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	Supreme Court Dismisses Lawsuit Involving Yakima Diocese General Questions or Comments KAPP March 5, 2008 http://www.kapptv.com/news/?sect_rank=2§ion_id=15&story_id=3233 YAKIMA -- The Washington State Supreme Court Tuesday upheld the dismissal of a lawsuit by a former employee of the Catholic Diocese of Yakima who alleged he was forced out of his job in retaliation for complaining about the way the church handled the investigation of one of its priests. Tuesday's ruling, by a five-judge panel of the court, means that Robert Fontana will have no more opportunities to argue his case. Mr. Fontana resigned from his job as diocesan director of evangelization in the summer of 2005. He later filed suit alleging "constructive discharge." The diocese denied forcing Mr. Fontana out of his job, but argued in court that the issue was moot because of the church's First Amendment right to assign job duties to its ministers as the church deems appropriate. A Yakima County Superior Court judge agreed, dismissing the lawsuit in May 2006. Mr. Fontana appealed to Division III of the Washington State Court of Appeals. A three-judge panel upheld the dismissal of the suit in May 2007. The Court noted that while some of Mr. Fontana's duties had been restricted, he still was director of the diocese's program for lay ministry formation, receiving the same salary and benefits. Mr. Fontana then appealed to the Supreme Court, Washington's "court of last resort."
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