Nutt v. Norwich Roman Catholic Diocese
| Decision Date | 24 July 1995 |
| Docket Number | Civil No. 3:94cv00776(AVC). |
| Court | U.S. District Court — District of Connecticut |
| Parties | Matthew J. NUTT, Mark D. Nutt, Plaintiffs, v. The NORWICH ROMAN CATHOLIC DIOCESE, Thomas J. Doyle, S.M., The Sacred Heart Church of Vernon, Connecticut, The Marianist Society, Inc., Brother Stephen Dematteis and Father Michael Melendez, Defendants. |
COPYRIGHT MATERIAL OMITTED
Holly Abery-Wetstone, Doris B. D'Ambrosio, Wetstone & D'Ambrosio, Farmington, CT, Susan K. Smith, Hartford, CT, for Matthew J. Nutt, Mark D. Nutt, Mary A. Nutt, James D. Nutt.
Joseph T. Sweeney, James M. Sconzo, Halloran & Sage, Hartford, CT, for Norwich Roman Catholic Diocese Corp., Sacred Heart Church of Vernon, CT.
Walter R. Hampton, Jr., Andrea Marie Melanson, Hampton & Hampton, Canton, CT, for Thomas J. Doyle, S.M.
Jeffrey L. Fisher, Richard A. Roberts, Nuzzo & Roberts, Cheshire, CT, for Marianist Society, Inc.
Joseph H. Farrell, Conway, Farrell, Curtin & Kelly, New York City, Terri Ann Knapsack, White, Dombroski, Knapsack & Hillis, New Haven, CT, for Michael Melendez.
Susan K. Smith, Hartford, CT, for amicus curiae Connecticut Network of Victims' Lawyers.
RULING ON DEFENDANTS' MOTIONS
This is an action for damages in which the plaintiffs claim they were sexually abused by the defendant, Thomas J. Doyle. The complaint alleges the following causes of action against him: 1) "reckless assault and battery"; 2) "negligent assault and battery"; 3) negligence; 4) intentional or reckless infliction of emotional distress; and 5) unintentional infliction of emotional distress. The plaintiffs also assert a claim for negligence against the defendants Stephen DeMatteis and Michael Melendez. The remaining three defendants are institutions, namely, the Sacred Heart Church of Vernon, Connecticut ("Sacred Heart"), the Norwich Roman Catholic Diocesan Corporation ("the Norwich Diocese"), and the Marianist Society, Inc. ("Marianist"). The plaintiffs claim that these three institutional defendants are liable for damages under the doctrine of respondeat superior and their own negligence.
Two of these institutions, Sacred Heart and the Norwich Diocese, now move to dismiss or, in the alternative, for summary judgment (document no. 16) on all counts as to them. The third institution, Marianist, moves only to dismiss (document no. 24) all the counts as they pertain to it.
For the reasons stated herein, the court grants the defendants' motions with respect to the claims based upon the doctrine of respondeat superior. With respect to the negligence claims against the defendants, Sacred Heart and Norwich Diocese, the motion is denied without prejudice. With respect to the negligence claims against the defendant, Marianist, the motion is denied.1
Examination of the pleadings, affidavits, exhibits, and other supporting materials accompanying the motions and the responses thereto discloses the following:
The plaintiffs, Matthew Nutt and Mark Nutt, (hereinafter Matthew and Mark) are twin brothers. They are currently 28 years old and live in Maine. The plaintiffs and their family have been members of the Roman Catholic Church, St. Bernard's Parish Church in Rockville, Connecticut, since 1977. In 1977, the plaintiffs, who were then twelve years old, began serving as altar boys at St. Bernard's.
One of the defendants, Thomas J. Doyle, is a Marianist priest. From 1976 through 1978, Doyle served as parish priest at St. Bernard's. From 1977 to 1978, Doyle was the parish priest for the plaintiffs. From September 1978 to September 1979, he also served at St. Joseph's Church in Clinton, Connecticut; from September 1979 to September 1981, he served at St. Mary's Church in Vernon, Connecticut; and from 1981 to 1992, he served at Sacred Heart Church in Vernon, Connecticut. As a priest, Doyle was required to adhere to the laws and standards of the Roman Catholic Church. The laws and standards of the Roman Catholic Church include a priests' personal commitment to celibacy and expressly prohibit all priests from engaging in any sexual activity of any kind.
All of the above-named Roman Catholic parishes and churches where Doyle served are within the jurisdiction of the defendant, Norwich Diocese.
The defendant, Marianist Society, Inc., admitted and ordained Doyle to the Catholic priesthood and assigned him to the Norwich Diocese, St. Bernard's Parish Church, and Sacred Heart Church. The Marianist Society also provided Doyle with a residence at the Marianist Community House and a condominium rented by the Marianist Society.
From 1979 through 1985 the plaintiffs allege that Doyle showed R-rated and X-rated movies to Mark in the Sacred Heart Rectory and the Marianist Community House in Vernon, Connecticut. In November or December 1980, the plaintiffs further allege that during an out-of-town Christmas shopping trip, Mark and Doyle were forced to stop at a motel in Stockbridge, Massachusetts, due to a snow storm. On this occasion, Doyle allegedly dumped ice on one of the double beds in the room, causing Mark to share a bed with Doyle. During this evening, Doyle allegedly placed his hands inside Mark's underwear and fondled Mark's genitals. Then Doyle allegedly removed Mark's underwear, positioned Mark's hands for mutual masturbation, and performed oral sex on Mark. This same manner of sexual activity also allegedly occurred on the following trips and occasions: in August 1982 on a trip from Maine to Nova Scotia and return; in February 1984, June 1986, and August 1988 on three trips to New York City to see Broadway plays; and in the Summer of 1987 at the Marianist Community House in Vernon, Connecticut. In addition, the plaintiffs allege that from 1986 forward, Doyle's sexual activity included digital anal penetration of Mark.
In July 1983, Mark allegedly informed the defendant Stephen DeMatteis and the defendant, Michael Melendez, that Doyle was sexually abusing him. This report allegedly occurred July 18-23, 1983, during a Marianist family retreat held in New Jersey.
The plaintiffs further claim that from 1979 through 1985, Matthew went on trips with Doyle and watched X-rated movies. During this time, they also allegedly watched R-rated movies at the Sacred Heart Rectory.
On one such trip in 1979, Matthew and Doyle visited Doyle's mother's home on Long Island, New York. The plaintiffs claim that Matthew, then age fourteen, woke to find Doyle had pushed his twin bed next to Matthew's and was fondling Matthew's genitals to the point of masturbation. The plaintiffs further claim that between 1979 and 1985, Doyle repeated the sexual act described above on the following occasions: in 1981 while Doyle and Matthew traveled to New York City to see a Broadway play; in February 1982 when they took a trip from Connecticut to New York City, to Cherry Hill, New Jersey, to Baltimore, Maryland, and then to Washington D.C.; and in January 1985, while Matthew and Doyle took a trip to Edgartown, Massachusetts.
In July 1983, during a Marianist family retreat in New Jersey, Matthew allegedly informed Melendez that Doyle had been sexually abusing him. The abuse was allegedly not reported to the legal authorities as required by law.
In mid-September 1992, Matthew and his parents allegedly met with Norwich Diocesan officials and complained about the sexual misconduct of Doyle. Shortly after these complaints, Doyle was relieved of his duties as Pastor of Sacred Heart Church, pending investigation.
On a motion for summary judgment, the burden is on the moving party to establish that there are no genuine issues of material fact in dispute and that it is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986). A dispute regarding a material fact is genuine "`if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.'" Aldrich v. Randolph Cent. Sch. Dist., 963 F.2d 520, 523 (2d Cir.), cert. denied, 506 U.S. 965, 113 S.Ct. 440, 121 L.Ed.2d 359 (1992) (quoting Anderson, 477 U.S. at 248, 106 S.Ct. at 2510). The court resolves "all ambiguities and draws all inferences in favor of the nonmoving party in order to determine how a reasonable jury would decide." Aldrich, 963 F.2d at 523. Thus, "only when reasonable minds could not differ as to the import of the evidence is summary judgment proper." Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.), cert. denied, 502 U.S. 849, 112 S.Ct. 152, 116 L.Ed.2d 117 (1991). See also Suburban Propane v. Proctor Gas, Inc., 953 F.2d 780, 788 (2d Cir.1992).
The plaintiffs claim that the institutional defendants are liable for the acts of Doyle under the doctrine of respondeat superior. The defendants contend, however, that they can not be held liable because Doyle acted outside the scope of his employment when he allegedly abused the plaintiffs.
The doctrine of respondeat superior rests on common law agency principles of vicarious liability. Generally, the doctrine states that the master (employer) is responsible for the acts of his or her servant (employee) because the master controls the servant's actions. Restatement (Second) of Agency § 1, at 7. Central to the issue of liability under the doctrine is whether the employee was acting within the scope of his or her employment. If the employee was acting within the scope of his or her employment, the employer may be liable for the plaintiff's acts. Restatement (Second) of Agency, supra § 219, at 481.
Often, the issue of whether or not an act is within the scope of one's employment is a question of fact for the jury to decide. In some situations, however, the acts of the servant are so clearly without the scope of his authority that the question is one of law. Gutierrez v. Thorne, 13 Conn.App. 493, 499, 537 A.2d 527 (1988)....
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