Redwing v. Catholic Bishop for the Diocese of MemphisAnnotate this Case
A victim of alleged child sexual abuse purportedly perpetrated by one of the priests of the Catholic Diocese of Memphis in the 1970s filed suit against the Bishop of the Diocese, seeking monetary damages. The Diocese moved to dismiss the complaint, arguing that the ecclesiastical abstention doctrine deprived state courts of subject mater jurisdiction and that the victim's claims were barred by the statute of limitations. The trial court denied the Diocese's motion. The court of appeals held (1) the ecclesiastical abstention doctrine barred state courts from considering the victim's negligent hiring and retention claims but not the negligent supervision claims; and (2) the statute of limitations had run on the victim's claims. The Supreme Court reversed in part, holding (1) the state courts had subject matter jurisdiction over the victim's claims; and (2) the victim's claims were not barred by the statute of limitations. Remanded.
Court Description: Authoring Judge: Justice William C. Koch, Jr.