Susan Woodard v. Kim Miller, 326 So.3d 439

Background

Kim Miller contracted HIV after her then-husband Andrew Johnson (an ordained United Methodist minister) engaged in undetected, high‑risk extramarital same‑sex sexual activity; Johnson later disclosed his HIV status and the couple divorced with a settlement containing a mutual release.
Miller sued Johnson, the Mississippi Annual Conference of the United Methodist Church (MUMC), the local First United Methodist Church, and fellow minister Susan Woodard, alleging negligence, negligent hiring/retention/supervision, breach of fiduciary duty, failure to warn, concealment, and related torts.
Miller’s theory against MUMC and Woodard relied on alleged failures to follow United Methodist sexual‑misconduct policies and to warn or discipline Johnson—i.e., imposing duties derived from church doctrine and procedures.
The trial court denied full summary judgment to MUMC and Woodard (finding genuine issues of fact) and held Johnson had waived his affirmative defense that the divorce release barred Miller’s claims; all three defendants sought interlocutory appeals.
The Mississippi Supreme Court reversed and rendered summary judgment for MUMC and Woodard (First Amendment/ecclesiastical‑abstention and no secular duty), but affirmed denial of summary judgment as to Johnson, concluding Johnson waived the release defense by long delay in pursuing it.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
1) Can MUMC be held liable for failing to discover/discipline Johnson and warn Miller based on church policies?	Miller: MUMC assumed duty (promises to care, and sexual‑misconduct policies) to protect spouses and should have discovered/disciplined Johnson.	MUMC: First Amendment/ecclesiastical‑abstention bars courts from enforcing or interpreting religious doctrine or imposing special duties based on church policies.	Court: Held for MUMC—claims rest on religious doctrine; First Amendment forbids imposing such duties; summary judgment reversed and rendered for MUMC.
2) Did Woodard owe Miller a fiduciary duty or otherwise breach duties by counseling Johnson and helping remove materials?	Miller: Woodard (minister, trained psychotherapist) had a fiduciary duty and breached it by failing to warn and by assisting concealment.	Woodard: No fiduciary relationship existed; imposing duties from church policy violates First Amendment; spoliation/interference are not standalone torts.	Court: Held for Woodard—no evidence of preexisting fiduciary dependency and claims impermissibly rest on church policy; summary judgment reversed and rendered for Woodard.
3) Is MUMC vicariously liable for Johnson’s conduct with his wife?	Miller: As Johnson’s employer, MUMC is vicariously liable for his torts.	MUMC: Johnson’s sexual conduct was personal, not within course and scope of employment; no authorization/ratification.	Court: Held no vicarious liability—acts were personal and not within ministerial scope; claim fails as matter of law.
4) Did Johnson waive his affirmative defense that the divorce release barred Miller’s claims by not timely pursuing it?	Miller: Johnson delayed >2½ years and actively litigated, so he waived the release defense.	Johnson: He raised release in his answer and later joined MUMC’s summary‑judgment motion; confidentiality of settlement justified delay.	Court: Held Johnson waived the defense under Horton waiver principles for unreasonable delay paired with active litigation; denial of summary judgment as to Johnson affirmed and claims remanded.

Key Cases Cited

Mabus v. St. James Episcopal Church, 884 So. 2d 747 (Miss. 2004) (limiting judicial imposition of duties tied to religious office; position alone does not create fiduciary duty)
Roman Catholic Diocese of Jackson v. Morrison, 905 So. 2d 1213 (Miss. 2005) (permitting some tort claims against a church where secular duties and control existed over clergy)
MS Credit Ctr., Inc. v. Horton, 926 So. 2d 167 (Miss. 2006) (delay plus active participation can waive affirmative rights; applied here to waiver of release defense)
Bostock v. Clayton County, 140 S. Ct. 1731 (U.S. 2020) (Title VII’s sex discrimination includes sexual orientation; court noted First Amendment limits for religious employers)
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993) (First Amendment prohibits laws that impose special burdens on religious practice)
Hosanna‑Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012) (First Amendment’s ministerial exception limits judicial intrusion into employment decisions involving ministers)
Baker Donelson Bearman Caldwell & Berkowitz, P.C. v. Seay, 42 So. 3d 474 (Miss. 2010) (an employer’s duty to supervise does not extend to uncovering employees’ concealed, personal activities)