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InSearchofGrace
Guest
The Protestant OSAS doctrine surfaced in the 1988 landmark clergy malpractice case, Nally v Grace Community Church et al, a wrongful death action filed by the parents of Kenneth Nally against the defendant church and pastors. It is important to note that the defendants were eventually found not liable for the suicide of Kenneth Nally after eight years of litigation, with conclusion reached by the California Supreme Court.
There have been a number of books and numerous articles written about said case, so responders to the OP can ‘google’ the case name for his/her independent information gathering. The full factual background and legal opinion are in this link: profj.us/nally.htm. It is a lengthy read, not surprisingly full of legalese.
It should be noted that Kenneth Nally, as a UCLA student struggled off and on with bouts of depression. He joined up with Grace Community Church of the Valley, forsaking the Roman Catholicism of his parents.
Eleven days before his suicide, Ken met with Pastor Thomson for spiritual counseling. Ken asked the pastor whether Christians who commit suicide would nonetheless be “saved.” Thomson referred Ken to his training as a seminary student and acknowledged “a person who is once saved is always saved,” but told Ken that “it would be wrong to be thinking in such terms.” Following their discussion, the pastor made an appointment for Ken to see Dr. Bullock for a physical examination but did not refer him to a psychiatrist.
Several days later, Ken moved back home. During his final week of life, he was examined separately by Drs. Bullock and Evelyn. Dr. Bullock was concerned with Ken’s physical symptoms. (Ken complained of headaches and of the fact that his arm was paralyzed because he had slept on it while he was unconscious following the Elavil overdose.) Bullock suggested to Ken that he admit himself to the hospital. Bullock did not refer Ken to a psychiatrist; instead, he subsequently conferred with Dr. Evelyn, and both doctors agreed Ken needed further physical and possibly psychiatric evaluation.
The day after his visit with Bullock, Ken encountered Pastor Thomson in the Church parking lot. Ken told Thomson that he was thinking of seeing a psychologist. Thomson recommended that he contact Dr. Mohline, director of the Rosemead Graduate School of Professional Psychology. The following day, Ken spent approximately 90 minutes with Mohline, who in turn referred him to the Fullerton Psychological Clinic. Ken and his father went to the clinic the next day, and Ken discussed possible therapy with Mr. Raup, a registered psychologist’s assistant. Raup believed that Ken was “shopping for a therapist or counselor or psychologist” and that he was not going to return to the clinic. At the end of the week, Ken met with a former girlfriend. She turned down an apparent marriage proposal by telling Ken, “I can’t marry you when you are like this. You have got to pull yourself together. You have got to put God first in your life.” The next day, Ken left plaintiffs’ home following a family disagreement. Two days later, he was found in a friend’s apartment, dead of a self-inflicted gunshot wound.
Comments from the Catholic camp?
There have been a number of books and numerous articles written about said case, so responders to the OP can ‘google’ the case name for his/her independent information gathering. The full factual background and legal opinion are in this link: profj.us/nally.htm. It is a lengthy read, not surprisingly full of legalese.
For those just interested in the brief story, following is an account with relevant paragraphs, cut and pasted, from Nally v. Grace Community Church (1988) 47 Cal.3d 278 [763 P.2d 948; 253 Cal.Rptr. 97] [No. S002882] and Law Encyclopedia under Answers.com.
In Nally v. Grace Community Church of the Valley the parents of 24-year-old Kenneth Nally argued that pastors at Grace Community Church, in Sun Valley, California, were liable for his suicide in 1979. Nally’s parents maintained that church pastors should have directed him to seek psychiatric care. Instead, they claimed, the pastors may have actually encouraged Nally’s suicide by teaching him that taking his own life would not prevent his entrance into heaven.It should be noted that Kenneth Nally, as a UCLA student struggled off and on with bouts of depression. He joined up with Grace Community Church of the Valley, forsaking the Roman Catholicism of his parents.
Eleven days before his suicide, Ken met with Pastor Thomson for spiritual counseling. Ken asked the pastor whether Christians who commit suicide would nonetheless be “saved.” Thomson referred Ken to his training as a seminary student and acknowledged “a person who is once saved is always saved,” but told Ken that “it would be wrong to be thinking in such terms.” Following their discussion, the pastor made an appointment for Ken to see Dr. Bullock for a physical examination but did not refer him to a psychiatrist.
Several days later, Ken moved back home. During his final week of life, he was examined separately by Drs. Bullock and Evelyn. Dr. Bullock was concerned with Ken’s physical symptoms. (Ken complained of headaches and of the fact that his arm was paralyzed because he had slept on it while he was unconscious following the Elavil overdose.) Bullock suggested to Ken that he admit himself to the hospital. Bullock did not refer Ken to a psychiatrist; instead, he subsequently conferred with Dr. Evelyn, and both doctors agreed Ken needed further physical and possibly psychiatric evaluation.
The day after his visit with Bullock, Ken encountered Pastor Thomson in the Church parking lot. Ken told Thomson that he was thinking of seeing a psychologist. Thomson recommended that he contact Dr. Mohline, director of the Rosemead Graduate School of Professional Psychology. The following day, Ken spent approximately 90 minutes with Mohline, who in turn referred him to the Fullerton Psychological Clinic. Ken and his father went to the clinic the next day, and Ken discussed possible therapy with Mr. Raup, a registered psychologist’s assistant. Raup believed that Ken was “shopping for a therapist or counselor or psychologist” and that he was not going to return to the clinic. At the end of the week, Ken met with a former girlfriend. She turned down an apparent marriage proposal by telling Ken, “I can’t marry you when you are like this. You have got to pull yourself together. You have got to put God first in your life.” The next day, Ken left plaintiffs’ home following a family disagreement. Two days later, he was found in a friend’s apartment, dead of a self-inflicted gunshot wound.
The parents filed suit against Grace Community and its pastors. The ensuing litigation extended over eight years. The final appeal to the California Supreme Court attracted about fifteen hundred churches and religious organizations that spoke out in support of Grace Community Church in seeking protection against tort claims under the Free Exercise Clause of the First Amendment. But when the California Supreme Court finally dismissed the lawsuit on November 24, 1988, it did not directly address the First Amendment. In a 5-2 opinion the majority held that the clergy in this case did not hold any licenses as counselors and could not, therefore, be held legally liable for failing to provide proper care for the people they had advised. The case established the principle that religious counseling need not abide by the same legal standards that apply in other professional areas.
I believe that the church and the pastor in this case did not do or say anything wrong, and were thankfully not found liable. But would OSASers agree that misunderstanding of the doctrine can lead to or be a factor towards unintended and unfortunate consequences such as this young man’s suicide?Comments from the Catholic camp?