Orr v. Fourth Episcopal District African Methodist Episcopal Church

2018 IL App (4th) 170469, 111 N.E.3d 181
CourtAppellate Court of Illinois
DecidedAugust 14, 2018
DocketNO. 4-17-0469
StatusUnpublished
Cited by1 cases

This text of 2018 IL App (4th) 170469 (Orr v. Fourth Episcopal District African Methodist Episcopal Church) 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
Orr v. Fourth Episcopal District African Methodist Episcopal Church, 2018 IL App (4th) 170469, 111 N.E.3d 181 (Ill. Ct. App. 2018).

Opinion

JUSTICE STEIGMANN delivered the judgment of the court, with opinion.

¶ 1 In May 2013, plaintiff, Reverend Charles Orr, filed a four-count complaint against the Fourth Episcopal District African Methodist Episcopal Church (Fourth District AME Church), Bishop John R. Bryant (John), Tamara Henderson-Hightower (Tamara), and Reverend Tyson J. Parks (Tyson). The claims raised in the complaint were (1) defamation, (2) defamation per se , (3) false light, and (4) intentional infliction of emotional distress. Plaintiff's complaint arose over allegations of sexual misconduct and how the church handled those allegations.

¶ 2 In June 2013, Tyson, John, and the Fourth District AME Church (collectively, the defendants) filed an answer. The answer alleged the ecclesiastic abstention doctrine as a defense, specifically asserting that any republication of the allegedly defamatory statements occurred within the internal disciplinary process of the church.

¶ 3 In November 2016, defendants filed a motion for summary judgment, arguing that the ecclesiastic abstention doctrine prohibited the trial court from adjudicating this matter. In March 2017, plaintiff filed a response, arguing that the doctrine was not an automatic bar to the court adjudicating this case. Instead, plaintiff argued that this case could be decided under neutral principles of law.

¶ 4 In April 2017, the trial court granted defendants' motion for summary judgment. The court concluded that (1) the ecclesiastic abstention doctrine applied and (2) insufficient admissible evidence had been offered to establish plaintiff's causes of action.

¶ 5 Plaintiff appeals, arguing that (1) the ecclesiastic abstention doctrine does not apply, (2) the case can be decided under neutral principles of law, and (3) sufficient evidence was presented to establish his causes of action. We conclude that because the ecclesiastic abstention doctrine applies, this case cannot be decided under neutral principles of law. Accordingly, we affirm the trial court's grant of summary judgment.

¶ 6 I. BACKGROUND

¶ 7 We glean the following information from the extensive factual record of this case, which includes depositions and internal church documents.

¶ 8 A. The African Methodist Episcopal Church

¶ 9 Before discussing the allegations of this case, we will discuss the structure of the African Methodist Episcopal Church (AME Church), the applicable rules proscribing sexual misconduct, and the ecclesiastic tribunals established to adjudicate claims of sexual misconduct. We will also mention the various positions that the *184 plaintiff, defendants, and other individuals occupied within this organization.

¶ 10 1. The Structure of the AME Church

¶ 11 The AME Church is an international religious organization with a hierarchical structure. The AME Church is divided into 20 districts. A bishop presides over each district. A district is further divided into conferences. Conferences are further divided into regional districts. A presiding elder manages each regional district and reports to the respective bishop. Individual AME Churches are within regional districts. A pastor manages an individual AME church and reports to the local presiding elder.

¶ 12 John is the bishop for the Fourth District AME Church. The Fourth District AME Church is divided into five conferences. One such conference is the Illinois Conference. The Illinois Conference is divided into the North District and the South District. Tyson is the presiding elder for the North District. Plaintiff was the pastor of the Wayman AME Church, which is located in the North District of the Illinois Conference. The following graph summarizes this information.

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¶ 13 2. The Book of Discipline and Sexual Harassment

¶ 14 The Doctrine and Discipline of the African Methodist Episcopal Church (Book of Discipline) governs the internal discipline of the AME Church. The Book of Discipline is applicable to church doctrine, church membership, the clergy, and methods of worship.

¶ 15 The Book of Discipline prohibits sexual harassment by AME Church ministers, stating that sexual harassment "by representatives of the Church is a betrayal of a sacred trust, and a sinful abuse of *185 power for which consequences are necessary and appropriate." Generally speaking, the Book of Discipline defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or non-verbal conduct of a sexually offensive nature" that occurs in a workplace setting.

¶ 16 The Book of Discipline also establishes a complex system for reporting and adjudicating claims of sexual misconduct against members of the clergy. A victim of sexual harassment may report the allegation to his or her local minister. The person receiving this information must then make a written record of the complaint within 48 hours. The accuser then has seven days to submit a written complaint. The complaint must be in writing, sworn under penalty of perjury, and sent via certified mail to the Judicial Committee. The complaint should contain a description of the facts giving rise to the claim.

¶ 17 The Judicial Committee, which acts like a grand jury, serves as the investigative body of the AME Church. This committee gathers evidence and investigates claims. While performing its role, the Judicial Committee must act confidentially and can discuss the matter only with other individuals responsible for adjudicating the case. Breach of confidentiality "shall be charged and tried pursuant to the relevant provisions" of the Book of Discipline.

¶ 18 The Judicial Committee determines whether there is sufficient evidence to support the allegations of sexual misconduct. If the Judicial Committee finds that the allegations are unfounded, the case is dismissed. If the Judicial Committee finds there is sufficient evidence to support the allegation, the matter is referred to the Trial Committee for a hearing.

¶ 19 The Trial Committee, which acts as the trier of fact, determines whether the allegations in the complaint are "sustained, unsustained, or neither sustained nor unsustained." If the Trial Committee determines that the allegations are sustained, the Book of Discipline provides for a range of punishments ranging from a six-month suspension to permanent termination.

¶ 20 The Book of Discipline also established an appeals system. The Triers of Appeals, which serves as an appellate court, examines the charges, specifications, and the judgment of the "lower" courts. The Triers of Appeals also determines whether defendant's "due process" has been "violated." This court may also consider new evidence if this evidence "will have a bearing on the outcome."

¶ 21 Finally, the Book of Discipline created a Ministerial Efficiency Committee. This committee decides the "efficiency and moral conduct of such ministers as may be referred to it." Under prior versions of the Book of Discipline, the Ministerial Efficiency Committee heard allegations of sexual misconduct. However, under the Book of Discipline that was applicable during this case, the Judicial Committee, Trial Committee, and the Triers of Appeals had exclusive jurisdiction over allegations of sexual misconduct.

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Orr v. Fourth Episcopal District African Methodist Episcopal Church
2018 IL App (4th) 170469 (Appellate Court of Illinois, 2018)

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Bluebook (online)
2018 IL App (4th) 170469, 111 N.E.3d 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orr-v-fourth-episcopal-district-african-methodist-episcopal-church-illappct-2018.