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Pastor, Church & LawMember access only

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

Remedies for Improper Discipline or Dismissal

§ 6.10.04
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 ...

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