Defendant's Attorney:

Description: Monet, Missouri personal injury lawyer represented the Plaintiff on a negligence claims.

First Baptist Chruch of Pierce City, Missouri, is a Southern Baptist church and that Plaintiff participated in FBC's youth ministries program. A youth pastor led FBC's youth ministries program and transported participants, including Plaintiff and others, to and from said program in a church van. On two occasions in March of 2022, another participant in FBC's youth ministries program inappropriately touched Plaintiff in the church van during its operation by the youth pastor. Plaintiff, thereafter, filed a negligence claim against FBC, premising her claim on the failure by FBC to prevent the incidents by following standards for the prevention of child sexual abuse.

FBC denied liability and moved for summary judgment. In its motion, FBC cited Gibson for the proposition that "the First Amendment bars a negligence claim against a church if the negligence claim would require the court to decide how a reasonably prudent church should have acted." FBC argued that Plaintiff's negligence claim "would require [the circuit court] to decide how [FBC], as an institution, and through its Youth Pastor, should have conducted its student ministries." FBC further argued that "[g]iven these facts, Plaintiff cannot prove, without [the circuit court] violating the First Amendment, the element of breach as that would require [the circuit court] to find how [FBC] should have conducted its youth ministries."

The circuit court agreed with FBC and granted summary judgment in its favor.

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Legal issue Does the First Amendment bar negligence claims against a church when assessing the church's conduct and policies would require the court to entangle itself in religious doctrine and administration?
Headnote

CONSTITUTIONAL LAW. FIRST AMENDMENT DEFENSE IN NEGLIGENCE CLAIMS. The case involved an appeal against the grant of summary judgment in favor of a church, arguing that the First Amendment bars negligence claims against religious institutions if the claims would require judicial entanglement in religious doctrine and religious administration, as upheld in Gibson v. Brewer.

TORT LAW. NEGLIGENCE BY RELIGIOUS INSTITUTIONS. The court addressed the issue of whether a religious institution can be held liable for negligence in the supervision of its youth programs under circumstances where adjudication would necessitate an inquiry into religious doctrine, potentially violating First Amendment protections.

PROCEDURE. SUMMARY JUDGMENT AND AFFIRMATIVE DEFENSES. The court examined the adequacy of pleading the First Amendment as an affirmative defense versus negating a prima facie element of the plaintiff's negligence claim in the context of summary judgment proceedings.

Key Phrases Negligence claim. Sexual assaults. First Amendment. Summary judgment. Religious doctrine.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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