Negligence Claims Against Religious Order In Sex Abuse Case Survive 1st Amendment

In John Doe Cs v. Capuchin Franciscan Friars, 2007 U.S. Dist. LEXIS 82072 (ED MO, Oct. 11, 2007), a Missouri federal district court refused to dismiss on First Amendment grounds a negligence claim against The Capuchin Franciscan Friars. Plaintiff claimed that defendants should have known that Catholic high school teacher Father Thaddeus Posey had a history of sexually abusing minors, and that defendants failed to act to protect students from him. In permitting the claim to proceed, the court said: "There is no allegation (or defense at this point in the case) that ecclesiastical and canon law is relevant to this case. The factual issues raised ... appear to be secular in nature and do require this Court to not resolve or inquire into any religious doctrines of Defendants."