Perry v. Schwarzenegger
Judge strikes down California's same-sex marriage ban, finding that "Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians."
U.S. v. Arizona
Arizona judge enjoins enforcement of a new immigration law's requirement that police determine the immigration status of
every person who is arrested.
McGuire v. United Airlines
Michigan woman says a United Express flight crew locked her in a plane for nearly four hours after it landed because they failed to ensure that all passengers had disembarked.
R.H. v. Schenectady Sch. Dist.
Middle school student says he was suspended for wearing rosary beads because the rosary "is considered a gang-related symbol" and cannot be worn in school.
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• 9th Circuit says the U.S. may be held vicariously liable for the sexual harassment of asylum applicants by an INS officer. "California law makes the United States bear the cost of [Thomas] Powell’s conduct, unauthorized but incidental to the asylum system." Lu v. Powell

• Nevada man sues the Mormon church over a back injury he suffered performing baptisms for the dead. The church was negligent in not warning Daniel Dastrup that "the repetitive motion required for performing baptisms for the dead could cause serious damage to a person's back."
Dastrup v. LDS Church

• Attorney says he was harassed by his boss at a Newport Beach, Calif., law firm because refused to attend a seminar "where he would be stripped naked, not allowed to leave, be required to discuss details of his sex life, handle a wooden dildo, and potentially allow other men to touch his genitals."
Eggleston v. Bisnar/Chase

• Parents of a 10-year-old boy who witnessed a killer whale's fatal attack on a trainer sue Sea World Orlando for infliction of emotional distress. "Without question, it was reasonably foreseeable and in fact predictable that an attack such as this one by a killer whale with the tendencies of Tilikum was inevitable." Connell v. Sea World

• Denver judge dismisses Oklahoma City bomber Terry Nichols's civil rights claims against prison officials for denying him a high-fiber diet.
Nichols v. Federal Bureau of Prisons

• Illinois teenager with cerebral palsy sues the Special Olympics for refusing to let her play basketball with the help of a service dog.
Youngwith v. Special Olympics

• Montana judge sets aside a government decision removing protections for the northern Rocky Mountain gray wolf. The Endangered Species Act "was not intended to sow the dragon's teeth of strife or to plant the seeds of future conflicts that have given rise to this case."
Defenders of Wildlife v. Salazar

• San Francisco judge dismisses a cereal consumer's false advertising suit. "[T]here is nothing in the packaging or marketing of Cap’n Crunch that would in any way deceive a reasonable consumer into believing that the cereal contains or derives nutritional value from real fruit." Werbel v. PepsiCo

• Iowa judge says a sheriff denied the applications of a father and son for concealed weapons permits in retaliation for their political activism. "This is a great reminder that the First Amendment protects the sole individual who may be a gadfly, kook, weirdo, nut job, whacko, and spook, with the same force of protection as folks with more majoritarian and popular views." Dorr v. Weber

• 5th Circuit rules that a school district violated the religious freedom of a Native American boy by requiring him to wear his long hair in a bun on top of his head or in a braid tucked into his shirt. The boy "has a sincere religious belief in wearing his hair uncut and in plain view."
A.A. v. Needville Ind. Sch. Dist.




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Injury Claims

Priest Sued for Bashing Critic of Sermons at Mass Print

An Illinois priest who failed to turn the other cheek after a parishioner criticized him now has to defend a “wrongful sermon” lawsuit for inviting the congregation to send his critic “to hell or another parish.”

Father Luis Alfredo Rios apparently forgot Jesus's message of nonretaliation in the Sermon from the Mount after parishioner Angel Llavona complained about the quality of his sermonizing. “I attended Mass on Sunday and I have seen poor homilies, but yesterday broke all records,” Llavona said in one of two messages left on Rios's voice mail.

Llavona, a high-school teacher, was in the congregation the following Sunday when Rios performed the Mass at St. Thomas the Apostle Church in Crystal Lake, Ill., and gave him something else to complain about.

“During the Mass, Rios said, 'I have a talked to a lawyer and he said this was OK,'” Llavona says in a complaint filed last week in McHenry County Circuit Court. The priest then allegedly played the two voice mails to the congregation, commenting,

This is the person in charge of religious education here last year. That's why it is no surprise to me we had the kind of religious education we had. That's why we didn't get altar boys. What should we do, should we send him to hell or to another parish?

The suit seeks at least $50,000 in damages for breach of fiduciary duty, defamation and public disclosure of private facts. “Rios impugned Llavona's reputation as a teacher and as a good Catholic before his fellow parishioners,” it alleges.

The First Amendment precludes judges from inquiring into religious doctrine or belief and only a few courts have addressed "wrongful sermon" cases.

Allowing defamation and privacy claims to proceed against a Baptist clergyman, the Missouri Court of Appeals said in Hester v. Barnett, 723 S.W.2d 544 (1987), that

The use of the pulpit as the pretext for the practice of religion, but as the occasion for intentional defamation [ ] is neither justified by privilege nor protected by the free exercise clause.

In McNair v. Worldwide Church of God, 197 Cal.App.3d 363 (1987), a California appeals court found the plaintiff could “recover damages for defamatory remarks made during the course of a doctrinal explanation by a duly authorized minister” by meeting the heightened test of malice applied to public figure libel cases.

Unlike the defendant in Hester, however, Rios never accused Llavona of committing a crime. And as a New Mexico judge suggested in 2004 -- when he rejected a claim against a priest who denounced the deceased at a funeral -- threats of hellfire should not be unduly distressing to the devout.

“For thousands of years, churches have been making judgments against people,” the judge said. “Dante's Inferno has been talking about sending people to hell for many a year. People aren't shocked by it.”

By Matthew Heller
10/7/07


 
rc_insidestories
  • Court Raps Judge Over 'Moral' Views in Adoption Case

    The Georgia Court of Appeals has rejected the reactionary views of a family court judge who ruled that a foster parent could not adopt a child because her out-of-wedlock relationship with a man was “immoral.”
    Read more...
  • Off With His Head! Woman Sues 'Mad Hatter' Actor

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  • Charity Worker Accuses CEO of Hypnotic Seduction

    A former charity worker may be pushing the limits of sexual harassment law by alleging that her boss required her to participate in “relaxation sessions” on his “magic couch” during which he hypnotized and molested her.
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  • Philly School Sued Over Race Attack on Student's Mom

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  • 'McSteamy' Sex Tape Suit Cools off With Settlement

    Acting couple Eric Dane and Rebecca Gayheart have dropped a $1 million lawsuit against Gawker.com for publishing a videotape featuring them in a nude threesome with a friend after the gossip website agreed to take down the much-viewed posting.
    Read more...
RC_OnFile

Mohamed v. Jeppesen Dataplan
Subject: State secrets
Document: En banc opinion

Young v. Facebook
Subject: Discrimination
Document: Complaint

LaRocco v. McDonald's
Subject: Hot chocolate scalding
Document: Complaint

Stovell v. James
Subject: LeBron's paternity
Document: Motion to dismiss

Arnaout v. Warden
Subject: Muslim inmate prayer
Document: John Walker Lindh declaration

more

RC_OnTrial

McCourt v. McCourt
Court: L.A. Superior
Subject: Dodgers divorce

Pom Wonderful v. Welch Foods
Court: USDC, C. Calif.
Subject: False advertising

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RC_OnTheDocket

McCourt v. McCourt
Date: 8/30/10
Court: L.A. Superior
Hearing: Dodgers divorce trial

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