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

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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.
 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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