Summary
The Vermont Supreme Court answers a certified question from the Second Circuit concerning whether a church may be held vicariously liable under Restatement (Second) of Agency § 219(2)(d) for sexual abuse committed by its pastor. The court holds that the exception does not apply to the facts involving a pastor because the policy considerations supporting liability for police misconduct in Doe v. Forrest are absent. The court distinguishes vicarious liability from potential direct-liability claims based on negligent hiring or supervision.
Questions Presented
- Whether, under Vermont law and Restatement (Second) of Agency § 219(2)(d), a church may be held vicariously liable for tortious acts committed by its pastor outside the scope of employment when the pastor was allegedly aided in accomplishing the tort by the existence of the agency relationship.
- Whether the Vermont Supreme Court's decision in Doe v. Forrest extends § 219(2)(d) beyond the context of police misconduct to a pastor's sexual abuse of a child.
Holdings
- Under Vermont law, Restatement (Second) of Agency § 219(2)(d) does not impose vicarious liability on a church for a pastor's criminal and tortious sexual conduct on the facts presented.
Key quotations
“Under the Restatement, a master is not subject to liability for the torts of a servant acting outside the scope of employment unless “the servant purported to act or to speak on behalf of the principal and there was reliance upon apparent authority, or he was aided” (177)
Factual background
Joseph Rinaldi served as pastor of Newbury Bible Church and lived with his family in a church-owned parsonage. John Doe attended the church's affiliated Christian school and had personal contact with Rinaldi through church and school activities, transportation, and babysitting. Rinaldi fondled Doe on at least four occasions at the church, in his car, and at the parsonage; he later pleaded guilty to three counts of lewd and lascivious conduct with a minor.
Procedural history
Doe sued Rinaldi, Newbury Bible Church, and Newbury Christian School in the United States District Court for the District of Vermont, asserting direct and vicarious liability theories arising from Rinaldi's sexual misconduct. The district court granted the church and school summary judgment on all claims. On appeal, the Second Circuit found no merit in the direct-liability claims and certified to the Vermont Supreme Court the question whether § 219(2)(d) could impose vicarious liability on the church for the pastor's conduct.
Remand instructions
The certified question was answered in the negative; the Second Circuit was left to resolve the appeal consistently with that answer.