In Zhelezny v. Olesh, (OH App., Sept. 30, 2013), an Ohio state appellate court reversed in part a trial court's dismissal of a suit by a disgruntled former church member against the church, its pastors and various of its members. Apparently the former church member, Vladimir Zhelezny, protested publicly against the church and its pastor in ways that led to heated arguments and physical confrontations. As a result the pastor sent Zhelezny a letter in 2008 restricting his access to the church for one year, and then extended the ban for a second year. After a 2010 altercation, a deputy sheriff removed Zhelezny from church premises and filed criminal trespass charges that were eventually dismissed. Subsequently Zhelezny was involved in another physical confrontation at the church. Zhelezny sued alleging assault and battery; extortion; malicious prosecution; violation of civil rights; civil conspiracy; and intentional infliction of emotional distress.
The court held that the trial court erroneously relied on the ban letters in dismissing on the pleadings malicious prosecution and assault and battery claims, since the letters were not made part of the pleadings. The trial court also erred in dismissing most of the other state law claims on ecclesiastical abstention grounds. They can be decided without a need to examine purely ecclesiastical issues. However the federal civil rights conspiracy claims would require interpretation of ecclesiastical documents, which a civil court may not do.
