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Article Category: 2007 January
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Article originally prepared on : 15 January 2007
By BRETT BARROUQUERE, Associated Press Writer Thu Jan 11, 7:27 PM ET
LOUISVILLE, Ky. - Three men who accuse Catholic priests of sexually abusing them in childhood can pursue damages from the Vatican in a negligence lawsuit, a federal judge ruled Thursday.
William McMurry, the plaintiffs‘ attorney, said the ruling could open the way to take depositions of Vatican officials and to obtain copies of church records and documents.
Many lawsuits stemming from the clergy sex abuse crisis have named the pope, the Vatican and other high-ranking church officials as defendants. But the Holy See is typically immune from the jurisdiction of U.S. courts.
Jeffrey Lena, a California-based attorney for the Vatican, said the ruling was in many respects favorable to the Holy See because the remaining allegations rely on the unproved assumption that U.S. bishops act as agents of the Vatican. He predicted that claim would not beborne out as the case proceeds.
McMurry is seeking to have the lawsuit certified as a class action, which would allow other accusers to join the case. McMurry represented 243 sex abuse victims that settled with the archdiocese in 2003 for$25.3 million.
One of the three pl, , ) of Louisville, who also filed the first lawsuit against the archdiocese. The Rev. Louis E. Miller was removed from the priesthood in 2004 by the late Pope John Paul II after pleading guilty in 2003 to sexually abusing Turner and other children in the 1970s. He is serving a 13-year prison sentence.
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