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Fired rabbi loses appeal

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A Bloomington rabbi terminated less than a year into his contract with Congregation Beth Shalom lost his case before the Indiana Court of Appeals. He claimed he was fired for reporting child abuse, but the congregation said his contract was terminated for other conduct that fell under the ministerial exception.

Beth Shalom entered into a contract with Steven Ballaban for him to serve as rabbi for three years. He was fired nearly a year later in 2010 due to the board of directors’ view that Ballaban was unable or unwilling to fulfill the expectations for rabbinic behavior, put the tax-exempt status of the congregation at risk, breached the congregation’s guidelines’ sacred duty of confidence on at least two occasions, and was hostile toward employees. Ballaban argued that he was fired because he previously had exchanged email messages with several people regarding concerns of child abuse by a teacher. That abuse claim was later unsubstantiated by the Department of Child Services.

After Ballaban filed a lawsuit following his termination, the congregation argued that the ministerial exception applies. Ballaban claimed reporting child abuse would fall outside of that exception and allow his suit to proceed. The trial court granted summary judgment in favor of Beth Shalom and other defendants.

Judges Elaine Brown, L. Mark Bailey and Nancy Vaidik each wrote opinions on this case, with Bailey and Vaidik concurring with Brown’s opinion that summary judgment was proper for the defendants.

Brown wrote that the U.S. Supreme Court hasn’t decided whether the ministerial exception applies when a minister is fired or impacted for reporting or attempting to report child abuse. She found it’s not necessary to decide that yet because the record supports the ruling that the ministerial exception applies.

Bailey noted that the record doesn’t include Ballaban’s complaint or amended complaint, but it appears he brought claims of breach of contract, tortious interference with a contract, negligent failure to supervise, defamation and invasion of privacy. He pointed to a letter to Ballaban designated as evidence by Beth Shalom that reasons for his termination included “conduct unbecoming a spiritual leader,” and that he had been counseled by another rabbi about his behavior. Ballaban never designated materials showing that the termination was prompted solely by the reports of child abuse.

Vaidik wrote that the ministerial exception doesn’t allow a congregation to fire a spiritual leader who refuses to commit a criminal offense and failure to report child abuse is a criminal offense. But the designated evidence doesn’t reveal the reason Ballaban was fired was his child-abuse reporting, so she concurred in result.

All of the judges agreed in Steven A. Ballaban v. Bloomington Jewish Community, Inc., a/k/a Congregation Beth Shalom, Paul Eisenberg, Judith Rose, Sarah Wasserman, Lynne Foster Shifriss, and Roberta "Didi" Kerler, 53A01-1207-CT-315, that Beth Shalom is not entitled to appellate attorney fees.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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