Peter Steven Leriget v. the Roman Catholic Diocese of Boise, and St. Mary's Catholic Church

Summary

The Idaho Supreme Court affirmed summary judgment for the Roman Catholic Diocese of Boise and St. Mary's Catholic Church on a constructive fraud claim arising from the alleged 1968 sexual assault of nine-year-old Peter Leriget by Father Patrick O'Sullivan. The court held that no genuine issue of material fact supported the required relationship of trust and confidence, because Leriget's involvement as a parishioner and student was indistinguishable from that of the general membership and the abuse occurred during parent-arranged babysitting outside any church-sponsored activity. It further held that no genuine issue of material fact supported a false representation by omission, because the undisputed record showed the Diocese had no knowledge of any pedophilic priests when the abuse occurred. The Court declined to reach the district court's First Amendment ruling or the laches defense, resolving the appeal on non-constitutional grounds.