No Federal Court Jurisdiction In Priest Abuse Case

Earlier this month, a Colorado federal district court issued a potentially important jurisdictional decision in another of the long-running clergy sexual abuse cases. It refused to permit the Archdiocese of Denver to remove to federal court a claim originally filed against it in state court. In Doe v. Archdiocese of Denver, (D Colo., Feb. 9, 2006), the court held that there is no federal court "federal question" jurisdiction over a claim that the Archdiocese of Denver was negligent in employing and supervising two offending priests. The court held that the case does not pose First Amendment issues. The court said "the defendants' duty, if any, arises not out of their special status as religious authorities but rather out of their decision to join the host of employers in all fields who must exercise reasonable care in their hiring and supervisory decisions."