L.L.N. v. Clauder

¶ 48. (dissenting). I dissent. After reviewing the record in this case, I conclude that there is a genuine issue of material fact as to whether the Diocese should have known that Clauder's placement as a hospital chaplain was likely to result in harm to a third party. I also conclude that the majority has unnecessarily reached and erroneously resolved the First Amendment issue presented in this case.

¶ 49. For L.L.N.'s negligent supervision claim1 to survive the Diocese's motion for summary judgment, the record must support the existence of a genuine issue of material fact on the following…