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Judge Dismisses Priest's Law Suit against Reno Diocese By Martha Bellisle Reno Register-Journal April 9, 2010 http://www.rgj.com/article/20100409/NEWS/4090337/1321/news/Judge-dismisses-priest-s-law-suit-against-Reno-diocese A Washoe District Court judge has thrown out a lawsuit filed by a Catholic priest who claimed the Diocese of Reno and its bishop defamed and wrongly fired him after he raised concerns about a deacon and alleged death threats. Judge Patrick Flanagan granted the diocese motion to dismiss the case filed by the Rev. Richard DeMolen, the former pastor of Our Lady of Lake Tahoe church in Zephyr Cove, saying the First Amendment prevents a court from becoming involved in a contractual dispute involving a religious organization. Jeffrey Dickerson, DeMolen's lawyer, said they plan to appeal the ruling. "The Nevada Supreme Court has never addressed whether a diocese and its bishop should be exempt from lawsuits," Dickerson said. "It presents a very interesting appeal, which we look forward to prosecuting." A message seeking comment from diocese chancellor Brother Matthew Cunningham was not returned. DeMolen sued the diocese and Bishop Randolph Calvo in September, saying he was fired for seeking a protective order after receiving a death threat he believed was sent by someone in the parish. DeMolen also said Calvo defamed him by sending a letter to parishioners about the pastor and a deacon, and said Calvo's actions caused emotional distress and was a breach of their contract. But lawyers for the diocese and Calvo argued that the First Amendment precludes courts from becoming involved in disputes brought by employees in religious organizations about their contractual rights. The lawyers also said DeMolen failed to make a claim for which relief could be granted. Dickerson contended that DeMolen's claims fell under contract or tort law and could be decided without becoming involved in the church. The judge said the firing was within the church's protected rights and that Calvo's letter to parishioners was part of the church's "internal decision-making process" regarding its affairs and protected from court involvement. Contact: mbellisle@rgj.com |
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