Filed: 7/10/2019 12:26 49D01 -1 907-P _-027728 Marion Superior Court, Civil Division 1 INDIANA COMMERCIAL STATE OF INDIANA IN ) COURT THE MARION SUPERIOR COURT SS: COUNTY OF MARION CAUSE NO: g JOSHUA PAYNE-ELLIOTT, Plaintiff, V. vvvvvvvvvv ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, INC., Defendant. COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Plaintiff, Joshua Payne-Elliott (“Payne-Elliott”), by counsel, files Damages and Demand for Jury Trial against Roman this Complaint for Catholic Archdiocese of Indianapolis, Inc. (“Archdiocese”). I. 1. Payne-Elliott 2. Roman is PARTIES AND VENUE a citizen 0f Indiana and a resident 0f Marion County, Indiana. Catholic Archdiocese 0f Indianapolis, Inc. corporation located at 1400 North Meridian Street, Indianapolis, is a non—profit domestic IN 46202, Indianapolis, Indiana (Marion County). 3. Pursuant t0 Rule 2 of the Commercial Court Rules, this case assignment to the Commercial Court Docket. PM Clerk Marion County, Indiana is eligible for This Court has personal jurisdiction over the Archdiocese, and venue 4. Marion County, because Archdiocese regularly conducts business in is proper in Marion County, and the events giving rise t0 the claims occurred in Marion County.1 Venue 5. is proper pursuant to Rule 2 0f the Commercial Court Rules. FACTUAL ALLEGATIONS II. Payne-Elliott incorporates 6. all other paragraphs in this Complaint as if fully set forth herein. From August 2006 7. t0 June 23, 2019, Payne-Elliott worked at Cathedral High School (“Cathedral”) as a world language and social studies teacher. The Archdiocese exercises significant 8. limited to, its recognition of Cathedral as a Catholic school. 9. The Archbishop 0f the Archdiocese 10. Payne-Elliott is the Most Reverend Charles On May 2019-2020 school is year, was renewed 0n an annual basis. 21, 2019, Cathedral offered Payne-Elliott a teaching contract for the Which Payne-Elliott accepted and signed. On May is A true and accurate copy of attached as Exhibit A. 24, 2019, Cathedral’s President, Robert Bridges, told Payne-Elliott that Cathedral expected t0 receive a 1 Thompson. a teacher at Brebeuf Jesuit Preparatory School. Payne-Elliott’s teaching contract for 2019-2020 school year 13. C. Between August 2006 and June 2019, Cathedral employed Payne-Elliott pursuant to a teacher contract that 12. is a homosexual male and has been in a same-sex marriage with his spouse since 2017. Payne-Elliott’s spouse 11. control over Cathedral, including, but not letter from the Archdiocese stating that, in order for Cathedral to Employment Opportunity Commission (“EEOC”) 0n a and Charge 2019 470—2019—02926), 0f Discrimination (alleging retaliation) 0n July 9, second N0. (Charge 3, 2019 (Charge N0. 470-2019-03444). Payne-Elliott intends to amend his Complaint t0 add discrimination and retaliation claims under Title VII 0f the Civil Rights Act upon his receipt 0f a Notice 0f Right t0 Sue from the Payne-Elliott filed a Charge 0f Discrimination With the Equal June EEOC. retain its recognition as a Catholic school (and purportedly its taX-exempt adopt and enforce morals clause language used in teacher contracts On 14. at status), it needed to Archdiocesan schools. June 20, 2019, Brebeuf Jesuit Preparatory School issued a statement to the Brebeuf Jesuit Community stating, in part: Brebeuf Jesuit was founded in 1962 as an independent Catholic Jesuit school. While we’ve enjoyed a collaborative partnership with the Archdiocese for nearly 57 years, we have always maintained control of our school’s operations and governance, including our personnel decisions. Archdiocese of Indianapolis, will at the direction no longer formally recognize Brebeuf Archdiocese. We our understanding that the of Archbishop Charles Thompson, Jesuit as a Catholic school in the understand that a formal decree announcing the Archdiocese’s decision will be published in The decree It is follows a The sincere Criterion and on or around Friday, June 21. significant disagreement Archdiocese, on the one hand, and Brebeuf Jesuit and the between the USA Midwest Province of the Society of Jesus, on the other, regarding Whether the Archdiocese or our school’s leaders should make final governance decisions related t0 internal administrative matters at Brebeuf Jesuit and, in particular, the employment of our faculty and staff. Specifically, Brebeuf Jesuit has respectfully declined the we dismiss a highly capable and qualified teacher due to the teacher being a spouse Within a civilly—recognized Archdiocese’s insistence and directive that same-sex marriage. https://brebeuf.org/statement-to-the-brebeuf-iesuit-communitv/ (last Visited July 2, 2019). 15. On institution known 46268), by its June 21, 2019, Archbishop Thompson issued a decree as Brebeuf Jesuit Preparatory School (2801 own selection, identified 0r recognized as can n0 longer use the a Catholic institution name W 86th Catholic stating, in part: St, and Indianapolis, will 16. directive On is IN n0 longer be by the Archdiocese of Indianapolis nor included in the listing 0f The Oflicial Catholic Directory.” (emphasis in original). accurate copy of the Decree to Brebeuf Jesuit “The A true and attached as Exhibit B. information and belief, the Archdiocese gave Cathedral High School the same on the same timetable as the Brebeuf Jesuit directive, but Cathedral obtained an extension of the deadline due to Payne-Elliott chaperoning a school sponsored trip which ended on June 21, 2019. 17. On Sunday, June 23, 2019, President Bridges met with Payne-Elliott and informed him that Cathedral was terminating Payne-Elliott’s employment, effective immediately, at the direction of the Archdiocese. 18. President Bridges notified Payne-Elliott that the Archdiocese had “directed” Cathedral to terminate his employment, and that Cathedral was terminating him in accordance with the Archbishop’s directive. He elaborated that Cathedral’s action of terminating PayneElliott “feels like with a gun to our head.” 19. President Bridges asserted no performance-based reason for Payne-Elliott’s termination during the termination meeting, in spite of being asked for any performance-based reason for the decision. 20. President Bridges acknowledged during the termination meeting that Payne- Elliott was “a very good teacher.” 21. President Bridges stated that sole reason for Payne-Elliott’s termination was, “the Archbishop directed that we [Cathedral] can’t have someone with a public same-sex marriage here and remain Catholic.” 22. On June 23, 2019, Cathedral published a public letter to the “Cathedral Family” on its web site (“Cathedral letter”). A true and accurate copy of the Cathedral letter is attached as Exhibit C. 23. The Cathedral letter stated, in part, “Archbishop Thompson made it clear that Cathedral’s continued employment of a teacher in a public, same-sex marriage would result in 4 our forfeiting our Catholic identity due to contradiction t0 Catholic teaching The Cathedral 24. on marriage.” letter further stated, Holy Cross School, Cathedral must follow Thompson and “Wherefore, in order to remain a Catholic the direct guidance given to us by Archbishop separate from the teacher.” III. Count 25. our employment of an individual living in I: LEGAL ALLEGATIONS Intentional Interference With Contractual Relationship Payne-Elliott incorporates all other paragraphs in this Complaint as if fully set forth herein. 26. Payne-Elliott and Cathedral had a valid and existing contract for Payne-Elliott’s employment With Cathedral 2019-2020 school 27. for the remainder of the 2018-2019 school year and also for the year. Based 0n his thirteen years 0f successful employment, positive performance evaluations, and excellent professional reputation, Payne-Elliott had every reason to expect t0 continue to teach at Cathedral for the foreseeable future. 28. Archdiocese knew about Cathedral and Payne-Elliott’s contract. 29. Archdiocese intentionally interfered with Payne-Elliott’s contract with Cathedral by demanding that Cathedral terminate Payne-Elliott’s contract and by threatening to impose negative consequences on Cathedral if it refused t0 terminate Payne-Elliott’s contract. 30. Archdiocese’s interference with Payne-Elliott’s contract with Cathedral was not justified. 31. As a result of Archdiocese’s intentional interference with contractual relationship between Payne-Elliott and Cathedral High School, Payne-Elliott has suffered injuries and damages, including, but not limited to, lost compensation and wages, benefits, out 0f pocket expenses, emotional distress, and Count 32. damage Intentional Interference with II: Payne-Elliott incorporates all lost employer provided t0 his reputation. Emplovment Relationship other paragraphs in this Complaint as if fully set forth herein. 33. Payne-Elliott and Cathedral had a valid and existing 34. Archdiocese knew about Payne-Elliott’s employment relationship with Cathedral. 35. Archdiocese intentionally interfered With Payne-Elliott’s employment relationship employment relationship. with Cathedral by demanding that Cathedral terminate Payne-Elliott’s employment and by threatening negative consequences for Cathedral if Cathedral refused. 36. Archdiocese’s interference with Payne-Elliott’s employment with Cathedral was not justified. 37. relationship injuries As a result of Archdiocese’s intentional interference with employment between Payne-Elliott and Cathedral High School, Payne-Elliott has suffered and damages, including, but not limited to, lost provided benefits, out 0f pocket expenses, emotional compensation and wages, distress, and damage lost employer to his reputation. RELIEF REQUESTED WHEREFORE, 1. Payne-Elliott requests the following relief from the Archdiocese: Compensatory damages, including but not limited to lost earnings, lost benefits, loss 0f future earning capacity, out of pocket expenses, emotional distress, and reputational injury; mental anguish, and pain and suffering; 2. Emotional 3. Liquidated and/or punitive damages; distress, This Court has personal jurisdiction over the Archdiocese, and venue 4. Marion County, because Archdiocese regularly conducts business in is proper in Marion County, and the events giving rise t0 the claims occurred in Marion County.1 Venue 5. is proper pursuant to Rule 2 0f the Commercial Court Rules. FACTUAL ALLEGATIONS II. Payne-Elliott incorporates 6. all other paragraphs in this Complaint as if fully set forth herein. From August 2006 7. t0 June 23, 2019, Payne-Elliott worked at Cathedral High School (“Cathedral”) as a world language and social studies teacher. The Archdiocese exercises significant 8. limited to, its recognition of Cathedral as a Catholic school. 9. The Archbishop 0f the Archdiocese 10. Payne-Elliott is the Most Reverend Charles On May 2019-2020 school is year, was renewed 0n an annual basis. 21, 2019, Cathedral offered Payne-Elliott a teaching contract for the Which Payne-Elliott accepted and signed. On May is A true and accurate copy of attached as Exhibit A. 24, 2019, Cathedral’s President, Robert Bridges, told Payne-Elliott that Cathedral expected t0 receive a 1 Thompson. a teacher at Brebeuf Jesuit Preparatory School. Payne-Elliott’s teaching contract for 2019-2020 school year 13. C. Between August 2006 and June 2019, Cathedral employed Payne-Elliott pursuant to a teacher contract that 12. is a homosexual male and has been in a same-sex marriage with his spouse since 2017. Payne-Elliott’s spouse 11. control over Cathedral, including, but not letter from the Archdiocese stating that, in order for Cathedral to Employment Opportunity Commission (“EEOC”) 0n a and Charge 2019 470—2019—02926), 0f Discrimination (alleging retaliation) 0n July 9, second N0. (Charge 3, 2019 (Charge N0. 470-2019-03444). Payne-Elliott intends to amend his Complaint t0 add discrimination and retaliation claims under Title VII 0f the Civil Rights Act upon his receipt 0f a Notice 0f Right t0 Sue from the Payne-Elliott filed a Charge 0f Discrimination With the Equal June EEOC.