Judge decides civil court doesn't have jurisdiction to hear Arlington nun's claims against bishop
ARLINGTON (CBSNewsTexas.com) — A judge dismissed all claims Friday from two nuns who sued the Catholic Diocese and Bishop of Fort Worth over an investigation into a report of a broken vow of chastity with a priest.
The order from Judge Don Cosby of the 67th District Court granted a plea from the Diocese, which argued the dispute was inextricably intertwined with church issues and did not belong in a civil court.
In a statement after the ruling, Bishop Michael Olson said he was grateful, and the decision "vindicates our steadfast belief that this is a private church matter."
The matter became public in May after Reverend Mother Teresa Agnes Gerlach and Sister Francis Therese reached outside their Arlington Monastery for help, claiming Olson had invaded their privacy and taken property from the independent organization.
The Diocese later revealed it was investigating a report that Gerlach had committed adultery with a priest. That led to an added claim of defamation.
A recorded conversation between Gerlach and Olson was played at a hearing this week over the nun's objections, in which she said she had phone calls with a priest while he was at a Montana monastery.
Fort Worth attorney Matthew Bobo said he was shocked by the order, which Cosby said in court he would likely not make until sometime next week. Bobo is planning to appeal the decision that the law would not allow the court to consider the nun's case.
"There's not a similar case out there like that," he said Friday, talking about the uniqueness of the situation. "There's not a similar fact pattern like that out there. There's not any kind of similar evidence they presented during the hearing."
In a separate decision Friday, the Arlington Police Department announced it had also closed its inquiry to determine if any criminal acts may have occurred connected to the situation.
Police visited the monastery in early June after a benefactor of the order wrote a letter to the police chief asking him to look into the Bishop's actions. The Diocese responded at the time with a statement saying it had contacted police over concerns of marijuana use at the monastery, and photos of tables covered with what appeared to be marijuana and CBD products and paraphernalia.
Police said after investigators consulted with the Tarrant County District Attorney's office, they determined there was no probable cause for criminal charges against any individuals involved.
Investigation into Gerlach's actions and Olson's response continues as part of the internal canonical process of the church. Findings there have remained mostly confidential, outside of some evidence submitted as part of the civil case.
