Court Dismisses Failure To Supervise Claims Against Archdiocese In Sexual Abuse Case

In Doe v. Roman Catholic Archdiocese of St. Louis, (MO App. July 5, 2011), a Missouri appellate court rejected plaintiff's claim against the Archdiocese of St. Louis for intentional failure to supervise one of its priests who sexually abused plaintiff as a teenager.  The court held that under Missouri law, a duty to supervise arises only as to activity that takes place on Church premises or that occurs while the priest was using a chattle (non-real property) belonging to the church. The fact that the Archdiocese permitted the priest to take children off premises, knowing he had previously engaged in sexual abuse of minors, was not enough to create liability.  The court also dismissed plaintiff's negligence claims, concluded that the First Amendment bars assertion of tort claims for negligence in supervising, retaining or hiring sexually abusive clergy.