ILNews

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

Back to TopE-mailPrintBookmark and Share

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. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT