716 A.2d 967 | Conn. Super. Ct. | 1998
The named defendant filed a renewed motion for summary judgment with respect to the negligence claims on November 6, 1997, arguing that the
"The principle that government, in pursuit of legitimate interests, cannot in a selective manner impose burdens only on conduct motivated by religious belief is essential to the protection of the rights guaranteed by the Free Exercise Clause." Id., 543. Several courts have determined, however, that a claim of institutional negligence does not require any inquiry into religious doctrine or practice. ``Instead, review only requires the court to determine if the Church Defendants knew of [the minister's] inappropriate conduct, yet failed to protect third parties from him. The court is simply applying secular standards to secular conduct which is permissible under
It is apparent to the court, that in determining whether the defendants were negligent in the supervision of Pcolka, it would be able to apply neutral principles of tort law to determine whether the defendants failed to act when they knew or should have known of Pcolka's engaging in the alleged tortious conduct. "[T]here is no indication that, by taking the kind of preventative action required by tort law, the [institutional] defendants would have violated any `doctrine practice or law' of the Roman Catholic Church. In the absence of such a conflict, subjecting the [institutional] defendants to potential tort liability does not violate their right to the free exercise of their religion." Smith v. O'Connell,
In addition, the court will be able to apply neutral principles of tort law to conduct that is expressly prohibited by the laws of this state. "We have never held that an individual's religious beliefs excuse him from compliance with an otherwise valid law prohibiting con duct that the State is free to regulate." Employment Division, Dept. of Human Resourcesof Oregon v. Smith,
Curtis was bishop of the Bridgeport diocese from 1961 until 1988. While he was bishop, Curtis had a policy concerning accusations made against priests, by which he would refer any complaints to the director of personnel, Cusack, who would then handle the complaint. *404 Cusack would then verbally report his findings to Curtis. Through the years Curtis was bishop of the Bridge port diocese, there was never an occasion when he issued a reprimand or admonishment to a priest in the diocese, as this function was performed by Cusack, whom the priests knew represented Curtis on these matters. When asked whether anyone had come to complain to him about priests in the diocese sexually abusing children, Curtis responded that he could not answer. Curtis specifically could not recall any complaints made to the diocese concerning sexual abuse allegations against Pcolka. Curtis also did not remember whether he took any action concerning a letter sent to the diocese dated June 30, 1983 regarding a complaint concerning Pcolka, or whether a complaint had been made. Curtis also testified that it was possible that he may never have seen the June 30, 1983 letter, and that he would only have seen such a letter if it was brought to his attention by Cusack. When asked how many claims of sexual abuse the diocese had settled while he was bishop of the Bridgeport diocese, Curtis could not recall any. Curtis also testified that it was Cusack who met with families of alleged victims when complaints of improper conduct were made. Curtis did not remember discussing with Cusack a meeting Cusack had with the victim who mailed the 1993 letter.
Cusack testified that, in 1972, he was appointed director of the ministry for clergy, which included acting as director of vocations, director of continuing education and director of personnel and vicar of religious by Cur tis. Cusack recalled a complaint filed against Pcolka in 1983, which Cusack recalled as being the first complaint filed against Pcolka. The complaint stemmed from an incident which occurred approximately ten years earlier. Cusack met with the alleged victim, who claimed to have been fondled by Pcolka as a young woman, and her counselor. The affidavit of Martin Starr, who purports to have been the victim's counselor in 1983, *405 has also been submitted. The victim's accusations were denied by Pcolka. After Pcolka was examined at a retreat house, a meeting was held between Curtis, Cusack and the person who examined Pcolka, during which the examiner stated his opinion that there was every reason to believe Pcolka's denial. Pcolka was allowed to continue in the ministry, as it was decided there was no validity to the 1983 allegation. Cusack was unaware that there were other alleged incidents, which plaintiffs' counsel characterized as being over nineteen in number, of improper conduct before and since the alleged incident in 1983. He testified that the 1983 complaint was the one and only complaint he dealt with concerning Pcolka. Cusack also testified that a copy of the June 30, 1983 letter was sent on to Curtis. Cusack consulted with Curtis on all matters, even rumors, concerning improper behavior, and when a situation of misconduct arose, Curtis' separate files would be checked to determine what subsequent steps to take in investigating the allegations.6
In See v. Bridgeport Roman Catholic Diocese Corp. , supra,
The decision in See was not a final judgment, as the defendants' motion for summary judgment was granted as to the plaintiffs' claims based on vicarious liability and civil conspiracy, but was denied on the present negligence counts. The court, therefore, may consider the previous treatment of the plaintiffs' negligence claims as the law of the case.
In addition, the court finds that there are material issues of fact concerning whether or when diocese officials knew or should have known about Pcolka's alleged improper behavior, an issue best left for resolution by the trier of fact.
Accordingly, the named defendant's renewed motion for summary judgment dated November 6, 1997, is denied.