Higgs, Sr. v. Bole
Annotate this CaseLawton Higgs, Sr., formerly a pastor and pastor emeritus at the Church of the Reconciler ("COR"), a United Methodist church, brought an action against Tom Bole, a lay member of COR, alleging defamation, invasion of privacy, and intentional infliction of emotional distress. During the proceedings, Higgs filed a civil subpoena requesting the production of certain documents from Reverend Ron Schultz, the district supervisor of the South Central District of the North Alabama Conference of the United Methodist Church ("the Conference"). Reverend Schultz filed a verified objection to and a motion to quash the civil subpoena based on First Amendment concerns. Subsequently, Bole filed a motion to dismiss the claims against him, alleging that the trial court did not have subject-matter jurisdiction over the claims based on the First and Fourteenth Amendments to the United States Constitution; the trial court denied Bole's motion. The trial court later entered an order in which it granted in part and denied in part Reverend Schultz's motion to quash. In case no. 1110868, Bole petitioned for a writ of mandamus requesting that this Court dismiss Higgs's claims against him. In case no. 1110892, Reverend Schultz petitioned for a writ of mandamus asking this Court to quash the subpoena in its entirety on the basis that the records subpoenaed by Higgs were privileged, ecclesiastical records of the United Methodist Church. Upon review, the Supreme Court granted the petition in case no. 1110868 and dismissed the petition in case no. 1110892.
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