ILNews

Religious defense doesn't discharge court's subject matter jurisdiction

Back to TopE-mailPrint

A court with authority to hear defamation and invasion of privacy claims is not ousted of subject matter jurisdiction just because a defendant pleads a religious defense, the Indiana Supreme Court ruled today.

In Rosalyn West v. Betty Wadlington, et al., No. 49S02-1009-CV-509, Rosalyn West filed a suit alleging defamation and invasion of privacy in Marion Superior Court against fellow church members Betty Wadlington and Jeanette Larkins. The City of Indianapolis as Larkins’ employer was also made a defendant after West learned a memo discussing West’s actions at the church was sent to Larkins at her Indianapolis Metropolitan Police Department e-mail address. The memo was forwarded to 89 other people.

Larkins and the city filed a motion to dismiss under Indiana Trial Rule 12(B)(1) for lack of subject matter jurisdiction, arguing under the First and Fourteenth Amendments that any adjudication of the complaint would require entanglement of the church’s politics and doctrine. The trial court granted the motion and dismissed the complaint with prejudice for all the defendants; the Indiana Court of Appeals reversed.

The justices also reversed the trial court, but not for constitutional reasons. Using Brazauskas v. Fort Wayne South Bend Diocese, Inc., 796 N.E.2d 286 (Ind. 2003), as a guide, they held just as with a claim concerning employment disputes, a court that has authority to hear claims of defamation and invasion of privacy isn’t ousted of subject matter jurisdiction merely because a defendant pleads a religious defense. As such, the trial court erred in dismissing West’s complaint on this ground.

But this case isn’t ripe for adjudication using a summary judgment standard of review, noted Justice Robert Rucker. When a T.R. 12(B)(6) motion is treated as a motion for summary judgment, the court must allow the parties a reasonable opportunity to present summary judgment materials, and there is nothing in the record to suggest the trial court afforded the parties an opportunity to present T.R. 56 materials in support of or against summary judgment.

“Instead, because the parties treated the Defendants’ motion as one to dismiss for lack of subject matter jurisdiction, the trial court ruled accordingly. As noted above this was error. And on this ground we reverse the judgment of the trial court,” he wrote, remanding the issue for further proceedings.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT