Appeals court blocks priest’s slander suit

A disgruntled priest’s defamation lawsuit against the Diocese of Palm Beach was blocked Wednesday by an appellate court that said it has no authority to wade into the church’s business.

The case began when the Rev. John Gallagher claimed he was libeled by church leaders — and denied a promotion — because he assisted authorities in bringing down another priest over sexual misconduct allegations.

But the diocese claimed Gallagher simply didn’t deserve to become head pastor at Holy Name of Jesus Catholic Church in West Palm Beach, citing poor job performance. Lawyers for the diocese appealed a circuit judge’s refusal to dismiss the lawsuit.

A panel of three judges from the Third District Court of Appeal agreed with the diocese that the case doesn’t belong in the courts, because it would involve intervening in “church law, policies, and practices” to decide Gallagher’s claims for back pay and other financial damages.

Associate Judge Robert J. Luck explained, “Father Gallagher’s defamation claim, which arises out of an employment dispute between him and the diocese, cannot be resolved without the courts excessively entangling themselves in what is essentially a religious dispute.”

Gallagher’s attorney, Ted Babbitt, told the South Florida Sun Sentinel he will ask for the matter to be reconsidered, based on an argument that the dispute can be examined without the court getting into religious affairs.

“The issue here has to do with slander … his reputation,” Babbitt said, maintaining that his 51-year-old client was punished for not assisting in a cover-up. He also believes there may be grounds for the state Supreme Court to ultimately review the case.

But diocese spokeswoman Dianne Laubert said, “We feel the decision made today speaks for itself.”

The genesis of the litigation was a 2015 law enforcement investigation into the Rev. Jose Palimattom of India, a visiting priest at Holy Name.

Authorities said that after a Mass in January that year, Palimattom asked a 14-year-old boy at the church to help fix the internet browser on the priest’s cellphone.

The boy had told Palm Beach County Sheriff ’s Office detectives that Palimattom opened an application with child pornography, records show.

Gallagher’s lawsuit said that when he learned of the incident, he immediately confronted Palimattom in a “heroic” act.

Records show Gallagher persuaded Palimattom to talk to detectives. Palimattom later pleaded guilty to a charge of showing obscene material to a minor. He was sentenced to six months in jail and deported to India.

In 2016 — after Gallagher was denied the top pastor spot at Holy Name — he went public with his concerns that the diocese tried to discourage him from cooperating with authorities during the Palimattom investigation. Gallagher has said he was told not to tell detectives about a security camera video showing the incident with the teen. He alleged that a diocese representative told him, “the normal way the diocese handled a matter like this was to send the offending priest on an airplane back home.”

The diocese fought back, accusing Gallagher of “blatantly lying” and suggesting he was “in need of professional assistance.”

The leader of the diocese, Bishop Gerald Barbarito, wrote in a letter to local congregations, “Our diocese in no way, as Fr. Gallagher erroneously asserts, tried to ‘cover up’ the inappropriate behavior of a visiting priest.”

The diocese said it fully cooperated with authorities and also publicized criticisms of Gallagher’s leadership at Holy Name. The diocese accused Gallagher of alienating Hispanic congregants and adding a bar and piano to his former living room at the church rectory.

Last year, Gallagher said he hoped the lawsuit would help to clear his name. He also said he hasn’t been able to find work as a priest. “I had no support from the Catholic community since this happened,” he said.