Judge dismisses Las Vegas church abuse lawsuit, allows woman to amend claim

U.S. District Judge Jennifer Dorsey dismissed a lawsuit filed by a woman identified as Jane Doe C.H. against The Church of Jesus Christ of Latter-day Saints in Las Vegas. The suit alleged the church allowed a high priest at the East Stake 1st Ward on East Wyoming Avenue to sexually abuse her in the 1990s when she was between 10 and 15 years old.

In an order granting the church's motion to dismiss, Dorsey wrote that the plaintiff's negligence claims were "rife with deficiencies." The judge stated that no court has recognized a general duty for churches to protect members from crimes committed by fellow congregants solely based on membership, and the lawsuit did not allege the abuse occurred during a church-sponsored activity where parents relinquished control of the child.

According to the complaint filed by attorney Margot Cutter, the woman reported the abuse to a bishop in 1999. The suit alleges the bishop told her not to call the police and assured her the Church would "handle" the situation, but instead informed the priest of the disclosure and took no meaningful action to prevent further harm.

While dismissing the negligence claims, Dorsey said she would allow the plaintiff 10 days to amend her lawsuit. The judge indicated the amended claim could rest on the theory that the church voluntarily assumed a duty to protect the woman when the bishop said he would handle the situation.

Sources: Las Vegas Review-Journal