Duncan v. Peterson

947 N.E.2d 305, 408 Ill. App. 3d 911, 349 Ill. Dec. 668, 2010 Ill. App. LEXIS 1414
CourtAppellate Court of Illinois
DecidedDecember 30, 2010
Docket2-09-1078
StatusPublished
Cited by15 cases

This text of 947 N.E.2d 305 (Duncan v. Peterson) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duncan v. Peterson, 947 N.E.2d 305, 408 Ill. App. 3d 911, 349 Ill. Dec. 668, 2010 Ill. App. LEXIS 1414 (Ill. Ct. App. 2010).

Opinion

JUSTICE HUTCHINSON

delivered the opinion of the court:

Defendant, Erwin Lutzer, appeals the trial court’s judgment entered on a jury verdict in favor of plaintiff, Richard Duncan, on plaintiffs complaint alleging claims of false light invasion of privacy and conspiracy. Defendant contends that the trial court erred when it failed to grant his motion for judgment notwithstanding the verdict. In the alternative, defendant contends that the trial court erred when it failed to grant a new trial. We affirm.

This matter was initiated when plaintiff and Hope Church filed a complaint against plaintiffs former church and its senior clergy after the senior pastor at the former church sent a bundle of letters to board members of Hope Church. The bundle of letters contained language accusing plaintiff of having an extramarital affair, filing a divorce petition against his wife, misusing church funds, and abusing alcohol. The bundle of letters also contained language purporting to strip plaintiff of his ordination as a minister and requesting that he no longer function in a ministerial capacity. The trial court initially determined that the ecclesiastical abstention doctrine applied and thus found that it lacked subject matter jurisdiction to hear plaintiffs claims. It granted defendants’ motion for summary judgment. This court reversed, holding that the ecclesiastical abstention doctrine did not apply. See Duncan v. Peterson, 359 Ill. App. 3d 1034 (2005). On remand, the jury found defendant, the senior pastor of the former church, liable and awarded plaintiff $276,306 in damages. Defendant appealed.

The evidence adduced at trial established the following. In 1989, plaintiff was ordained as a minister by the Moody Church. For the next several years, plaintiff worked in that capacity under defendant. In 1992, plaintiff resigned his position with the Moody Church in order to become the senior pastor for the Village Church of Lincoln-shire. Subsequently, with the help of some fellow churchgoers, including Robert Dickman, Alvin Puccinelli, and Albert Nader, plaintiff founded Hope Church. Dickman, Puccinelli, and Nader became board members of Hope Church. In 2000, plaintiffs marriage experienced difficulties, and in March 2000 plaintiff’s wife filed for divorce. Plaintiff sought and received an order of protection against his wife after she gave Puccinelli documents that she claimed were e-mails between plaintiff and another woman. Puccinelli gave the documents to Nader. During the divorce proceedings, Nader testified on behalf of plaintiffs wife, and plaintiffs wife accused plaintiff of abusing alcohol.

In late March 2000, Nader called defendant and informed him that plaintiffs marriage was in trouble. Subsequently, Dickman and Nader met with defendant and the board of elders of the Moody Church to discuss plaintiffs marriage. In April 2000 plaintiff received a letter dated April 23, 2000, and signed by “The Elders of Moody Church,” including defendant. The letter provided in part:

“1. You have had an improper relationship with a divorced single woman, violating the Biblical teaching that an elder be ‘above reproach.’
2. Your decision to file a divorce petition against your wife violates the Biblical admonition that husbands are to love their wives ‘as Christ loved the church[.]’
3. Your misuse of alcohol violates the Biblical admonition that an elder be ‘temperate, self-controlled.’ ***
4. Your misuse of personal funds as well as the deceitful means used to obtain the Hope Church Bank account violates the Biblical admonition that an elder should not be a ‘lover of money.’ ***
***
We want to give you an opportunity to reply to these charges. If you contact any one of us before Thursday, May 4, 2000, we will be glad to set up a meeting with you to which we will invite the former members of your church Board, and if necessary, other witnesses.
***
If you do not reply to us by the May 4 date, we will have no choice but to rescind your ordination to the Christian ministry that we granted you.”

In response to the letter, plaintiff contacted John Welch, a signatory of the letter. Plaintiff denied the allegations and inquired as to why the Moody Church was getting involved in his personal affairs.

On May 5, 2000, plaintiff received a second letter from the Moody Church, requesting that plaintiff appear in person in front of its executive committee. The letter stated in part:

“[Given] the seriousness of this matter, we have chosen this Monday evening, May 8, to make a final decision regarding your credentials for ministry that we conferred upon you. If you are unwilling to appear, with deep regret we will have to rescind your ordination and licensing.”

Plaintiff did not attend the May 8, 2000, meeting of the Moody Church executive committee.

Plaintiff subsequently received a third letter from the Moody Church, dated May 9, 2000, and signed by defendant and another Moody Church elder, Bervin Peterson. The letter stated:

“This letter is to inform you that last night, May 8, 2000, the Executive Committee of the Moody Church, upon the recommendation of the Elders, voted to rescind the licensing and ordination that this body conferred to you in March, 1989.
Effective immediately, in light of our decision to revoke your licensing and ordination, we now request the following:
1. That you no longer function in the role of minister.
2. That you no longer accept the title ‘Reverend’ Duncan, or ‘Pastor’ Duncan, or any other such title that would imply that you have credentials for spiritual leadership and ministry.
3. That you inform the leadership and membership of Hope Church of our action.”

Before plaintiff received his own copy of the May 9, 2000, letter, his children’s guardian ad litem showed him a copy of the letter at a dissolution proceeding. This copy included a cover letter, signed by defendant. The cover letter was addressed to Puccinelli, Dickman, and Nader and noted three enclosures: the April 23, 2000, letter; the May 5, 2000, letter; and the May 9, 2000, letter. The cover letter stated, “We are sending you this information and it is up to you as to what is done with it.”

On May 8, 2001, plaintiff and Hope Church filed their complaint against defendant, Peterson, and the Moody Church, based upon the letters. The trial court granted summary judgment in favor of defendants. Plaintiff and Hope Church appealed, and this court remanded the case after determining that genuine issues of material fact existed to preclude summary judgment on plaintiffs false-light-invasion-of-privacy and conspiracy claims. See Duncan, 359 Ill. App. 3d 1034. This court affirmed the judgment against Hope Church, because no injury was alleged against it.

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Cite This Page — Counsel Stack

Bluebook (online)
947 N.E.2d 305, 408 Ill. App. 3d 911, 349 Ill. Dec. 668, 2010 Ill. App. LEXIS 1414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-peterson-illappct-2010.