Legal Opinion

John Doe v. The Newbury Bible Church, the Newbury Christian School, and the Newbury Bible Church and School, Joseph Rinaldi, Docket No. 05-4915-Cv

Court of Appeals for the Second Circuit

Decided April 21, 2006No. 594PublishedCited by 3 opinions

1Per curiam

The plaintiff-appellant, John Doe, alleges he was sexually molested as a boy by Joseph Rinaldi, the former pastor of New-bury Bible Church. Doe sued Rinaldi and the church in the District Court for the District of Vermont based on diversity of citizenship jurisdiction. Rinaldi defaulted and is not a party to this appeal. Doe asserted various state law theories of liability against the church. In particular, the plaintiff asserts that Vermont state law would permit vicarious liability of the church for Rinaldi’s acts under the Restatement (Second) of Agency § 219(2)(d).

While the Vermont…

2Cases cited4 opinions

  1. Faragher v. City of Boca RatonSupreme Court of the United States · 1998
  2. Burlington Industries, Inc. v. EllerthSupreme Court of the United States · 1998
  3. Doe v. ForrestSupreme Court of Vermont · 2004
  4. Preseault v. City Of BurlingtonCourt of Appeals for the Second Circuit · 2005

3Cited by3 opinions

  1. Hunt Construction Group, Inc. v. Brennan Beer Gorman/Architects, P.C.Court of Appeals for the Second Circuit · 2010
  2. Doe v. Newbury Bible ChurchCourt of Appeals for the Second Circuit · 2007
  3. Cunningham v. New York Junior Tennis League, Inc.District Court, S.D. New York · 2020

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