Was Liberatore acting within the scope of his employment? Was the Church liable for his criminal acts?

A number of priests wrote to James Timlin, the Bishop of Scranton, warning him that Father Albert Liberatore was engaging in a sexual relationship with one of his male students. Bishop Timlin transferred Liberatore from the school to a parish church.

Fourteen year-old John Doe was a member of Liberatore’s parish. Liberatore befriended Doe, taking him on outings and giving him expensive gifts. Doe routinely slept in Liberatore’s bed. A number of priests told Bishop Timlin that they feared Liberatore was sexually abusing Doe. One witness reported that she had seen Doe put his hand down Liberatore’s pants. Eventually, Doe himself told a priest that he was being sexually abused. The priest instructed Doe to forgive Liberatore and not to tell other people because it would ruin Doe’s life and the lives of others.

Only after Liberatore pleaded guilty to multiple counts of sexual abuse did the Church dismiss him from the priesthood. Doe filed suit against the Church and Bishop Timlin, alleging that they were liable for the torts committed by Liberatore. The defendants filed a motion to dismiss.