McRaney v. N. Am. Mission Bd. of the S. Baptist Convention, Inc.
McRaney v. N. Am. Mission Bd. of the S. Baptist Convention, Inc.
Opinion of the Court
Before the Court is the Defendant North American Mission Board of the Southern Baptist Convention's ("NAMB") motion to dismiss [Doc. No. 8] the Plaintiff's claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The matter is now ripe for review. Upon due consideration, the Court finds that the motion should be granted in part and denied in part.
Background
The Plaintiff Will McRaney ("McRaney") is the former Executive Director of the nonparty General Mission Board of the Baptist Convention for Maryland/Delaware ("BCMD"). Pl.'s Comp. [Doc. No. 2] at 2. The BCMD is a self-governing group of 560 separate, autonomous churches. Id. It is one of 42 separate state conventions that work in cooperation with the non-party Southern Baptist Convention ("SBC"). Id.
The Defendant NAMB is a constituent board of the SBC. Id. at 2. While McRaney was never employed by the NAMB, he was employed by the BCMD, which partnered together with the NAMB under a "Strategic Partnership Agreement." Id. at 3. Aside from the obligations of this agreement, the BCMD are NAMB are separate and autonomous from each other. The BCMD is self-governing with its own boards and member churches, and the NAMB operates pursuant to its own Board of Trustees selected at annual meetings of the SBC. Id.
Under their partnership agreement, the BCMD and NAMB had eight jointly funded staff positions that were overseen by McRaney. Id. In 2014, the NAMB developed *518a revised partnership agreement that eliminated the jointly-funded staff positions and gave the NAMB greater control over other staff positions of the BCMD. Id. The NAMB was unsuccessful in persuading McRaney to accept the new partnership agreement on behalf of the BCMD. NAMB President Dr. Kevin Ezell and Vice President Jeff Christopherson thereafter gave notice to the BCMD that the NAMB intended to cancel the partnership agreement between the NAMB and the BCMD. Id. at 4.
In June 2015, following meetings between Dr. Ezell and other board members of the BCMD, McRaney was terminated from his position as Executive Director of the BCMD. Id. According to McRaney, this was because Ezell threated to withhold all NAMB funds from the BCMD unless the BCMD terminated McRaney and agreed to enter into the new partnership agreement. Id. at 5.
McRaney alleges that, after his termination from employment with the BCMD, NAMB leadership continued to interfere with business and contractual relationships that McRaney had with third parties. For instance, McRaney avers that, in October 2016, he was scheduled to speak at a mission symposium in Louisville, Mississippi, until NAMB employees allegedly spoke to organizers of the event and had him uninvited. Id. Additionally, in November 2016, McRaney alleges that he was scheduled to speak at the Florida Baptist Convention Pastor's Conference. In early November, the Pastor's Conference President informed McRaney that Dr. Ezell had attempted, unsuccessfully, to get McRaney's appearance canceled. Id. Finally, McRaney alleges that his photo was posted at the NAMB headquarters welcome desk with a caption that stated he was not to be trusted. Id.
McRaney then filed this action in the Circuit Court of Winston County, Mississippi, alleging three claims of intentional interference with business relationships, one claim of defamation, and one claim of intentional infliction of emotional distress. The NAMB then removed the case to this Court based on federal diversity jurisdiction, and after filing its answer, filed the present motion seeking to dismiss McRaney's claims.
Standard for Dismissal under Rule 12(b)(6)
Motions to dismiss pursuant to Rule 12(b)(6)"are viewed with disfavor and are rarely granted." Kocurek v. Cuna Mut. Ins. Soc'y ,
"[A plaintiff's] complaint therefore 'must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." ' " Phillips v. City of Dallas,
*519(per curiam) (quoting City of Clinton, Ark. v. Pilgrim's Pride Corp. ,
Analysis
1. The Ministerial Exception and Ecclesiastical Abstention Doctrine
a. The Ministerial Exception
The NAMB first argues that the "ministerial exception" bars McRaney's claims. The "ministerial exception" is a First Amendment doctrine that precludes court interference into "the employment relationship between a religious institution and its 'ministers'." Hosanna-Tabor Evangelical Lutheran Church & Sch. v. E.E.O.C. ,
"Ministerial" in this context "does not depend upon ordination but upon the function of the position"
Turning to the case sub judice , NAMB argues that because McRaney was the Executive Director of the BCMD, his duties included "ministry direction," and that because McRaney was thus the employee tasked with directing the ministry efforts of the BCMD, he qualifies as a "minister" to whom the exception applies. The Court agrees, and finds that McRaney is indeed the type of ministerial employee to whom the exception potentially applies.
That does not end the Court's analysis, however, because before the exception can be applied the Court must also determine whether McRaney's pending claims are the type to which this exception applies. The Court holds they are not, and thus his claims are not subject to dismissal under this exception. Specifically, every case the Court has reviewed in which the ministerial exception was applied involved a plaintiff who had been previously employed by the defendant religious organization itself (and not just employed by a *520related or affiliated organization). For instance, in Hosanna-Tabor , the dispute was one between a religious school and a former teacher at that school itself.
Accordingly, in the case sub judice , because McRaney was indisputably not employed by NAMB, this is not a claim between employer and employee, is not a claim that arises out of employment decisions made by the sole Defendant NAMB, and thus the ministerial exception does not apply to mandate dismissal of any of McRaney's claims.
b. The Ecclesiastical Abstention Doctrine
Next, the NAMB argues that the doctrine of "ecclesiastical abstention" prevents the Court from resolving McRaney's claims and mandates their dismissal. First, the Court notes that while the parties equate the ecclesiastical abstention doctrine with the ministerial exception, they are in fact separate, albeit related, principles. See, e.g. Gregorio v. Hoover ,
The ecclesiastical abstention doctrine is built out of numerous Supreme Court cases affirming that churches have the "power to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine." Kedroff v. St. Nicholas Cathedral of Russian Orthodox Church in N. Am. ,
consistently agreed that civil courts should not review the internal policies, internal procedures, or internal decisions of the church, and this includes review of whether a church followed its own internal policies or procedures. See, e.g., Kral v. Sisters of the Third Order Regular of St. Francis ,746 F.2d 450 (8th Cir. 1984) ("A claim of violation of the law of a hierarchical church, once rejected by the church's judicial authorities, is not subject to revision in the secular courts."); Nunn v. Black ,506 F.Supp. 444 , 448 (W.D. Va. 1981) (stating *521"the fact that local church may have departed arbitrarily from its established expulsion procedure in removing [dissident church members] was of no constitutional consequence"), aff'd661 F.2d 925 (4th Cir. 1981) ; Simpson v. Wells Lamont Corp. ,494 F.2d 490 (5th Cir. 1974) ; Burgess v. Rock Creek Baptist Church ,734 F.Supp. 30 (D.D.C. 1990).
Ginyard v. Church of God in Christ Kentucky First Jurisdiction, Inc. ,
As for the ecclesiastical abstention doctrine's potential application to McRaney's interference claims, the Court cannot rule at this juncture that resolving these claims will necessarily require the Court to decide "matters of religious doctrine." While this is a dispute between members of the same religious denomination, it is not one which, on the face of the complaint, involves a review of "internal policies, internal procedures, or internal decisions of the church."
As for McRaney's claim for defamation and the ecclesiastical abstention doctrine, McRaney contends that the NAMB defamed him when its president, Dr. Ezell, told various leaders of the BCMD that McRaney refused to discuss the updated partnership agreement. Pl. Comp. at 4, 6. McRaney claims that he attempted to do so, and that it was NAMB leadership that refused to meet with him. Id. at 4. McRaney claims this disparaged him in the eyes of BCMD leadership and contributed to his termination. Id.
To prove defamation under Mississippi law, a plaintiff must show:
(a) a false statement that has the capacity to injure the plaintiff's reputation; (b) an unprivileged publication, i.e., communication to a third party; (c) negligence or greater fault on part of publisher; and (d) either actionability of statement irrespective of special harm or existence of special harm caused by publication.
Mayweather v. Isle of Capri Casino, Inc. ,
The NAMB argues that adjudicating McRaney's defamation claim would require the Court to decide matters of internal church governance and that the ecclesiastical abstention doctrine thus bars the claims. The NAMB cites two cases to support its proposition.
The first is Klagsbrun v. Va'ad Harabonim of Greater Monsey ,
In the second case, Horne v. Andrews ,
In the case sub judice , to determine whether the subject statements were defamatory this Court must determine, among other things: (1) whether McRaney refused to meet with NAMB officials to discuss the new partnership agreement; and, if not, (2) whether McRaney was harmed by the false statements. While the first inquiry is clearly a pure factual matter, the NAMB contends that resolving the second inquiry would entangle the Court in matters of the BCMD's and NAMB's internal governance and thus the claim should be dismissed.
The Court disagrees. First, unlike the court in Klagsbrun , this Court would not need to decide matters of pure religious doctrine such as what constitutes a valid religious divorce or a rabbinical court order. Second, while this case is much more similar to Horne , the nature of the alleged harm would not require this Court to decide any parameters or issues of proper church governance. In Horne , the plaintiff pastor alleged that the defamatory statements subjected him to "humiliation, ridicule, contempt, and emotional distress and caused his ministry as pastor to suffer suspicion."
In the case sub judice , however, McRaney has pled specific harm-that the alleged defamatory statements contributed to his termination. See Speed ,
2. Whether McRaney Has Adequately Pled His Claims under Rule 12(b)(6)
As noted above, under Rule 12(b)(6) a complaint "must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal ,
a. McRaney's Claims of Intentional Interference with Contractual Relationships
In his Complaint, McRaney asserts that there are three separate incidents where the NAMB intentionally interfered with business relationships he held with other parties. First, he alleges that the NAMB intentionally interfered with his contractual employment relationship with the BCMD by threatening to withhold funds from the BCMD unless they fired McRaney. Pl. Comp. at 6. Second and third, he alleges that the NAMB tortiously sought to have him removed from two unaffiliated speaking engagements in Mississippi and Florida. Id. at 6-7.
Under Mississippi law, the elements of intentional interference with a contractual relationship are: "(1) that the acts were intentional and willful; (2) that they were calculated to cause damage to the plaintiff in his/her lawful business; (3) that they were done with the unlawful purpose of causing damage and loss, without right or justifiable cause on the part of the defendant (which acts constitute malice); (4) that actual damage or loss resulted," and "(5) the defendant's acts were the proximate cause of the loss or damage suffered by the plaintiff." Scruggs, Millette, Bozeman & Dent, P.A. v. Merkel & Cocke, P.A. ,
Because an essential element is that the plaintiff suffer some damage or loss, the Court holds that McRaney's claim that the NAMB intentionally interfered with his scheduled appearance at the Florida Pastor's Conference fails.
In regard to McRaney's other two claims for intentional inference, the Court finds that he has met his initial pleading burden and that dismissal of those claims at this juncture is thus inappropriate.
b. McRaney's Claim for Intentional Infliction of Emotional Distress
Finally, McRaney alleges that the NAMB intentionally inflicted him with emotional distress by placing a photograph of him in the NAMB's headquarters with a caption that said "he was not to be trusted and [is] public enemy # 1 of NAMB." Pl. Comp. at 7.
To prevail on a claim for intentional infliction of emotional distress under Mississippi law, the plaintiff must show:
(1) the defendant acted willfully or wantonly toward the plaintiff by committing certain described actions; (2) the defendant's acts are ones that evoke outrage or revulsion in civilized society; (3) the acts were directed at, or intended to cause harm to, the plaintiff; (4) the plaintiff suffered severe emotional distress as a direct result of the acts of the defendant; and (5) such resulting emotional distress was foreseeable from the intentional acts of the defendant.
Rainer v. Wal-Mart Assocs. Inc. ,
In order to state such a claim, the defendant's alleged conduct must be "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." Bowden v. Young ,
The Court finds that McRaney has facially met his pleading burden at this stage. He has alleged that NAMB employees acted intentionally when they placed the photograph of him at NAMB headquarters, that the NAMB did so to cause him emotional distress by impugning his reputation and character, and that he suffered emotional distress as a result. Given the circumstances of the photograph and the location where it was allegedly posted, the Court find that McRaney has, at a minimum, facially stated a plausible claim for relief for intentional infliction of emotional *525distress related to this incident, and this claim shall therefore proceed.
Conclusion
For the reasons stated above, the Court holds that McRaney has failed to adequately plead Count IV of his complaint, for intentional interference with business relations, in relation to a speaking engagement in Florida. That claim shall be dismissed pursuant to Rule 12(b)(6).
As for McRaney's remaining claims, the ministerial exception "precludes application of [employment] legislation to claims concerning the employment relationship between a religious institution and its ministers. Hosanna-Tabor ,
An order in accordance with this opinion shall issue this day.
Though not discussed by the parties, it is not clear to the Court whether Florida or Mississippi law should apply to McRaney's Florida-based claim. In any event, because it is also a requirement under Florida law that the plaintiff suffer damages, dismissal of this claim is warranted under both Mississippi and Florida law. Farah v. Canada ,
The laws of Mississippi, Delaware, and Maryland are similar such that McRaney has met his pleading burden under all three, regardless of which ultimately applies to each claim. See, e.g., Malpiede v. Townson ,
Reference
- Full Case Name
- Will MCRANEY v. The NORTH AMERICAN MISSION BOARD OF the SOUTHERN BAPTIST CONVENTION, INC.
- Cited By
- 3 cases
- Status
- Published