District Court issues two decisions for Southwestern and Patterson in Roe case
TYLER, Texas (BP) — Southwestern Baptist Theological Seminary (SWBTS) remains dismissed from claims of defamation in a case involving the school and its former president, Paige Patterson, with the latter being allowed to file again for summary judgment, said a U.S District Court on Monday.
Judge Sean D. Jordan gave his decision Dec. 1, clarifying a remand from the Fifth Circuit that ordered supplemental briefing from Patterson and SWBTS. Southwestern attorneys argued that the Fifth Circuit vacated only Patterson’s portion of the judgment for dismissal. The District Court agreed, saying, “All claims against SWBTS have been, and remain, dismissed.”
“Jane Roe” is a former SWBTS student who sued the seminary and Patterson, its president at the time, over claims of negligence, gross negligence and defamation after alleging that a fellow student sexually assaulted her.
Following Patterson’s dismissal on May 30, 2018, SWBTS donors sent a letter in his support to the seminary’s executive board. Roe contends that the contents of that document — known as the “Loveless Letter” after the last name of one of those who prepared it — defamed her.
Also at issue was the role of Scott Colter, Patterson’s chief of staff and personal assistant, in helping with the letter. Though the seminary acknowledged Colter’s employment at the time the letter was sent, attorneys argued that he and other employees were acting in opposition to the school’s position. The court agreed with SWBTS.
The claims against Patterson and SWBTS were dismissed, with Roe appealing to the Fifth Circuit. That court asked the Texas Supreme Court to weigh in on two key questions regarding the letter and a press release issued by Patterson’s lawyer. The questions addressed liability and defamatory material supplied from one person to another for publication, and if a plaintiff can survive summary judgment by presenting evidence of defamation that doesn’t include specific statements by the defendant.
Earlier this year, the state Supreme Court answered “yes” to both questions. That returned the case to the Fifth Circuit. The three-judge panel vacated the District Court’s decision and ordered clarification from both parties, which led to Monday’s clarification from Jordan.
The Texas Supreme Court’s clarification in answering the two questions makes a summary judgment “appropriate,” Patterson attorneys said. Jordan agreed and granted the motion to file, also on Monday. He further stated that the court would issue a separate amended scheduling order, with a full briefing schedule for the motion.
Garner case scheduled for Jan. 8
A suit filed by a former worship pastor and school music teacher in East Tennessee against the Southern Baptist Convention (SBC) will go before the state Supreme Court on Jan. 8.
Preston Garner and his wife, Kellie, filed in 2023 against the SBC, Guidepost Solutions and others. The Garners are alleging defamation/libel and slander, defamation by implication, invasion of privacy and loss of consortium due to an inquiry made by the SBC Credentials Committee.
A confidential report to the SBC’s abuse hotline triggered contact by the Credentials Committee to a church where Garner had been employed as a worship pastor. Garner claims the letter began a course of events that led another church to withdraw its offer of employment as well as caused the school to suspend and ultimately fire him.
The SBC argued in court that it was protected by the ecclesiastical abstention doctrine, which keeps courts from interfering in disputes with religious bodies that involve religious faith, doctrine or governance.
Two lower courts rejected the SBC’s argument, leading the SBC to ask the Tennessee Supreme Court to step in.
Proceedings in the case are scheduled to start at 9 a.m.
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