Mallette v. CHURCH OF GOD INTERN.

789 So. 2d 120, 2001 WL 714802
CourtCourt of Appeals of Mississippi
DecidedJune 26, 2001
Docket2000-CA-00142-COA
StatusPublished
Cited by9 cases

This text of 789 So. 2d 120 (Mallette v. CHURCH OF GOD INTERN.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mallette v. CHURCH OF GOD INTERN., 789 So. 2d 120, 2001 WL 714802 (Mich. Ct. App. 2001).

Opinion

789 So.2d 120 (2001)

Milburn MALLETTE, Appellant,
v.
CHURCH OF GOD INTERNATIONAL, Dr. James D. Jenkins, Rev. Carl E. Allen, Rev. Garner E. (Bill) Allen, Rev. Pettis E. Brewer, Rev. James E. Gholson, Rev. Lenzy Evans, Rev. Bevon Joe Smith, Dr. Ray H. Hughes, Rev. David Lee Meadows, Rev. Troy Alvin Baggett, Rev. William L. Owens, Rev. Edward D. Bean and Rev. A. Lavelle Kelly, Appellees.

No. 2000-CA-00142-COA.

Court of Appeals of Mississippi.

June 26, 2001.

*121 William Michael Kulick, Biloxi, Attorney for Appellant.

Mark A. Nelson, David M. Ott, Sandra S. Mohler, Katherine L. Howie, Hattiesburg, Attorneys for Appellee.

Before McMILLIN, C.J., IRVING, and CHANDLER, JJ.

CHANDLER, J., for the Court:

¶ 1. Reverend Milburn Mallette sued the Church of God International and others for various grievances, including defamation, after his ministerial licence was revoked. The Harrison County Circuit Court, holding that the ecclesiastical abstention doctrine barred a civil suit, granted summary judgment to the Church of God defendants. On appeal to this Court, we reversed and remanded and instructed the trial court to determine whether Mallette's defamation claim was beyond the protection of the ecclesiastical abstention doctrine. Mallette v. Church of God Intl., *122 NO. 96-CA-00161-COA, 704 So.2d 472 (Miss.Ct.App. December 16, 1997) (table). On remand, the trial court again granted summary judgment to the Church of God defendants. Mallette frames the sole issue for our review as follows:

THE TRIAL COURT ERRED IN ITS DECISION TO DISMISS MALLETTE'S COMPLAINT AND GRANT SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS AFTER A MANDATE FROM THE FIRST APPEAL IN THIS CAUSE REQUIRED THAT MALLETTE BE ALLOWED TO DISCOVER INFORMATION RELEVANT TO ALLEGED INTENTIONAL TORTS.

Finding no error, we affirm.

FACTS

¶ 2. Milburn Mallette was pastor of the Church of God in Long Beach, Mississippi. A parishioner of the Long Beach Church of God sent a letter to the Church of God's State Overseer in which she confessed to having an extramarital sexual relationship with Mallette. The Overseer appointed an investigatory committee to explore the parishioner's allegations. Finding merit to the parishioner's charges, the investigatory committee recommended that Mallette be tried for "unbecoming conduct with the opposite sex." The Overseer appointed a three-member trial board to hear the charges.

¶ 3. The trial board set the trial for 2:00 p.m. on August 3, 1993, at the Biloxi Lighthouse Church of God. An orientation meeting was set for 10:00 a.m. the same day. The pastor of the Biloxi Lighthouse Church of God, Reverend Steve Weston, informed his congregation and his staff that the church would be closed on August 3 for "official processes not involving his church." Reverend Weston stated in his affidavit that he did not tell anyone the nature of the "official processes," and that the only people present in his church on August 3 were either involved in the trial or present at Mallette's request. The events which occurred at the Biloxi Lighthouse Church of God on that day, including the 10:00 a.m. orientation meeting, were solely related to Mallette's trial according to Reverend Weston.

¶ 4. During the orientation meeting, the letter which began the inquiry into Mallette's conduct was read to all present in the Biloxi Lighthouse Church of God. In addition to her confession of the affair, the parishioner quoted her friend, in whom she had confided, as having said: "He [Mallette] raped you." Mallette was found guilty of unbecoming conduct with a member of the opposite sex and his ministerial license was revoked. Mallette appealed to an appeal board. The appeal board reviewed and affirmed the trial board's decision.

¶ 5. Approximately one year after the trial board found him guilty, Mallette brought a lawsuit in civil court against the Church of God International, several individuals affiliated with the Church of God, the parishioner with whom he had the affair, her husband, and the woman quoted in the letter who made the rape comment. Mallette alleged that these collective defendants had defamed him. Specifically, Mallette alleged that the reading of the letter during the orientation meeting defamed him. He also claimed the Church of God defendants defamed him in other ways which were not connected to the reading of the letter.

¶ 6. The Harrison County Circuit Court granted summary judgment to the Church of God defendants, finding that the doctrine of ecclesiastical abstention forbade an exercise of jurisdiction from a secular court. On appeal to this Court, Mallette argued that the ecclesiastical abstention *123 doctrine would not shield the Church of God defendants from liability for their intentional torts. We reversed and remanded, finding that the record was not clear whether the Church of God defendants published defamatory statements outside the protection of the ecclesiastical abstention doctrine. We commented that on the record before us, only the letter read to the congregation raised a question. Mallette believed that if he were allowed to conduct discovery, he would be able to prove that the Church of God defendants defamed him and that their actions had no ecclesiastical justification.

¶ 7. After we remanded the case, Mallette moved to compel answers to the same interrogatories that he had propounded before the trial court first granted summary judgment. The Church of God defendants answered some of the interrogatories, objected to others, and again moved for summary judgment. Mallette submitted several affidavits in response to the summary judgment motion. In addition to affidavits of people who were present during the reading of the letter, most of whom were members of Mallette's family, Mallette offered his own affidavit in which he claimed: the reading of the letter was without church authority; he was falsely accused of obtaining a beer license for his convenience store; clients of his accounting business were told that he turned his clients in to the Internal Revenue Service in exchange for reward money; and a high ranking bank officer was told that Mallette was not creditworthy.

¶ 8. The trial judge ruled that the letter was read within the protection of the ecclesiastical abstention doctrine and again granted summary judgment to the Church of God defendants. The trial judge further commented that none of Mallette's discovery requests were reasonably designed to obtain evidence that the Church of God defendants published any defamatory material against Mallette.

LAW AND ANALYSIS

A. The letter

¶ 9. The Church of God disciplines errant ministers in obedience to the following instructions from Jesus to His apostles:

[I]f thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained a brother. But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican.

Matthew 18:15-17 (King James).

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