Tuesday, December 01, 2015

Plaintiff In Clergy Abuse Case Alleged No Duty Owed To Him By Diocese

In Doe v. Tissera, 2015 Conn. Super. LEXIS 2757 (CT Super., Nov. 3, 2015), a Connecticut trial court held that while the 1st Amendment does not immunize the Hartford Roman Catholic Diocese from liability in connection with clergy sexual abuse claims, nevertheless plaintiff here failed to allege adequate facts to support his negligence and breach of fiduciary duty claims against the Diocese:
Doe's claims ... do not allege a reasonably foreseeable risk of harm giving rise to a duty owed by the diocese to Doe. Without properly alleging that the diocese owed him a duty, Doe has no cause of action against the diocese.