Breach of Fiduciary Duty

Key point 10-13.2. Several courts have refused to hold churches and denominational agencies liable on the basis of a breach of a fiduciary duty for the sexual misconduct of a minister. In some cases, this result is based on First Amendment considerations.

* A Connecticut court ruled that a priest and archdiocese were not liable on the basis of a breach of a fiduciary duty for the priest's sexual relationship with an adult woman since no fiduciary duty arose under the circumstances. A 40-year-old woman (the "plaintiff") with a long history of psychiatric and emotional problems sought out the "advice, counsel and friendship" of a priest. At the time, the priest was serving as an associate priest at a local church and was also an employee of the archdiocese. The plaintiff did not engage in formal counseling with the priest; rather, their relationship involved mainly recreational activities such ...