The Church of Jesus Christ of Latter-day Saints is embroiled in a legal battle as it responds to a lawsuit filed against it, involving allegations of negligence and child abuse. The complaint was filed by Gina Avery in the United States District Court for the Western District of Louisiana on November 5, 2024, naming The Church of Jesus Christ of Latter-day Saints as the defendant.
Gina Avery's lawsuit accuses the Church of multiple wrongdoings, including negligence and vicarious liability. The plaintiff alleges that the Church failed to prevent child abuse within its ecclesiastical units in Lake Charles, Louisiana. Avery's complaint highlights that while the Church operates wards and congregations in Louisiana, it is primarily organized under Utah law with its principal place of business in Salt Lake City. In response to these accusations, the Church has denied any wrongdoing and asserted that no special relationship or duty existed between itself and Avery that would warrant such claims. Furthermore, the Church argues that during the relevant times mentioned in Avery's petition, clergy were not mandated reporters for incidents like those alleged.
Avery's lawsuit seeks damages for what she claims are failures on part of the Church to act reasonably to prevent acts of childhood sexual assault. Her case invokes specific statutes such as La. R.S. 2800.9 concerning child abuse. The Church has responded robustly by denying all allegations and asserting numerous affirmative defenses, including prescription (statute of limitations), lack of a special relationship or duty towards Avery, absence of notice regarding any alleged perpetrator’s propensities, and invocation of First Amendment privileges which they argue may protect them from certain liabilities.
The relief sought by Avery includes compensation for damages suffered due to alleged negligence and abuse facilitated by the Church’s operations in Louisiana. She also seeks judicial acknowledgment of her claims' validity under applicable state laws governing such misconducts.
Representing The Church is attorney John Jerry Glas from Deutsch Kerrigan LLP based in New Orleans, along with Casey B. Wendling from the same firm. Presiding over this case is Judge James D Cain Jr., with Magistrate Thomas P LeBlanc assisting proceedings under Case ID 2:24-cv-01516-JDC-TPL.