Unconfidential Councelor

[All4One]

I live in a small town in Oregon. During a counceling sessions that my husband had with our former pastor, three years ago, he admitted that he viewed on line pornography and that it was a problem he wanted to excise from his life. He also told him confidential information about other parishoners. In a subsequent sessions, he also told me confidential information about others he was counceling. We opted not to go to him for counceling and to resolve the issue by other means due to the fact that he was so open about others problems. We did not want our problems being talked about.

Recently, we had some difficulty with DHS that we are almost out of. During discovery, we were able to assertain that our former pastor disclosed to DHS that my husband "looked at pornography", "refused counceling" and "would continue to look at pornography". While the first two are true, the third is not.

As a note, it was adult pornography. Not making me very happy, but not a crime. This man broke the confidentiality of our counceling sessions and in the third statement lied. (my husband no longer views pornography).

Can we sue the pastor, the church who employs him, or both?

 

[GaAtty]

Probably you could sue both as a breach of privacy, and sue the church on a respondeat superior theory. However, privacy laws vary from state to state, and so also does the statute of limitations. Since you have waited 3 years, that could be a problem, although it is possible that your statute of limitations only began when you discovered that he talked to DHS. This is so much a matter of state law that you really need to consult an attorney in your state.

 

[BelizeBreeze]

Probably you could sue both as a breach of privacy, and sue the church on a respondeat superior theory. However, privacy laws vary from state to state, and so also does the statute of limitations. Since you have waited 3 years, that could be a problem, although it is possible that your statute of limitations only began when you discovered that he talked to DHS. This is so much a matter of state law that you really need to consult an attorney in your state.

I agree however, would add one question. When did you discover the pastor had divulged this information to DHS? THAT is the operative date from which the SOL would begin.

 

[All4One]

when it happened

The counceling session was three years ago. He just divulged this information in the last two months. It was discovered through the police report regarding an accusation by a minor. We hired an attorney who was able to get these reports through discovery.

My husband has been cleared (the girl was bullying our daughter and has since "apologized" to her for what she did). However, DHS tried to use this as "one more incident of sexual behavior that is inappropriate with children in the house". (He only did it in the wee hours in a room away from our kids).

Will attorneys take this case on a contingency or can I sue in small claims court.

 

[BelizeBreeze]

The counceling session was three years ago. He just divulged this information in the last two months. It was discovered through the police report regarding an accusation by a minor. We hired an attorney who was able to get these reports through discovery.

My husband has been cleared (the girl was bullying our daughter and has since "apologized" to her for what she did). However, DHS tried to use this as "one more incident of sexual behavior that is inappropriate with children in the house". (He only did it in the wee hours in a room away from our kids).

Will attorneys take this case on a contingency or can I sue in small claims court.

then you have grounds for a suit. There will be an attorney who may take such a case but you will have to lay out all of the relevant facts and do the legwork. Contact attorneys in your area (personal injury).