Key point 6-10.04. Courts willing to intervene in disputes challenging the discipline of a church member have granted a variety of remedies to an improperly disciplined member, including reinstatement or monetary damages for defamation or emotional distress.
1. DECISIONS REFUSING TO RECOGNIZE A LEGAL REMEDY
Obviously, courts that follow the rule of non-intervention in internal church membership determinations will not provide disciplined or dismissed members with any legal remedy since no cognizable legal harm has occurred.[326] See, e.g., John v. Estate of Hartgerink, 528 N.W.2d 539 (Iowa 1995) (defamation, intentional infliction of emotional distress); Glass v. First United Pentecostal Church, 676 So.2d 724 (La. App. 1996) (defamation, intentional infliction of emotional distress); Schoenhalls v. Main, 504 N.W.2d 233 (Minn. App. 1993) (defamation, fraud); Hadnot v. Shaw, 826 P.2d 978 (Okla. ...
Already a member? Log in for full access.
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.
