Suit Over Chabad House In Historic District Survives Almost All Motions To Dismiss

Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield, Connecticut, (D CT, Jan. 27, 2016), a decision on remand from the 2nd Circuit, is the latest installment in the long-running attempt of the Hasidic Jewish organization, Chabad, to expand a building it purchased in Lichtfield, Connecticut's Historic District.  In a 61-page opinion in the suit filed under RLUIPA,  the court first examined whether all parts of the proposed expansion of the building into a Chabad House would be used for religious purposes. It concluded:

Construction of the proposed facilities is in large measure religious exercise and, as to the remaining use / facilities, there exist genuine issues of material fact regarding their status as places of religious exercise.

The court then moved to consider whether the Historic District Commission's denial of a Certificate of Appropriateness placed a substantial burden on Chabad’s religious exercise. It concluded that there are genuine issues of material fact as to whether or not it did, so that defendants' motion for summary judgment on this point was denied. The court also refused to dismiss plaintiffs' discrimination claim under RLUIPA, holding that there is sufficient evidence in the record for the fact finder to conclude that the Commission acted with an intent to discriminate on the basis of religion. The court went on to reject various defenses. Finally the court granted defendants' motion to dismiss the Chabad Rabbi as a plaintiff in the discrimination claim, but not as to the substantial burden claim.

Santeria Priest Extradited To Massachusetts To Face Trial For Stealing Human Remains

According to CBS Connecticut, Amador Medina-- a 32 year old man who says he is a Santeria priest-- waived extradition back to Massachusetts in a Connecticut court hearing today.  Medina is accused of stealing five sets of human remains from a mausoleum in a cemetery in Worcester, Massachusetts, in order to use them in healing rituals.  As reported by the Canon Place Mercury, the skeletal remains date from the early 1900's.  Medina cooperated with police and showed them where the remains were in his Hartford apartment.  The Connecticut judge set Medina's bond at $300,000 and ordered mental health treatment for him.  Medina is unemployed and will not be able to post the bond.

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.

Connecticut Legislature Makes Religious Exemption From Vaccination Requirements Marginally More Difficult

On Tuesday, the Connecticut General Assembly gave final passage to HB 6949 (full text) and sent it to the governor for his signature.  The bill places additional procedural requirements on parents seeking to exempt their children on religious grounds from vaccination requirements.  As reported by WNPR:

Currently, [parents or guardians] must simply present a statement that the immunization would be contrary to the child's religious beliefs. But under the bill which cleared the Senate Tuesday, such statements must be submitted annually and officially "acknowledged" by a notary public, attorney, judge, family support magistrate, court clerk, deputy clerk or justice of the peace.

However another bill pending in the legislature would, if enacted, require the notarized statements be submitted only when the child enters kindergarten and when he or she enters 7th grade.

Dad Awarded Right To Make Medical Decisions Because Mom Objects To Vaccinations

In Archer v. Cassel, 2015 Conn. Super. LEXIS 515 (CT Super. Ct., March 10, 2015), a Connecticut trial court awarded the father of two children final authority to make health care decisions for them, largely because the mother has religious objections to their being vaccinated.

Connecticut Synagogue Files RLUIPA Challenge To Zoning Denial

In Greenwich, Connecticut the Greenwich Reform Synagogue has filed a federal lawsuit challenging the Planning and Zoning Board of Appeals' refusal, on a 2-2- vote, to grant it a zoning exemption needed for final approval of its planned new building.  As reported by Greenwich Time, the suit, presumably invoking the Religious Land Use and Institutionalized Persons Act, alleges that the denial is burdensome and discriminatory, and treats the synagogue less favorably that the city has treated requests from churches and non-religious institutions.

Suit Claims High School Teachers Indoctrinated Girls Into Religious Cult

A lawsuit filed last Monday in Connecticut federal district court claims that three Spanish teachers and a guidance counselor at Connecticut's Avon High School engaged in "unlawful and predatory religious indoctrination of students."  The 64-page complaint (full text) in Doe v. Mastoloni, (D CT, filed 5/19/2014), alleges 24 separate causes of action against the teachers, counselor, the Avon school district and Wellesley College. Brought by the parents of 3 daughters who were allegedly indoctrinated, and one of the daughters who broke free of the indoctrination, the complaint alleges:

6. All three girls experienced sudden and severe personality changes. They became flat and distant, reclusive, secretive, and non-communicative. They lost their humor and their empathy. They began speaking in a bizarre new language. They became unable to think critically or independently. They became dependent on the school teachers and guidance counselor who had indoctrinated them, especially Defendant Tanya Mastoloni.

7. On information and belief, the two older Doe sisters were indoctrinated into a religious cult that promotes martyrdom, and celebrates death. This has caused the elder Doe sisters to experience fantasies of suicidal ideation and martyrdom.

8. The youngest Doe daughter, J.D., was targeted to be indoctrinated into the same belief system, but she eventually broke free. J.D. has now joined her parents as a Plaintiff in this case.

9. The other two Doe daughters have, at the urging of Defendants Mastoloni, Kessler, Esposito, and Sullivan, cut off all of their communications with the rest of the Doe family, including extended family. They have also cut off all of their communications with their friends.

10. Defendants Mastoloni, Kessler, Esposito, and Sullivan pose a serious threat to the Avon community and the public at large. They each exert significant influence over the impressionable high school students who have been entrusted to their care. There is an obvious power differential between students and their teachers and guidance counselors.

11. Defendants Mastoloni, Kessler, Esposito, and Sullivan have consistently targeted minors and pursued them until they were of age in order to complete the conversion to martyrdom. Because of that, Defendants Mastoloni, Kessler, Esposito, and Sullivan pose a serious danger to students, students' families, and the public at large.

Courthouse News Service reports on the case.

UPDATE: Responding to the lawsuit, the Avon school superintendent said that the district had not previously been contacted about the allegations and the complaint has been turned over to counsel for review.

UPDATE 2: AP reported on March 5, 2018 that a settlement has been reached in the case.