Supreme Court of Florida
MALICKI v. DOE, SC01-179
The First Amendment does not provide a shield to third-party tort claims behind which a church may avoid liability for harm caused to an adult and a child parishioner arising from the alleged sexual assault or battery by one of its clergy.
Appellate Information
- Decided 03/14/2002
- Published 03/14/2002
Judges
- PARIENTE, J.
Court
- Supreme Court of Florida
Counsel
- For Appellant:
- James F. Gilbride and Adam D. Horowitz of Gilbride, Heller & Brown, P.A., Miami, FL; and J. Patrick Fitzgerald, Coral Gables, FL, for Petitioners., Peter A. Miller of Conroy, Simberg & Ganon, Coral Gables, Florida; and Law Offices of Robert S. Glazier, Miami, FL, for Miami Shores Presbyterian Church, Amicus Curiae., Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, FL, for Academy of Florida Trial Lawyers, Amicus Curiae.
- For Appellees:
- May L. Cain and William J. Snihur, Jr. of Cain & Snihur, North Miami Beach, FL, for Respondents.