Defamation Claim Against Priest Dismissed; Emotional Distress Claim Can Go On

A McHenry County, Illinois trial court judge has dismissed a defamation claim brought against Catholic priest Luis Alfredo Rios by Angel Llavona, one of his parishioners, according to yesterday's Chicago Daily Herald. Llavona alleged that the priest's criticism of his work with the church's religious education program harmed his reputation as a teacher at Maine West High School in Des Plaines. (See prior posting.) Judge Maureen McIntyre said deciding that portion of the complaint would improperly involve the court in evaluating the church's teachings and rules. However, the court allowed Llavona to proceed with his claim of intentional infliction of emotional distress. In so holding, the court rejected arguments by Rios' lawyer that the Establishment Clause precludes the court from passing on statements made by clergy during religious services. Judge McIntyre said that the claim could be adjudicated without passing on church practices, dogma or theology.