In B.B. v. Methodist Church of Shelbina, Missouri, (MO App., Dec. 19, 2017), a Missouri appellate court upheld the dismissal of a suit for damages against a church growing out of the sexual molestation of appellant by the church’s youth director.  The molestation occurred in 2006 when appellant was 12 years old.  The court summarized its holding in part as follows in an accompanying Opinion Summary:(1) The Establishment Clause … bars Appellant’s negligence-based claims and his claim for breach of fiduciary/confidential relationship against Respondents because we cannot resolve these claims without interfering with and interpreting the doctrine, policy, polity, practice, and administration of the Respondents.(2) Appellant has not and will not be able to present sufficient evidence to prove an element of his claim for intentional failure to supervise…. Specifically, Appellant failed to establish the sexual abuse he suffered occurred on property possessed by the Church.(3) Appellant’s claims for child sexual abuse and battery against the Church fail … because: a. [The youth director’s] misconduct was completely outside the course and scope of his employment with the Church; b. Appellant’s argument the trial court erred in not imposing liability on the Church based on its employee’s failure to act on information given to her … is nothing more than a reconstituted claim of negligence against the Church, which is not cognizable pursuant to precedent from Missouri courts….



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