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FORTIN v. ROMAN CATHOLIC BISHOP OF PORTLAND

871 A.2d 1208 (2005)

2005 ME 57

Michael FORTIN v. THE ROMAN CATHOLIC BISHOP OF PORTLAND

Supreme Judicial Court of Maine.

Decided: May 3, 2005.

Attorney(s) appearing for the Case

Sumner H. Lipman, Esq. (orally), Keith R. Varner, Esq., Lipman, Katz & McKee, P.A., Augusta, for plaintiff.

Gerald F. Petruccelli, Esq. (orally), Bradford A. Pattershall, Esq., Petruccelli, Martin & Haddow, LLP, Thomas R. Kelly, Esq., Peter M. Rosenberg, Esq., Robinson, Kriger & McCallum, Portland, for defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, CALKINS, and LEVY, JJ.

LEVY, J.

[¶ 1] In this case we consider to what extent the constitutional guarantees of religious freedom contained in the Free Exercise Clause of the First Amendment to the United States Constitution and Article I, section 3 of the Maine Constitution limit the imposition of negligent supervision liability against a religious organization based on tortious acts committed against a child by a member of its clergy.

[¶ 2] Michael Fortin appeals from...

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