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Article Category: 2007 January

Judge: Men can seek damages from church

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Article originally prepared on : 15 January 2007

http://www.onelocalnews.com/newhopecourier/ViewArticle.aspx?id=42208&source=2
 
Judge: Men can seek damages from church
2007/1

LOUISVILLE, Ky. - Three men who accuse Catholic priests of sexuallyabusing them in childhood can pursue damages from the Vatican in anegligence lawsuit, a federal judge ruled Thursday.

WilliamMcMurry, the plaintiffs‘ attorney, said the ruling could open the wayto take depositions of Vatican officials and to obtain copies of churchrecords and documents.

Many lawsuits stemming from the clergysex abuse crisis have named the pope, the Vatican and otherhigh-ranking church officials as defendants. But the Holy See istypically immune from the jurisdiction of U.S. courts.

JeffreyLena, a California-based attorney for the Vatican, said the ruling wasin many respects favorable to the Holy See because the remainingallegations rely on the unproved assumption that U.S. bishops act asagents of the Vatican. He predicted that claim would not be borne outas the case proceeds.

McMurry is seeking to have the lawsuitcertified as a class action, which would allow other accusers to jointhe case. McMurry represented 243 sex abuse victims that settled withthe archdiocese in 2003 for $25.3 million.

One of the three pl,, ) of Louisville, who also filed the first lawsuit against thearchdiocese. The Rev. Louis E. Miller was removed from the priesthoodin 2004 by the late Pope John Paul II after pleading guilty in 2003 tosexually abusing Turner and other children in the 1970s. He is servinga 13-year prison sentence.

 


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