Supreme Court Rejects Appeal on Colorado Sexual Misconduct Case
Episcopal News Service. July 13, 1994 [94132]
Nancy Kinney, Editor of the Colorado Episcopalian
The United States Supreme Court declined May 31 to consider an appeal by the Diocese of Colorado and its former bishop, William Frey, in a sexual misconduct suit.
The highly publicized suit was brought by Mary E. Moses against Paul Robinson when she sought counseling. The case was appealed to the nation's highest court after the Colorado Supreme Court affirmed several rulings in the case.
Moses, who is now known as Mary Tenantry, brought suit against the diocese, Frey and Robinson in 1990, but Robinson subsequently filed bankruptcy and was dropped from the suit. The jury in the district court decided against the diocese and Frey on three counts: that the diocese and Frey were liable for a breach of fiduciary duty, negligent in hiring and supervision, and vicariously liable for Robinson's breach of fiduciary duty, which exists when one person assumes the responsibility to act in another person's interest. Moses was awarded $1.2 million in damages.
Upon appeal, the Colorado Supreme Court upheld two parts of the lower court's findings but reversed the decision about vicarious liability, thus lowering the award to $728,100.
Attorneys for the defense argued at the state appeal that such litigation against the diocese and the bishop violated free exercise of religion under the First Amendment. The state court rejected that claim, saying that cases not involving the interpretation of church doctrine are permissible and not a violation of First Amendment freedoms.
The relationship between the church leadership and clergy has been a key issue in the case. Colorado Supreme Court Chief Justice Luis Rovira disagreed with the finding that the diocese and Frey were negligent in hiring and supervision. In his dissent, he wrote that the bishop and diocese were "capable of exerting influence" over Robinson but did not have an "agency or employment relationship" that made them liable for the actions of the priest.
In light of the highly publicized case, church judicatories are implementing changes in hiring and supervision of clergy. "We have come a long way in recognizing the problem," said William Fischer, vice president in charge of claims for the Church Insurance Company which paid damages in the Moses case.
"There has been a misunderstanding of the Episcopal Church throughout this case," said assistant diocesan chancellor Scot Peterson, reflecting on the court's view of the relationship between parishes and the diocese. "We do not believe that the diocese should be held liable for the acts of other corporations' employees."