Elliott v. The Marist Bros. of the Schools, Inc.

• Court: U.S. District Court — District of Delaware
• Writing for the Court: Robinson
• Citation: Elliott v. The Marist Bros. of the Schools, Inc., 675 F.Supp.2d 454 (D. Del. 2009)
• Decision Date: 21 December 2009
• Docket Number: Civ. No. 09-611-SLR.
• Parties: Brian ELLIOTT, Plaintiff, v. THE MARIST BROTHERS OF THE SCHOOLS, INC., The Archdiocese of New York, Church of the Nativity of Our Blessed Lady, Mt. St. Michael's School and Brother Damian Galligan, Defendants.

675 F.Supp.2d 454

Brian ELLIOTT, Plaintiff, v. THE MARIST BROTHERS OF THE SCHOOLS, INC., The Archdiocese of New York, Church of the Nativity of Our Blessed Lady, Mt. St. Michael's School and Brother Damian Galligan, Defendants.

Civ. No. 09-611-SLR.

United States District Court, D. Delaware.

December 21, 2009.

Robert Jacobs, Esquire, Thomas C. Crumplar, Esquire, and Jordan J. Ponzo, Esquire, Jacobs & Crumplar, P.A.; Thomas S. Neuberger, Esquire, Stephen J. Neuberger, Esquire, and Raeann Warner, Esquire, The Neuberger Firm, P.A., for plaintiff, Brian Elliott.

Anthony G. Flynn, Esquire, Nelli Mullen Walsh, Esquire, Mary F. Dugan, Esquire, and Erika R. Caesar, Esquire, Young Conaway Stargatt & Taylor, LLP, for defendants, Archdiocese of New York and Church of the Nativity of Our Blessed Lady.

MEMORANDUM OPINION

ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff Brian Elliott brought this suit in the Superior Court of the State of Delaware against the Marist Brothers of the Schools Inc. ("Marist"), the Archdiocese of New York ("the Archdiocese"), Church of the Nativity of Our Blessed Lady ("Church of the Nativity"), Mount Saint Michael's School ("Mount Saint Michael's"), and Brother Damian Galligan ("Galligan") (collectively "defendants"), seeking monetary damages for personal injuries arising from childhood sexual abuse by Galligan. (D.I. 1, ex. A at ¶ 1, the amended complaint, hereafter "AC") On August 17, 2009, the Archdiocese and Church of the Nativity (collectively, "moving defendants") removed the action to this court. (D.I.1)

Moving defendants now request dismissal of the complaint, principally arguing that the court: (1) lacks personal jurisdiction over the moving defendants because they have insufficient contacts with Delaware and the plaintiff has failed to allege that any purported actions of the moving defendants were purposefully directed towards Delaware; and (2) should apply New York law to the dispute and, thus, dismiss the suit because the claims are barred by the applicable statute of limitations. (D.I. 10)

II. FACTS

A. The Parties

Plaintiff is currently a resident of the State of New Jersey. (D.I. 1 at ¶ 6) He is forty years old and, at the time of the alleged sexual abuse, he ranged from ages eight to thirteen. (AC at ¶ 2)

The Archdiocese is incorporated in the State of New York with its principal place of business in New York City, New York. (D.I. 11, ex. A) The Archdiocese is a Roman Catholic religious enterprise and governing organization of the Catholic Church. (AC at ¶ 9; D.I. 11, ex. A at ¶ 1) Church of the Nativity is incorporated in the State of New York with its principal place of business in New York City, New York. (D.I.11, ex. B) Church of the Nativity is a private religious organization operating a church under the Archdiocese. (AC at ¶ 10; D.I. 11, ex. B) Marist is incorporated in the State of New York and is a religious order of brothers. (AC at ¶ 3; D.I. 5 at ¶ 3) Marist was responsible for hiring and supervising Galligan as its employee and agent. (AC at ¶ 4) Marist served mass at the Church of the Nativity, a parish under the Archdiocese. (Id. at ¶ 28) Mount Saint Michael's is incorporated in the State of New York as a private religious high school and is located in New York City, New York. (AC at ¶ 5; D.I. 5 at ¶ 5) Galligan was a brother of the Marist Order and employed by the Archdiocese and Marist. (AC at ¶ 11; D.I. 5 at ¶ 11) Galligan also taught at Mount Saint Michael's and served as a brother of the Church of the Nativity. (AC at ¶ 11)

B. Alleged Acts of Abuse

Plaintiff's grandmother was a parishioner at the Church of the Nativity. (Id. at ¶ 29) Plaintiff's grandmother introduced plaintiff to Galligan. (Id.) Galligan developed a close relationship with plaintiff, which plaintiff's family encouraged because of Galligan's status as an authority figure and holy man. (Id. at ¶ 30)

Beginning in the fall of 1977, when plaintiff was eight years old, Galligan allegedly began to sexually assault, abuse, rape and/or molest plaintiff. (Id. at ¶ 32) These acts of sexual abuse and assault allegedly occurred on a regular basis between 1977 and 1983 in various locations in New York, New Jersey and Delaware. (Id. at ¶ 33)

C. Alleged Acts of Abuse in Delaware

During approximately the summer of 1979, Galligan took plaintiff on an overnight trip to Rehoboth, Delaware. (Id. at ¶ 34) During this trip, plaintiff asserts that he was sexually assaulted, abused, raped and/or molested by Galligan. (Id.) While returning to New Jersey from Delaware, plaintiff was again sexually assaulted, abused, raped and/or molested by Galligan at a Delaware rest stop. (Id. at ¶ 36) This trip is alleged to have been part of Galligan's brotherly duties and with the knowledge and authority of moving defendants. (Id. at ¶ 34)

Plaintiff again accompanied Galligan on a trip to visit Galligan's brother in Virginia during the summer of 1981. (Id. at ¶ 37) On the way to Virginia, Galligan stopped at the same rest stop in Delaware that he visited in 1979 and allegedly sexually assaulted, abused, raped and/or molested plaintiff. (Id.) While returning from Virginia, Galligan again stopped at the same Delaware rest stop and allegedly sexually assaulted, abused, raped and/or molested plaintiff. (Id. at ¶ 38) It is asserted that this trip occurred as a result of Galligan's position with the moving defendants and the authority given to him by the moving defendants. (Id. at ¶ 37)

D. Moving Defendants' Relationships to Acts of Abuse

Plaintiff alleges an agency relationship between Galligan and moving defendants. (Id. at ¶ 53) It is asserted that Galligan was employed by moving defendants at all relevant times to perform brotherly functions in homes, hospitals, parishes, schools and churches, and moving defendants were responsible for supervising him. (Id. at ¶¶ 51-52) As a result of this relationship, it is asserted that Galligan was given the power to act on moving defendants' behalf and all acts done outside the scope of that consent were ratified, affirmed, adopted, acquiesced in, and not repudiated by moving defendants, and such acts were enabled by the agency relationship. (Id. at ¶¶ 54-55)

Plaintiff alleges that moving defendants had actual or constructive knowledge of the childhood sexual abuse committed upon plaintiff by Galligan. (Id. at ¶¶ 14, 56) Further, plaintiff alleges that Galligan's misconduct was authorized, sanctioned, ratified, acquiesced in or approved by moving defendants, and that all of his acts were taken within the scope of his authority and for the benefit of moving defendants during the normal course of his routine and regular job duties. (Id. at ¶¶ 15, 55-57) Plaintiff alleges that moving defendants have been aware of sexual abuse committed by priests for several years and that a policy of covering up acts of sexual abuse, and handling reports of sexual abuse with secrecy, put moving defendants on notice of the threat of injury to children from clergy such as Galligan. (Id. at ¶¶ 17-26)

As a result of the alleged agency relationship between moving defendants and Galligan, and the general knowledge of moving defendants concerning Galligan's acts, plaintiff asserts that moving defendants had a duty to prevent Galligan from committing acts of sexual abuse on plaintiff. (Id. at ¶¶ 58-60) Plaintiff also asserts that, given the high degree of vulnerability and risk of sexual abuse inherent in the special relationship between plaintiff and moving defendants, moving defendants had a duty to establish rigorous measures of protection against the sexual abuse of children. (Id. at ¶ 59) Plaintiff asserts that these duties were breached by moving defendants because they: (1) failed to warn parishioners, including plaintiff's parents, about the dangers posed by Galligan; (2) failed to use reasonable care to supervise and protect children under their care and supervise Galligan; and (3) failed to warn or disclose Galligan's acts of abuse to public authorities or the community by engaging in a cover-up of the alleged acts of abuse. (Id. at ¶¶ 61-70) In addition, plaintiff alleges that moving defendants had a fiduciary duty to plaintiff and plaintiff's parents that was formed by the trust that plaintiff, and his parents, placed in the faithful integrity of moving defendants and their agents as religious authorities and leaders, and the entrusting of plaintiff to moving defendants' care. (Id. at ¶¶ 71-74)

Plaintiff asserts that the actions of moving defendants in breaching these duties caused plaintiff injuries including: depression, sexual dysfunction, guilt, emotional pain, fear, fright, shame, anxiety, humiliation, anger, loss of enjoyment of life, lack of self-confidence, insomnia, embarrassment, substance abuse, economic losses, and other temporary or permanent personal injury. (Id. at ¶¶ 77-82) Plaintiff contends that these injuries were inherently unknowable and he did not become aware of them until November of 2007. (Id. at ¶¶ 84, 88)

E. Disputed Facts

Moving defendants assert that Galligan was an agent of Marist and Mount Saint Michael's since they were responsible for hiring and supervising him, and that Galligan was not an agent of moving defendants. (D.I. 11 at 5) Moving defendants also assert that, even assuming Galligan was an employee of moving defendants, any acts of sexual abuse by Galligan were outside the scope of his employment and were not approved by moving defendants. (Id. at 5-6; AC at ¶¶ 4, 6)

III. STANDARDS OF REVIEW

In reviewing a motion filed under Federal Rule of Civil Procedure 12(b)(2), the court must accept all of a plaintiff's allegations as true and construe disputed facts in the plaintiffs favor. Pinker v. Roche Holdings Ltd., 292 F.3d 361, 368 (3d Cir. 2002) (quoting Carteret Sav. Bank, FA v. Shushan, 954 F.2d 141, 142 n. 1 (3d Cir. 1992)). A plaintiff, however, still bears "the burden of demonstrating the facts that establish personal jurisdiction."...