. sued the Corporation of the President of the Church of Jesus Christ of Latter-Day Saints (the corporation) (defendant) for negligence related to Borland’s failure to disclose LoHolt’s previous abuse. The corporation filed a motion in limine to exclude the communication from Pettit to Borland under the clergy-penitent privilege. Pettit, the sole holder of the clergy-penitent privilege, did not waive the privilege regarding the communication until he was deposed in 2005.

Rule of Law

Issue

Holding and Reasoning (Martinez, J.)

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