91 So. 3d 887
Fla. Dist. Ct. App.2012Background
- Bilbrey joined FPC in May 2007 and became part of a pastor–parishioner relationship with Myers.
- Myers served as Bilbrey’s mentor and helped Bilbrey obtain a minister’s license within the Pentecostal church.
- Bilbrey confided about past labeling as a “faggot” and installed an internet monitoring system on his computer that reports usage to third parties.
- Myers allegedly accused Bilbrey of being homosexual on multiple occasions and published these claims to church members and Bilbrey’s fiancée’s father.
- After Bilbrey moved out of state, Myers allegedly reported Bilbrey’s homosexuality to Bilbrey’s new pastor and sought to derail Bilbrey’s license transfer; the trial court dismissed the complaint on church-autonomy grounds and for failure to state a claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether church autonomy bars Bilbrey’s defamation claim | Bilbrey asserts defamation is not barred by church autonomy. | Myers/FPC contend the claim implicates internal ecclesiastical matters. | Defamation claim not barred; proceed to merits. |
| Whether a fiduciary-duty claim can be maintained | Bilbrey asserts a fiduciary duty existed between pastor and parishioner. | Defendant argues First Amendment concerns or lack of actionable duty. | Fiduciary-duty claim viable; amendment allowed. |
| Whether Bilbrey’s IIED claim should be sustained | Bilbrey alleges repeated false homosexual allegations caused distress. | Conduct not extreme or outrageous to meet IIED standard. | IIED claim affirmed as dismissed in part; not actionable. |
| Whether Bilbrey’s invasion of privacy claim is actionable | Bilbrey contends public disclosure of private facts occurred. | Alleged disclosures insufficient to meet publicity requirement. | Invasion of privacy claim dismissed. |
Key Cases Cited
- Malicki v. Doe, 814 So.2d 347 (Fla. 2002) (neutral principles approach to torts against religious institutions)
- Archdiocese of Miami, Inc. v. Minagorri, 954 So.2d 640 (Fla. 3d DCA 2007) (ecclesiastical abstention and church autonomy principles)
- House of God Which is the Church of the Living God, the Pillar & Ground of the Truth Without Controversy, Inc. v. White, 792 So.2d 491 (Fla. 4th DCA 2001) (defamation against pastor not barred by First Amendment when not based on religious doctrine)
- Samuels v. King Motor Co. of Fort Lauderdale, 782 So.2d 489 (Fla. 4th DCA 2001) (de novo review of dismissal when reviewing complaint allegations)
- Ralph v. City of Daytona Beach, 471 So.2d 1 (Fla. 1983) (standard for testing legal sufficiency of a complaint)
- Doe v. Evans, 814 So.2d 370 (Fla. 2002) (First Amendment did not bar fiduciary-duty claim arising from counselor–counselee relationship)
- Le-Grande v. Emmanuel, 889 So.2d 991 (Fla. 3d DCA 2004) (illustrates offensiveness of conduct but not always outrageousness for IIED)