No. 1-07-0633
30
sexual contact with Brother Brouillette.
In Illinois, a fiduciary relationship is recognized to exist
when "'a special confidence [is] reposed in one who, by reason of
such confidence, must act in good faith and with due regard to
the interests of the person reposing such confidence.'" Amato,
287 Ill. App. 3d at 932, quoting In re Estate of Osborn, 128 Ill.
App. 3d 453, 455, 470 N.E.2d 1114 (1984). Such a relationship
may exist as a matter of law, "'or it may be the result of a more
informal relationship - moral, social, domestic or even personal
in its origin.'" Amato, 287 Ill. App. 3d at 932, quoting Estate
of Osborn, 128 Ill. App. 3d at 455.
Under Illinois law, a contention that a cleric has breached
his duty as a fiduciary is not actionable. Amato, 287 Ill. App.
3d at 932. This court explained as follows:
"We believe that when a parishioner lodges such a claim,
religion is not 'merely incidental' to a plaintiff's
relationship with a defendant, 'it [is] the foundation for
it.' [Citation.] The fiduciary relationship is inescapably
premised upon the cleric's status as an expert in
theological and spiritual matters." Amato, 287 Ill. App. 3d
at 932, quoting H.R.B. v. J.L.G., 913 S.W.2d 92, 99 (Mo.
App. 1995).
In Amato, the plaintiff claimed a breach of fiduciary duty
where he divulged confidences to the defendant-pastor in reliance
on the defendant's representations regarding his training,
