997 F. Supp. 2d 241
S.D.N.Y.2014Background
- Kavanagh, a former New York priest, was defrocked after a secret canonical trial for sexual abuse of a minor.
- He sued the Archdiocese of New York, Zwilling, Catholic New York, and Woods for libel arising from a press release stating he was found guilty by a church court.
- The Archdiocese press release claimed the specific trip to Washington was not the basis for the ruling and that the church’s penalty stood.
- Canonical proceedings were confidential; trial occurred in Erie (2006) with appellate affirmation (2010) and removal in 2010, creating ambiguity about the number of delicts ruled.
- Donohue later admitted the Washington trip occurred after high school in a mediated settlement (2012), which preceded the May 3, 2012 press release.
- The court granted dismissal of the libel per se claim due to First Amendment entanglement, and dismissed by implication and per quod claims for failure to state a plausible claim or damages; canonical decisions were sealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does libel per se require First Amendment relief? | Kavanagh argues the claim is factual defamation not doctrinal. | Defendants contend adjudicating truth would entangle court in ecclesiastical matters. | Yes; libel per se is barred. |
| Are libel by implication claims viable here? | Kavanagh asserts implied falsehoods about civil conviction. | Defendants say no civil-criminal implication exists. | |
| Yes; libel by implication dismissed. | |||
| Are libel per quod claims cognizable and pleaded with damages? | Kavanagh claims the release suggested extensive abuse and damages. | Defendants argue lack of explicit special damages and singular nature of facts. | No; libel per quod dismissed for lack of special damages and plausible innuendo. |
Key Cases Cited
- Klagsbrun v. Va’ad Harabonim of Greater Monsey, 53 F.Supp.2d 732 (D.N.J. 1999) (defamation against religious body involves ecclesiastical doctrine; First Amendment applies)
- Hartwig v. Albertus Magnus College, 93 F.Supp.2d 200 (D. Conn. 2000) (defamation against religious institution may entangle church doctrine)
- Rweyemamu v. Cote, 520 F.3d 198 (2d Cir. 2008) (non-religious church wrongs may proceed; not barred when secular in nature)
- Martinelli v. Bridgeport Roman Catholic Diocesan Corp., 196 F.3d 409 (2d Cir. 1999) (distinguishes between brute facts and evaluation of religious tenets)