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Decker v. Tschetter Hutterian Brethren Inc.5/26/1999
d that on a motion to dismiss for lack of jurisdiction, it is insufficient for respondents to no more than generally allege, as a substantive defense to tort liability, that their conduct was religious in nature."). The trial court acted prematurely in concluding it lacked jurisdiction. Obviously, genuine material issues of fact arise in many respects, including: whether the alleged torts were committed and whether qualified immunity would exist to protect same.
[ ] We should not address the actual merits or eventual success of Plaintiffs' claims. Plaintiffs have pled sufficient facts in their complaint to entitle them to proceed to attempt to prove their claims. See Bear v. Reformed Mennonite Church, 341 A2d 105, 108 (Pa 1975) (stating: "While the First Amendment may present a complete and valid defense to the allegations of the complaint, in the instant case, appellant has pleaded sufficient facts and created sufficient 'doubt' that would entitle him to proceed with his action in order that he may attempt to prove the requisite elements that would entitle him to relief[.]"). Therefore, we should reverse and remand for proceedings consistent with this Dissent.
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