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1st Amendment Limits Liability In Clergy Sex Abuse Cases

Law360, New York (April 2, 2014, 6:06 PM EDT) -- The Missouri Supreme Court, in its 1997 Gibson v. Brewer decision,[1] established the framework governing a religious organization's liability in Missouri for the conduct of its clergy. The Gibson decision is significant because it prohibits on First Amendment grounds liability based on negligence. Recently, the Missouri Court of Appeals reaffirmed the Gibson rule in D.T. v. Catholic Diocese of Kansas City-St. Joseph.[2] On Feb. 25, 2014, the Missouri Supreme Court further strengthened the precedential value of its Gibson decision when it denied postopinion review in the D.T. case and, thus, declined to revisit its prior decision....

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