In
John Doe v. Corporation of the President of the Church of Jesus Christ of Latter Day Saints, 2012 Mass. App. Unpub. LEXIS 413 (MA App., April 3, 2012), a Massachusetts appeals court dismissed a suit alleging negligence and intentional infliction of emotional distress brought against the Mormon Church and certain volunteer clergy and mission presidents by a victim of childhood sexual abuse. The abuse was committed by Kevin Curlew, a church member and volunteer babysitter at an informal church function. Miklos Jako, a non-member of the church, had warned two former missionaries of Curlew's past criminal convictions for sex abuse of children. The court said:
plaintiff's argument is that the church officials in Methuen "should have known" more, either because the internal communication of Jako's allegations should have been better relayed, or because the local ward or the stake should have done more to find out about Curlew, based on his status as a probationer ten years earlier. This duty can not arise as a matter of church membership.....
[T]he sole ground for the claim of intentional infliction of emotional distress ... is the fact that Doe saw Curlew at church on one occasion after he reported the abuse.... The decision to allow Curlew access to the church grounds and the reasons therefore inherently involves an assessment of Curlew's relationship with the church, and involve the secular review of ecclesiastical discipline and church doctrine. As such, we are prohibited from assigning liability to such actions.
