Ballaban v. Bloomington Jewish Community, Inc.
2013 Ind. App. LEXIS 15
| Ind. Ct. App. | 2013Background
- Bailaban served as rabbi for Beth Shalom under a July 1, 2009 employment agreement guided by the Guidelines.
- In early 2010, Bailaban received reports of possible improper conduct by a teacher and discussed this with congregation members via email.
- Beth Shalom terminated Bailaban’s employment effective May 2010 with reasons including failure to meet rabbinic expectations and conduct concerns.
- Bailaban sued Beth Shalom and others on May 28, 2011, with an amended complaint filed August 24, 2011.
- The trial court granted summary judgment in favor of Appellees on April 19, 2012, based on ministerial exception and related grounds; Bailaban’s motion to correct error was denied.
- The Indiana appellate court affirmed the summary judgment and denial of Bailaban’s motion, and denied Appellees’ request for appellate attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper under the ministerial exception | Bailaban argues immunity theory under Ind. Code for reporting child abuse. | Appellees contend ministerial exception bars review of Bailaban’s claims and requires dismissal. | Summary judgment affirmed; ministerial exception applies and precludes review of the breach-of-contract/related claims. |
| Whether the case permits avoidance of ministerial exception due to alleged retaliation for reporting abuse | Bailaban asserts retaliation for reporting child abuse warrants exception to ministerial rule. | Appellees argue no retaliation exception applies and the ministerial exception remains controlling. | Court declined to create a retaliation exception; still affirmed on ministerial-exception grounds. |
| Whether Appellees are entitled to appellate attorney fees | Bailaban challenges procedural deficiencies and argues no bad faith. | Appellees seek fees under Appellate Rule 66(E) for frivolous appeal. | Appellate fees denied; conduct not sufficiently frivolous or in bad faith. |
Key Cases Cited
- Hosanna-Tabor Evangelical Lutheran Church v. EEOC, 132 S. Ct. 694 (2012) (recognizes ministerial exception; court may dismiss employment-discrimination suits involving ministers)
- Indiana Area Foundation of United Methodist Church, Inc. v. Snyder, 953 N.E.2d 1174 (Ind. Ct. App. 2011) (applies ministerial exception to breach of contract and defamation claims in church context)
- McEnroy v. St. Meinrad School of Theology, 713 N.E.2d 334 (Ind. Ct. App. 1999) (notes that claims would require entanglement in religious doctrine; ministerial exception may apply)
- Brazauskas v. Fort Wayne-South Bend Diocese, Inc., 796 N.E.2d 286 (Ind. 2003) (courts may apply secular standards where purely secular conduct is at issue)