Professional Documents
Culture Documents
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REVEREND ALICIA BYRD
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WILLIAM P. DEVEAUX, SR., et al.
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MEMORANDUM OPINION
27, 2017. Bishop DeVeaux and the General Conference, with the
No. 1). The complaint alleges two counts: (1) false light invasion
38). The issues have been fully briefed, and the court now rules,
I. Background1
1
Unless otherwise noted, the facts outlined here are
undisputed and construed in the light most favorable to Plaintiff.
Additional facts are discussed in the analysis section below.
2
“Hierarchical churches are organized as a body with other
churches having similar faith and doctrine with a common ruling
convocation or ecclesiastical head.” (ECF No. 35, at 32)(quoting
77 C.J.S. Religious Societies § 8 (2019)).
2
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initiative to “seek ways that the church could expand their church
its creation. (Id. ¶¶ 8; 12). Planning for the child care and
(Id. ¶ 15). The corporation secured the revenue bond with the
costs for the child care and community center. (ECF No. 35-1 ¶
18). The child care and community center opened on October 21,
4
Plaintiff states that the missed payments occurred “as a
result of the downturn in the U.S. economy combined with the loss
of funds because of fraud by two venders of the . . . corporation.”
(ECF No. 35-1 ¶ 21).
4
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comply with the loan repayment terms, the child care and community
center was put into foreclosure in late 2014 and the church
in the Circuit Court for Howard County; (3) keeping the “official
43).
5
The Corporation’s payment status during the period of July
2012 to late 2014 is unclear. Plaintiff provides that the
“Corporation made eight monthly payments of $4,200 and then
continued to make monthly payments of $6,000 to Acquired Capital
until late 2014,” but fails to clarify the exact timing of the
purported payments. (ECF No. 35-1 ¶ 28).
5
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Bank loan and replaced it “with a $550,000 loan from the Washington
(ECF No. 35-1 ¶¶ 30-31). The new loan was twice transferred in
2013: (1) to Old Line Bank in May 2013 due to Old Line Bank’s
¶ 33).
St. Stephen’s AME Church.”6 (ECF No. 33-3 ¶ 15). After referring
6
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No. 35-2, at 2). Following the second meeting, the MEC issued a
7
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Reverend Anna Mosby (“Reverend Mosby”) read the report aloud before
9
The number of people in attendance is disputed. Plaintiff
asserts that the report was read to “over one thousand AME church
members, clergy, officers, and lay persons” (ECF No. 35-1 ¶ 54),
MEC member Reverend William Lamar stated that 600-700 people
attended (ECF No. 33-12, at 12), and Reverend Mosby estimated that
the audience consisted of “a couple of hundred” people (ECF No.
33-5, at 15). Plaintiff also asserts that the first report was
“published to the Bishop’s Council of the AME Church which includes
Presiding Elders, ministers, pastors and lay person of the AME
church worldwide.” (ECF No. 2, at 20).
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9
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A. Standards of Review
Defendants first argue that the First Amendment
decided first, because they concern the court’s very power to hear
the case.” Owens-Illinois, Inc. v. Meade, 186 F.3d 435, 442 n.4
(4th Cir. 1999). The party bringing suit in federal court bears
exists. See Evans v. B.F. Perkins Co., 166 F.3d 642, 647 (4th Cir.
Potomac R.R. Co. v. U.S., 945 F.2d 765, 768 (4th Cir. 1991); see
also Evans, 166 F.3d at 647. Such a motion should only be granted
“if the material jurisdictional facts are not in dispute and the
10
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322 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250
(1986); Emmett v. Johnson, 532 F.3d 291, 297 (4th Cir. 2008). To
facts and the reasonable inferences drawn therefrom “in the light
Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (quoting
United States v. Diebold, Inc., 369 U.S. 654, 655 (1962)); see
also EEOC v. Navy Fed. Credit Union, 424 F.3d 397, 405 (4th Cir.
that party will bear the burden of proof at trial[,]” there can be
11
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at 1).
doctrine (“the doctrine”), the court may not “rule upon matters
for the Fourth Circuit reasoned in Dixon v. Edwards, 290 F.3d 699,
12
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(U.S.A.), 126 F.3d 328, 330 (4th Cir. 1997). The Fourth Circuit
(emphasis added).
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civil courts. Jones v. Wolf, 443 U.S. 595, 602–03 (1979); American
Church at Black Rock, Inc. et al., 335 Md. 564, 574 (1994) (“Each
of law).
14
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Id. at 618-619. The court held that the Circuit Court for
concluded that the case fell “squarely within the protective ambit
the Free Exercise clause precluded the Circuit Court for Baltimore
15
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Id. at 45. The Court of Special Appeals held that, because the
appellant was not suitable for ordination, the court was precluded
16
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have placed the plaintiff in a false light before the public; (2)
Med. Ctr., 106 Md.App. 470, 513–14 (1995). To satisfy the first
While the circumstances surrounding the March 30, 2015 letter are
17
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Plaintiff’s claim for false light falls outside the court’s subject
and the March 30, 2015 letter in support of her single count of
pay the church property mortgage for eight years only requires
18
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are invalid and unfair, such speech is protected through the ambit
of Ohio, 591 F. Supp. 676, 677 (S.D. Ohio 1983), an outdated case
19
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component altogether:
analyze the process for disciplining pastors within the AME Church.
20
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Hull Mem’l Presbyterian Church, 393 U.S. 440, 449 (1969) (emphasis
and thus a different analysis, under the doctrine than the property
2. Ministerial Exception
exception.
Lutheran Church & Sch. v. E.E.O.C., 565 U.S. 171, 188 (2012). The
at 188-189:
21
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plaintiff makes entitle him to relief,’ not whether the court has
22
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Washington, Inc., 363 F.3d 299, 305 (4th Cir. 2004) (“We have
to Defendants.
C. Alternate Liability
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suggest, the claim is unsuccessful because the court does not have
Stewart v. Bierman, 859 F.Supp.2d 754, 768 (D.Md. 2012), aff’d sub
24
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well before she moved to amend. (ECF No. 34, at 3). Defendants
“a party may amend its pleading only with the opposing party’s
Rule 15(a)(2) provides that courts should “freely give leave [to
Loan Inv., LLC, 634 F.3d 754, 769 (4th Cir. 2011). Denial of leave
prejudicial to the opposing party, there has been bad faith on the
Edwards v. City of Goldsboro, 178 F.3d 231, 242 (4th Cir. 1999)
F.2d 503, 509 (4th Cir. 1986)). Leave to amend may be denied as
25
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standards. Katyle v. Perm Nat. Gaming, Inc., 637 F.3d 462, 471
Brown & Root, Inc., 525 F.3d 370, 376 (4th Cir. 2008)).
V. Conclusion
/s/
DEBORAH K. CHASANOW
United States District Judge