McKelvey v. Pierce
| Decision Date | 05 July 2001 |
| Citation | 776 A.2d 903,342 N.J. Super. 399 |
| Parties | Christopher J. McKELVEY, Plaintiff-Appellant, v. Rev. William C. PIERCE, Individually; Rev. John T. Frey, Individually; Rev. William P. Brennan, Individually; Rev. Anthony J. Manuppella, Individually; Estate of Rev. Msgr. William J. Buchler, Individually; Diocese of Camden, a religious corporation, Defendants-Respondents. |
| Court | New Jersey Superior Court |
Stephen C. Rubino, Westmont, argued the cause for appellant (Ross & Rubino, attorneys; Mr. Rubino and Jennifer B. Barr, Houston, TX, on the brief).
Martin F. McKernan, Jr., Camden, argued the cause for respondents (McKernan, McKernan, & Godino, attorneys; Mr. McKernan, of counsel and on the brief).
Before Judges KING, COBURN and AXELRAD. The opinion of the court was delivered by KING, P.J.A.D
This is an unprecedented action at common law for breach of a contract for education brought by a former Roman Catholic seminarian. He sues the Diocese of Camden (Diocese) and several of its priests claiming he was persistently subjected to unwanted homosexual advances during his eight to nine years of seminary training. He asserts that despite his complaints, his supervising priests and the Diocese did nothing to correct the situation. Plaintiff states "the core of [his] complaint is that he spent $69,000 and ten years of his life and does not have a meaningful career because his teachers and mentors behaved sexually inappropriately towards him and breached the contract for education." He does not seek reinstatement in the program but seeks money damages for his loss of time and out-of-pocket costs.
The Law Division judge dismissed his complaint. The judge concluded that entertaining plaintiff's action would violate the First Amendment's Religion Clauses, would require the court to intrude into church polity and administration, and would generate excessive entanglement of church and state. We agree and affirm.
On March 12, 1999 plaintiff filed suit in Superior Court, Law Division, Atlantic County, against defendants Rev. William C. Pierce, Rev. John T. Frey, Rev. William P. Brennan, Rev. Anthony J. Manuppella, the Estate of Rev. Msgr. William J. Buchler, and the Diocese of Camden, alleging breach of an implied contract by the creation of a hostile education and work environment, breach of the covenant of good faith and fair dealing, intentional infliction of emotional distress, and for fraud and deceit. He demanded a jury trial. By court order on July 9, 1999 the complaint was dismissed for lack of subject matter jurisdiction, with plaintiff's right to file an amended complaint.
Plaintiff filed an amended complaint on August 13, 1999 alleging the same four causes of action. By court order on November 19, 1999 the complaint was again dismissed for lack of subject matter jurisdiction. On November 29, 1999 plaintiff filed a second amended complaint, again alleging the same four causes of action. Defendants demanded that plaintiff produce certain documents referred to in his new complaint. These documents were produced.
On March 24, 2000 the judge heard argument on defendants' motion to dismiss. By order of April 27, 2000 the judge denied the motion without prejudice, and ordered plaintiff to provide defendants with a new statement setting forth the basis for his claims and any correspondence to support the purported contract between the parties. Defendants were ordered to provide plaintiff with all pertinent correspondence contained in the files of the Diocese of Camden.
On June 29, 2000 the judge issued a written opinion granting defendants' motion to dismiss plaintiff's second amended complaint for lack of subject matter jurisdiction. The defense never filed an answer. The motion by defendants for judgment on the pleadings, R. 4:6-2(e), effectively became a motion for summary judgment. R. 4:46-2; see Pressler, Current N.J. Court Rules, comment 4.1 on R. 4:6-2(e)(2001).
In January 1985 plaintiff made inquiry of the Diocese regarding his interest in becoming a Roman Catholic priest. Plaintiff was provided with a brochure entitled "The Diocesan Priesthood." On the title page of this brochure, this quote from the Acts of the Apostles appeared: "You will receive the power of the Holy Spirit ... you will be my witness."
The second page of the brochure is separated into portions entitled "To be," "To hear," "To live," and "To serve." The brochure stated that a diocesan priest in the Roman Catholic Church is one particular calling that Christian men may choose as their way of responding to and living their belief in Jesus Christ. Hearing the call of the Lord is to experience a deep and personal stirring within oneself. "In proclaiming God's Word, celebrating the sacraments, living as a public witness of Jesus and shepherding the People of God with care and compassion, the diocesan priest seeks to follow the Lord Who came `as One Who serves.'" To live as a diocesan priest, an individual is challenged to model his life on Jesus. The diocesan priest is celibate, yet "stands at the heart of the Catholic family." The celibate lifestyle "reminds him that his deepest meaning and fulfillment is found in relationship to the Lord." "The ministry of the diocesan priest is to lead and empower the community through a life which gives witness to the Gospel of Jesus Christ."
The brochure also describes the application process. During the time of application, "prudent sensitivity" is employed in order to respect the power of the Holy Spirit in a person's life. The described Revised Code of Canon Law suggests that each applicant for the priesthood meet certain minimum requirements in the area of spirituality, motivation, intelligence, physical and emotional health, and the capacity to relate to others.
Following an initial meeting with the Vocation Director of the Diocese, an applicant completes an application form and submits written recommendations, ecclesiastical records, academic transcripts, and the results of psychological and physical examinations. The applicant would then meet with four members of the Vocation Office Advisory Board, after which a recommendation would be made to the Bishop.
If the applicant is a viable candidate, he is assigned to a place of study in a formation program in a seminary. Seminary life is intended as a time of "vital, dynamic growth and development." The goal of the seminary is to form true pastors of the People of God after the model of Our Lord Jesus Christ. At the four-year college level, the seminary assists a person to mature as a liberally-educated human being. A college seminarian is invited to reflect upon his personal commitment to God and his decision to involve himself in a life of service within the Church.
Upon graduation from the college seminary, the applicant is assigned to a school of theology for the final four years of his academic training. During these four years, the seminarian continues to grow in "holiness and wholeness." The ninth and final year of formation, prior to ordination to the priesthood, is an important year of transition from the seminary to the Diocese. At the completion of this year of internship, the candidate petitions the Bishop for ordination.
As part of his application process, plaintiff met with Rev. Joseph Perreault, Director of Vocations of the Diocese. He then met with and was interviewed by four priests from the Diocese. On April 16, 1985 plaintiff was notified of his conditional acceptance as a candidate for the priesthood. He was required to begin college studies at Saint Pius X Seminary in Dalton, Pennsylvania, associated with nearby University of Scranton. After one year, his progress would be reviewed and a further recommendation would be made.
Plaintiff attended St. Pius X Seminary until 1989. The seminary was affiliated academically with the University of Scranton, a Jesuit institution from which plaintiff obtained an A.B. degree in 1989, according to defense counsel's representation at oral argument. From 1989 to 1993, he attended St. Charles Borromeo Seminary, a theology seminary and divinity school in Wynnewood, Pennsylvania operated by the Diocese of Philadelphia. When not at St. Charles, plaintiff was assigned in the summers to work as an intern at the Holy Family Church in Grenloch, New Jersey in 1990 and 1992; after graduating from St. Charles Seminary in 1993, he interned at Our Lady of Lourdes in Glassboro, New Jersey, and at the Church of the Incarnation in Mantua, New Jersey.
In November 1993 the Diocese granted plaintiff's request for a voluntary leave of absence. When he did not return, the Diocese terminated its sponsorship of plaintiff as a candidate for the priesthood in August 1995. Plaintiff asserts that he applied to the Trenton Diocese for admission to its program for ordination into the priesthood but was turned down in November 1995.
The financial aspect of plaintiff's claim for out-of-pocket expenses is not completely clear on this record. In January 1986 Auxiliary Bishop Schad wrote to plaintiff's mother that "at the present time, the actual costs for college education of Camden seminarians is over $28,000." The declared Diocese policy at this time was that the student was responsible for $8,000. Students were eligible for the Guaranteed Student Loan Program. The Bishop's letter assured that "all tuition, room and board costs at the graduate level are paid for by the Diocese of Camden." Nothing was mentioned in Bishop Schad's letter about plaintiff's repayment obligation, if any, on withdrawal. Following plaintiff's termination Rev. John T. Frey, Director of Vocations, sent a letter to plaintiff which stated in pertinent part:
With this letter I am also informing you of your indebtedness to the Diocese of Camden for the years you were a candidate. The total is $69,002.57. This represents combined tuition, books, fees from the University of Scranton and...
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