Doe

INTRODUCTION

In January 2017, John Doe filed a lawsuit against Grace Community

Church (the church) and its employee Joel. D.1 Doe alleged that Joel had touched his penis while he slept during an overnight trip with the church’s youth dance group in July 2009, when Doe was 17. Doe also alleged that Joel repeated this conduct again in July 2010, shortly after Doe turned 18. Doe slept through both incidents. He further alleged that Joel revealed his conduct to church leaders, and the church failed to disclose either incident to Doe or his parents. The complaint stated causes of action against Joel for assault and battery and intentional infliction of emotional distress. It stated causes of action against the church for negligence, negligent hiring, supervision and retention, negligent failure to warn, negligent misrepresentation, and vicarious liability. Neither Doe nor the church deposed Joel. Joel never appeared, and the court entered a default judgment against him. As trial approached, the church filed five motions in limine to exclude any statements Joel allegedly made about his conduct, as well as statements made by others discussing these statements. The church argued Joel’s…