Legal Opinion

Swanson v. Roman Catholic Bishop of Portland

Supreme Judicial Court of Maine

Decided April 4, 1997No. Docket CUM-96-305PublishedCited by 48 opinions

1Opinion of the Court

WATHEN, Chief Justice.

[¶ 1] For the first time, we must decide whether courts may constitutionally impose and enforce a duty of employee supervision derived from secular agency principles against a religious organization. The issue is presented on the report of the interlocutory order of the Superior Court (Cumberland County, Saufley, J.) declining to dismiss Albert and Ruth Swanson’s claim against the Roman Catholic Bishop of Portland, a corporation sole, 1 and Bishop Joseph Gerry in his personal capacity (hereinafter referred to collectively as “the church”) for negligently supervising a…

Also in this document: Dissent.

2Cases cited36 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. New York v. FerberSupreme Court of the United States · 1982
  3. Prince v. MassachusettsSupreme Court of the United States · 1944
  4. Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
  5. Presbyterian Church in US v. Mary Elizabeth Blue Hull Memorial Presbyterian ChurchSupreme Court of the United States · 1969

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3Cited by48 opinions

  1. Gibson v. BrewerSupreme Court of Missouri · 1997
  2. Malicki v. DoeSupreme Court of Florida · 2002
  3. Doe v. EvansSupreme Court of Florida · 2002
  4. N.H. v. Presbyterian Church (U.S.A.)Supreme Court of Oklahoma · 1999
  5. Roman Catholic Diocese of Jackson v. MorrisonMississippi Supreme Court · 2005

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