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[85WashLRev0517] Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims against Religious Organizations

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dc.contributor.author Sheridan, Kelly H
dc.contributor.author Washington Law Review
dc.date.accessioned 2010-09-14T17:03:42Z
dc.date.available 2010-09-14T17:03:42Z
dc.date.issued 2010-08
dc.identifier.citation 85 Wash. L. Rev. 517 (2010) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/472
dc.description 30 p. en_US
dc.description.abstract Abstract: The torts of negligent hiring, supervision, and retention place a duty on employers to prevent their employees from using the places, things, or tasks entrusted to them to harm foreseeable victims. The negligent employment torts create an independent duty under which plaintiffs may pursue an action when suits brought under a vicarious liability or breach of fiduciary duty theory would fail. For victims of sexual misconduct by religious leaders, negligent supervision claims against religious organizations are a crucial means of remedying serious and lasting injuries. Washington state law recognizes negligent supervision, and Washington courts have applied it to religious organizations, but these claims typically implicate First Amendment religious freedom concerns. A short series of Washington appellate cases affirming grants of summary judgment to religious organization defendants on First Amendment grounds has made it more difficult for plaintiffs to assert negligent supervision claims against religious entities. This Comment argues that Washington courts have granted religious organizations an impermissibly broad level of First Amendment protection from claims of negligent supervision, and suggests a more deliberate analytical framework for evaluating the constitutionality of such claims. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [85WashLRev0517] Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims against Religious Organizations en_US
dc.type Article en_US
dc.rights.holder Copyright 2010 by Washington Law Review Association. en_US


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