Legal Opinion
Smith v. O'CONNELL
District Court, D. Rhode Island
Decided November 25, 1997No. 93-615-T, 93-660-T, 93-661-TPublishedCited by 22 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
TORRES, District Judge.
The plaintiffs in these consolidated cases seek to recover damages for sexual assaults allegedly committed by two Roman Catholic priests serving in the Diocese of Providence. The defendants are the priests, various diocesan officials and the churches where the alleged assaults occurred. The diocesan officials and the churches (collectively referred to as the “hierarchy defendants”) have moved, under Fed.R.Civ.P. 12(b)(1) to dismiss the claims against them for lack of subject matter jurisdiction.
The issue presented is whether the First Amendment…
2Cases cited25 opinions
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
- City of Boerne v. FloresSupreme Court of the United States · 1997
- Church of the Lukumi Babalu Aye, Inc. v. City of HialeahSupreme Court of the United States · 1993
- Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
20 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Monica L. McDowell Elvig v. Calvin Presbyterian Church Will AcklesCourt of Appeals for the Ninth Circuit · 2004
- Malicki v. DoeSupreme Court of Florida · 2002
- Doe v. EvansSupreme Court of Florida · 2002
- N.H. v. Presbyterian Church (U.S.A.)Supreme Court of Oklahoma · 1999
- Roman Catholic Diocese of Jackson v. MorrisonMississippi Supreme Court · 2005
17 more not listed; retrieve them via the Exa API.