Bernie v. Catholic Diocese of Sioux Falls
2012 S.D. 63
S.D.2012Background
- Cases arise from alleged sexual abuse at St. Paul’s School in Marty on the Yankton Sioux Reservation.
- Abuse occurred before 1975–76 when ownership/control shifted to Yankton Sioux Tribe.
- Plaintiffs sued the Diocese and other entity defendants for negligent and fiduciary claims.
- Circuit court granted summary judgment for the Diocese on all substantive claims.
- Court held no agency or duty established; no in loco parentis or fiduciary duty by Diocese.
- Ownership/operation of the school transitioned among religious orders and the St. Paul’s Indian Mission Corporation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Diocese is vicariously liable for acts of others | Bernie argues Diocese controlled school and acted through agents. | Diocese contends no agency relationship and acts outside scope of employment. | No respondeat superior liability. |
| Whether Diocese owed a duty to protect the students | Students claim in loco parentis and fiduciary duty. | Diocese argues no special relationship created duty. | No duty found; negligence/fiduciary claims fail. |
| Whether ostensible or actual agency existed | Claim Diocese held the others out as its agents. | No manifest manifestation or acceptance of agency by Diocese. | No ostensible/actual agency shown. |
Key Cases Cited
- Kirlin v. Halverson, 758 N.W.2d 444 (S.D. 2008) (scope of employment test guidance; agency factors)
- Doe v. Norwich Roman Catholic Diocesan Corp., 268 F. Supp. 2d 139 (D. Conn. 2003) (sexual abuse cases often outside scope of employment; agency not presumed)
- Tichenor v. Roman Catholic Church of the Archdiocese of New Orleans, 32 F.3d 953 (5th Cir. 1994) (rejects Oregon exception for clergy abuse cases; outside scope often)