Jump directly to the content

Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Court Decisions Rejecting Negligent Retention Claims

Volume 4 . Chapter 10 . § 10-07.2
Key point 10-07.2. Many courts have ruled that the First Amendment prevents churches from being legally responsible on the basis of negligent retention for the misconduct of ministers.

Some courts have concluded that the First Amendment prevents churches from being sued on the basis of negligent retention for the sexual misconduct of ministers.

Case Studies

• A federal appeals court ruled that a school was not liable on the basis of negligent retention for the molestation of two young girls by a teacher despite the fact that it was aware of a prior, similar complaint by another girl because the school thoroughly investigated the prior complaint, concluded that it was unsubstantiated, and took appropriate steps to monitor and restrict the ...

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.



Experience a whole new way to set compensation. Eliminate the guesswork – get access to detailed compensation reports in just minutes.

Church Compensation

Church Compensation Subscriber access only

Learn the many pieces of employee compensation so you're in compliance with government guidelines and your ministry staff is properly cared for.
Creating a Disaster Preparation and Response Plan

Creating a Disaster Preparation and Response Plan Subscriber access only

Learn the steps you can take now so you are ready to respond if a crisis unfolds.