49D01-1907-PL-027728 Filed: 7/10/2019 12:26 PM
Clerk
Marion Superior Court, Civil Division 1 Marion County, Indiana
INDIANA COMMERCIAL COURT
STATE OF INDIANA ) IN THE MARION SUPERIOR COURT
) SS:
COUNTY OF MARION ) CAUSE NO:
JOSHUA PAYNE-ELLIOTT, )
)
Plaintiff, )
)
v. )
)
ROMAN CATHOLIC ARCHDIOCESE )
OF INDIANAPOLIS, INC., )
)
Defendant. )
COMPLAINT FOR DAMAGES
AND DEMAND FOR JURY TRIAL
Plaintiff, Joshua Payne-Elliott (“Payne-Elliott”), by counsel, files this Complaint for
Damages and Demand for Jury Trial against Roman Catholic Archdiocese of Indianapolis, Inc.
(“Archdiocese”).
I. PARTIES AND VENUE
1. Payne-Elliott is a citizen of Indiana and a resident of Marion County, Indiana.
2. Roman Catholic Archdiocese of Indianapolis, Inc. is a non-profit domestic
corporation located at 1400 North Meridian Street, Indianapolis, IN 46202, Indianapolis, Indiana
(Marion County).
3. Pursuant to Rule 2 of the Commercial Court Rules, this case is eligible for
assignment to the Commercial Court Docket.
4. This Court has personal jurisdiction over the Archdiocese, and venue is proper in
Marion County, because Archdiocese regularly conducts business in Marion County, and the
events giving rise to the claims occurred in Marion County. 1
5. Venue is proper pursuant to Rule 2 of the Commercial Court Rules.
II. FACTUAL ALLEGATIONS
6. Payne-Elliott incorporates all other paragraphs in this Complaint as if fully set
forth herein.
7. From August 2006 to June 23, 2019, Payne-Elliott worked at Cathedral High
School (“Cathedral”) as a world language and social studies teacher.
8. The Archdiocese exercises significant control over Cathedral, including, but not
limited to, its recognition of Cathedral as a Catholic school.
9. The Archbishop of the Archdiocese is the Most Reverend Charles C. Thompson.
10. Payne-Elliott is a homosexual male and has been in a same-sex marriage with his
spouse since 2017. Payne-Elliott’s spouse is a teacher at Brebeuf Jesuit Preparatory School.
11. Between August 2006 and June 2019, Cathedral employed Payne-Elliott pursuant
to a teacher contract that was renewed on an annual basis.
12. On May 21, 2019, Cathedral offered Payne-Elliott a teaching contract for the
2019-2020 school year, which Payne-Elliott accepted and signed. A true and accurate copy of
Payne-Elliott’s teaching contract for 2019-2020 school year is attached as Exhibit A.
13. On May 24, 2019, Cathedral’s President, Robert Bridges, told Payne-Elliott that
Cathedral expected to receive a letter from the Archdiocese stating that, in order for Cathedral to
1
Payne-Elliott filed a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”) on
June 3, 2019 (Charge No. 470-2019-02926), and a second Charge of Discrimination (alleging retaliation) on July 9,
2019 (Charge No. 470-2019-03444). Payne-Elliott intends to amend his Complaint to add discrimination and
retaliation claims under Title VII of the Civil Rights Act upon his receipt of a Notice of Right to Sue from the
EEOC.
2
retain its recognition as a Catholic school (and purportedly its tax-exempt status), it needed to
adopt and enforce morals clause language used in teacher contracts at Archdiocesan schools.
14. On June 20, 2019, Brebeuf Jesuit Preparatory School issued a statement to the
Brebeuf Jesuit Community stating, in part:
Brebeuf Jesuit was founded in 1962 as an independent Catholic Jesuit school.
While we’ve enjoyed a collaborative partnership with the Archdiocese for nearly
57 years, we have always maintained control of our school’s operations and
governance, including our personnel decisions. It is our understanding that the
Archdiocese of Indianapolis, at the direction of Archbishop Charles Thompson,
will no longer formally recognize Brebeuf Jesuit as a Catholic school in the
Archdiocese. We understand that a formal decree announcing the Archdiocese’s
decision will be published in The Criterion on or around Friday, June 21.
The decree follows a sincere and significant disagreement between the
Archdiocese, on the one hand, and Brebeuf Jesuit and the USA Midwest Province
of the Society of Jesus, on the other, regarding whether the Archdiocese or our
school’s leaders should make final governance decisions related to internal
administrative matters at Brebeuf Jesuit and, in particular, the employment of our
faculty and staff. Specifically, Brebeuf Jesuit has respectfully declined the
Archdiocese’s insistence and directive that we dismiss a highly capable and
qualified teacher due to the teacher being a spouse within a civilly-recognized
same-sex marriage.
https://brebeuf.org/statement-to-the-brebeuf-jesuit-community/ (last visited July 2, 2019).
15. On June 21, 2019, Archbishop Thompson issued a decree stating, in part: “The
institution known as Brebeuf Jesuit Preparatory School (2801 W 86th St, Indianapolis, IN
46268), by its own selection, can no longer use the name Catholic and will no longer be
identified or recognized as a Catholic institution by the Archdiocese of Indianapolis nor
included in the listing of The Official Catholic Directory.” (emphasis in original). A true and
accurate copy of the Decree to Brebeuf Jesuit is attached as Exhibit B.
16. On information and belief, the Archdiocese gave Cathedral High School the same
directive on the same timetable as the Brebeuf Jesuit directive, but Cathedral obtained an
3
extension of the deadline due to Payne-Elliott chaperoning a school sponsored trip which ended
on June 21, 2019.
17. On Sunday, June 23, 2019, President Bridges met with Payne-Elliott and
informed him that Cathedral was terminating Payne-Elliott’s employment, effective
immediately, at the direction of the Archdiocese.
18. President Bridges notified Payne-Elliott that the Archdiocese had “directed”
Cathedral to terminate his employment, and that Cathedral was terminating him in accordance
with the Archbishop’s directive. He elaborated that Cathedral’s action of terminating Payne-
Elliott “feels like with a gun to our head.”
19. President Bridges asserted no performance-based reason for Payne-Elliott’s
termination during the termination meeting, in spite of being asked for any performance-based
reason for the decision.
20. President Bridges acknowledged during the termination meeting that Payne-
Elliott was “a very good teacher.”
21. President Bridges stated that sole reason for Payne-Elliott’s termination was, “the
Archbishop directed that we [Cathedral] can’t have someone with a public same-sex marriage
here and remain Catholic.”
22. On June 23, 2019, Cathedral published a public letter to the “Cathedral Family”
on its web site (“Cathedral letter”). A true and accurate copy of the Cathedral letter is attached
as Exhibit C.
23. The Cathedral letter stated, in part, “Archbishop Thompson made it clear that
Cathedral’s continued employment of a teacher in a public, same-sex marriage would result in
4
our forfeiting our Catholic identity due to our employment of an individual living in
contradiction to Catholic teaching on marriage.”
24. The Cathedral letter further stated, “[t]herefore, in order to remain a Catholic
Holy Cross School, Cathedral must follow the direct guidance given to us by Archbishop
Thompson and separate from the teacher.”
III. LEGAL ALLEGATIONS
Count I: Intentional Interference with Contractual Relationship
25. Payne-Elliott incorporates all other paragraphs in this Complaint as if fully set
forth herein.
26. Payne-Elliott and Cathedral had a valid and existing contract for Payne-Elliott’s
employment with Cathedral for the remainder of the 2018-2019 school year and also for the
2019-2020 school year.
27. Based on his thirteen years of successful employment, positive performance
evaluations, and excellent professional reputation, Payne-Elliott had every reason to expect to
continue to teach at Cathedral for the foreseeable future.
28. Archdiocese knew about Cathedral and Payne-Elliott’s contract.
29. Archdiocese intentionally interfered with Payne-Elliott’s contract with Cathedral
by demanding that Cathedral terminate Payne-Elliott’s contract and by threatening to impose
negative consequences on Cathedral if it refused to terminate Payne-Elliott’s contract.
30. Archdiocese’s interference with Payne-Elliott’s contract with Cathedral was not
justified.
31. As a result of Archdiocese’s intentional interference with contractual relationship
between Payne-Elliott and Cathedral High School, Payne-Elliott has suffered injuries and
5
damages, including, but not limited to, lost compensation and wages, lost employer provided
benefits, out of pocket expenses, emotional distress, and damage to his reputation.
Count II: Intentional Interference with Employment Relationship
32. Payne-Elliott incorporates all other paragraphs in this Complaint as if fully set
forth herein.
33. Payne-Elliott and Cathedral had a valid and existing employment relationship.
34. Archdiocese knew about Payne-Elliott’s employment relationship with Cathedral.
35. Archdiocese intentionally interfered with Payne-Elliott’s employment relationship
with Cathedral by demanding that Cathedral terminate Payne-Elliott’s employment and by
threatening negative consequences for Cathedral if Cathedral refused.
36. Archdiocese’s interference with Payne-Elliott’s employment with Cathedral was
not justified.
37. As a result of Archdiocese’s intentional interference with employment
relationship between Payne-Elliott and Cathedral High School, Payne-Elliott has suffered
injuries and damages, including, but not limited to, lost compensation and wages, lost employer
provided benefits, out of pocket expenses, emotional distress, and damage to his reputation.
RELIEF REQUESTED
WHEREFORE, Payne-Elliott requests the following relief from the Archdiocese:
1. Compensatory damages, including but not limited to lost earnings, lost
benefits, loss of future earning capacity, out of pocket expenses, emotional
distress, and reputational injury;
2. Emotional distress, mental anguish, and pain and suffering;
3. Liquidated and/or punitive damages;
6
4. Pre-judgment and post-judgment interest;
5. Attorney’s fees and costs; and
6. All other legal and/or equitable relief to which Payne-Elliott is entitled.
Respectfully submitted,
/s/ Kathleen A. DeLaney
Kathleen A. DeLaney (#18604-49)
Christopher S. Stake (#27356-53)
DELANEY & DELANEY LLC
3646 Washington Blvd.
Indianapolis, IN 46205
Tel: (317) 920-0400
Attorneys for Joshua Payne-Elliott
JURY DEMAND
Plaintiff, Joshua Payne-Elliott, by counsel, hereby demands a trial by jury on all issues so
triable.
Respectfully submitted,
/s/ Kathleen A. DeLaney
Kathleen A. DeLaney (#18604-49)
Christopher S. Stake (#27356-53)
DELANEY & DELANEY LLC
3646 Washington Blvd.
Indianapolis, IN 46205
Tel: (317) 920-0400
Attorneys for Joshua Payne-Elliott
7
49D01-1907-PL-027728 Filed: 7/10/2019 12:26 PM
Clerk
Marion Superior Court, Civil Division 1 Marion County, Indiana
EXHIBIT A
LV IJGHC
athedral ~
"How we educate the mind will change with the times,· how we cultivate the heart is and will
remain timeless. " - Bl. Basil Moreau,
Our Commitment to You
Cathedral High School - 2019/2020
JOSHUA PAYNE-ELLIOTT, on January 31 , 2019 we received your Shared Vocation
Commitment Form for the 2019/2020 school year. As a Holy Cross Educator at Cathedral High
School you have committed to following your Shared Vocation(s) included with this form .
In turn, our commitment to you is to continue your employment as World Language Teacher-
Master Exempt for the 2019/2020 school year. Your salary and extra-curricular duties and
responsibilities are stated below and will be paid on a biweekly basis. Please refer to your
Cathedral Employee Handbook for any policies and procedures.
Base Salary: REDACTED
REDACTED
Extra-Curricular: German Club Moderator
REDACTED
National Honor Society Co-Moderator
REDACTED
Academic Olympics Moderator 2
REDACTED
Alliance Co-Moderator
Athletic Stipend: Boys & Girls Bowling Head Coach REDACTED
Total Compensation: REDACTED
We appreciate your commitment to Cathedral High School and your shared focus on how we can
become the model Catholic High School of the future . If you have any questions or need
assistance in any way, please do not hesitate to contact Rob Bridges or Beth Ernst.
Employee Signature Date
President Signature Date
Human Resources Signature Date
Please sign and return one copy to Beth Ernst, HR Generalist,
no later than Tuesday, May 28, 2019.
athedral
100
E
- 1918 - 2018 -
Cathedral, a premier Catholic high school in the Holy Cross tradition,
transforms a diverse group of students spiritually, intellectually, socially, emotionally,
and physically to have the competence to see and the courage to act.
Educators Full Name: JOSHUA PAYNE-ELLIOTT
2018-2019 Total Base Salary: REDACTED
REDACTED
% Pay Increase:
2019-2020 Total Base Salary: REDACTED
Notes:
~~
C) . W~
Principal Signature: ----------=---....;;;____ Date: ~/4~/t 1
~ t'
Human Resources Signature: g'Ji1ffi,J ~ [~
athedral
IIVINGHOLYC:l. SSVI\LUESS I CE 19\il ~
Our Shared Vocation
Commitment Form 2019/2020
S ervino
e,
at Cathedral Hi e,0 h School is rooted in Iovino .'J O and Servino.o· I ' -.)-os
°'' praui,zo h
UCL D. PC1y11 e -f / !1 off
= - - - - - - - ~ - 1 - . . : . . . __ _ ,
hereby share my commitment to Our Shared Vocation at Cathedral High School for the 2019-2020 ?chool year.
I intend to show this with my:
Plea.se_ see
A. Commitment to Engage the World Spiritually by: ot 1-fCtc 0 cl
1. f °"J e.
2.
B. Commitment to Jlfodel Servant Leadership by:
1.
2.
C. Commitment to Respect and Validate Diversity by:
1.
2.
D. Commitment to Embrace the Community by:
1.
2.
E. Commitment to Pursue Personal and Professional Growth (with focus on sharing how you will support
Cathedral living out her vision of becoming the model Catholic Hi!lh School of the future) by:
1.
2.
OR
I , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , do not intend to return to Cathedral High School for the 2019-2020
school year.
Please sign and return one copy to Beth Ernst, HR Generalist, no later than Monday, January 31, 2019.
Our Shared Vocation
Commitment Form 2019-2020
Joshua D. Payne-Elliott
Commitment to Engage the World Spiritually by:
1. Balancing my commitments to Cathedral with my relatively new role as a husband and
partner in build ing a family.
2. Growi ng my participation in my pa r ish. St. Thomas Aquinas. as a more direct exploration of my
Catholicism.
Commitment to Model Servant Leadership by:
1. Growing in my direct and immediate confrontation regarding observed issues of injustice.
2. Encouraging and demonstrating positive interactions. recognizing that we are all people of
God.
Commitment to Respect and Validate Diversity by:
1. Challenging Cathedral staff and students to be vocal on issues of how members of the LGBTQ
community are treated.
2. Continu ing to form students who treat each other with respect, compassion . and sensitivity,
regardless of their sexuality or gender expression.
Commitment to Embrace the Community by:
1. Growing more comfortable being myself with my colleagues and peers and accepting the love
and support the community has in turn demonstrated.
2. Recognizing the innate holiness of our LGBTQ students and their allies through the Alliance
Club.
Commitment to Pursue Personal and Professional Growth by:
1. Educating students on Germany's role in the EU, and the potential global implications.
2. Reconciling my own Catholicism with recent positions publicly taken by the archdiocese of
Indianapolis.
49D01-1907-PL-027728 Filed: 7/10/2019 12:26 PM
Clerk
Marion Superior Court, Civil Division 1 Marion County, Indiana
EXHIBIT B
49D01-1907-PL-027728 Filed: 7/10/2019 12:26 PM
Clerk
Marion Superior Court, Civil Division 1 Marion County, Indiana
EXHIBIT C
Dear Cathedral Family
Jun 23 2019
Dear Cathedral Family,
On behalf of Cathedral’s Board of Directors, we write to you about an agonizing
decision, made after 22 months of earnest discussion and extensive dialogue with the
Archdiocese of Indianapolis about Cathedral’s continued Catholic identity.
Cathedral’s Catholic identity
Cathedral was founded as a Catholic high school in 1918 by Bishop Joseph Chartrand.
The Archdiocese of Indianapolis owned Cathedral but engaged The Brothers of Holy
Cross to serve as faculty. Eventually, the archdiocese turned over care of Cathedral to
the Holy Cross brothers who ran it as a Catholic school for a number of years. In 1972
Cathedral was incorporated for the sole purpose of maintaining and operating a Roman
Catholic secondary school. When Cathedral re-affiliated with The Brothers of Holy
Cross, the Board of Directors amended the bylaws to state that the essential Holy Cross
character of Cathedral as a Catholic high school shall be at all times maintained and
that a mission priority is to be an educator in the faith.
What is at stake?
It is Archbishop Thompson’s responsibility to oversee faith and morals as related to
Catholic identity within the Archdiocese of Indianapolis. Archbishop Thompson made it
clear that Cathedral’s continued employment of a teacher in a public, same-sex
marriage would result in our forfeiting our Catholic identity due to our employment of an
individual living in contradiction to Catholic teaching on marriage. If this were to happen,
Cathedral would lose the ability to celebrate the Sacraments as we have in the past 100
years with our students and community. Additionally, we would lose the privilege of
reserving the Blessed Sacrament in our chapel’s tabernacle, we could no longer refer to
Cathedral as a Catholic school, our diocesan priests would no longer be permitted to
serve on our Board of Directors, and we would lose our affiliation with The Brothers of
Holy Cross. Furthermore, Cathedral would lose its 501(c)(3) status thus rendering
Cathedral unable to operate as a nonprofit school.
Cathedral has been a Catholic school for the past 100 years and our Catholic faith is at
the core of who we are and what we teach at Cathedral. We are committed to educating
our students in the tenets of the Catholic faith with an emphasis on the Holy Cross
tradition. For every Catholic, the celebration of the Sacraments is central to the life of
faith. Similarly, as a Catholic community, the celebration of the Sacraments is essential
for Cathedral. Therefore, in order to remain a Catholic Holy Cross School, Cathedral
must follow the direct guidance given to us by Archbishop Thompson and separate from
the teacher.
Why is our situation different from Brebeuf?
We respect the position of our brothers and sisters at Brebeuf Jesuit Preparatory School
as they also navigate this painful time. Brebeuf is sponsored by the Jesuits while
Cathedral is merely affiliated with The Brothers of Holy Cross. Because Brebeuf is a
specific ministry of the Jesuits, their canonical and nonprofit status is different than ours.
Therefore, the two schools cannot function the same way if Cathedral were to receive a
similar decree as Brebeuf.
Our commitment to the Cathedral family
In today’s climate we know that being Catholic can be challenging and we hope that this
action does not dishearten you, and, most especially, dishearten Cathedral’s young
people. We know that some individuals do not agree with every teaching of the Catholic
Church and so their conscience struggles between the teaching and what they believe
is right. We want you to know that we respect an individual's conflict between
teaching and their conscience. We will continue to educate and root our students in the
fullness of the Catholic faith with an emphasis on the Holy Cross tradition.
Please know that we offer our prayers and love to this teacher, our students and faculty,
our Archbishop, and all associated with Cathedral as we continue to educate our
students in the Catholic Holy Cross tradition. We ask that dialogue about this difficult
situation be respectful of the dignity of every person and that you continue to pray for
our Cathedral family and the wider Indianapolis community.
In the words of Blessed Basil Moreau, founder of The Congregation of Holy Cross:
“Hurry then; take up the work of resurrection, never forgetting that the special end of
your institute is, before all, to sanctify youth. It is by this that you will contribute to
preparing the world for better times than ours.”
Yours in Christ,
Matt Cohoat Rob Bridges
Chairman of the Board of DirectorsPresident
