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• A recent California appeals court ruling will be of interest to churches and religious denominations that conduct scouting programs. The court ruled that the Boy Scouts of America (BSA) was not responsible for the homosexual molestation of two young boys by a scoutmaster. The mother of the two boys learned in 1984 that her sons had been repeatedly molested by the scoutmaster during the course of scouting activities. She sued the BSA, alleging that it (1) was responsible for the conduct of the scoutmaster on the basis of the "respondeat superior" theory, and (2) it was negligent in failing to discover that the scoutmaster "had been discharged from the Air Force for improper sexual conduct and had also been convicted … of child abuse in another situation." A trial court dismissed the case against the BSA, and the mother appealed. A state appeals court affirmed the trial court's ...

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  • May 1, 1989

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