McNeil v. Missouri Annual Conference of the United Methodist Church

412 F. App'x 912

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 11, 2011
• Docket: 10-3291
• Status: Unpublished

Opinion

PER CURIAM.

Maureen McNeil appeals the district court’s 1 dismissal of her disability-discrim ination suit removed from Missouri state court. After careful de novo review, see Strand v. Diversified Collection Serv., Inc., 380 F.3d 316, 317 (8th Cir.2004), this court affirms. The district court correctly concluded that it lacked subject matter jurisdiction because McNeil’s Americans with Disabilities Act (ADA) claim fell within the “ministerial exception” this court recognized in Scharon v. St. Luke’s Episcopal Presbyterian Hosps., 929 F.2d 360, 362 (8th Cir.1991) (“[pjersonnel decisions by church-affiliated institutions affecting clergy are per se religious matters and cannot be reviewed by civil courts”; doing so would implicate the First Amendment’s Free Exercise Clause). See Hollins v. Methodist Healthcare, Inc., 474 F.3d 223, 225 (6th Cir.2007) (applying exception to ADA claim; exception bars employment-discrimination claim when employer is religious institution and employee was ministerial employee); see also Elvig v. Calvin Presbyterian Church, 375 F.3d 951, 961 (9th Cir.2004) (church’s selection of its ministers is unfettered, and its true reasons — whatever they may be — are therefore unassailable).

Accordingly, this court affirms. See 8th Cir. R. 47B.

1 . The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.