Category: Civil Litigation

Local, state, and federal civil lawsuits.

Former altar boy was abused by a Knoxville priest and ex-bishop, lawsuit alleges

Posted on by wolves8bg
Lawsuit filed against Diocese of Knoxville TN for sexual abuse by priests and bishop.
Article Title

Former altar boy was abused by a Knoxville priest and ex-bishop, lawsuit alleges

Link to Article:      https://www.knoxnews.com/story/news/2019/07/22/sexual-abuse-lawsuit-east-tennessee-man-alleges-knoxville-catholic-priests-abused-him-child/1791075001/

Source:  Knoxville News Sentinel

Author(s):  Amy McRary

Date:  July 22, 2019 

Synopsis of / Excerpts from Article 

According to the article:  

An East Tennessee man says he was repeatedly sexually abused by a longtime priest and the first bishop of the Knoxville diocese, and was offered up to visiting priests for “inappropriate sexual conduct” in a church sacristy.

Attorneys for Blount County resident Michael Boyd are suing the Diocese of Knoxville in a Knox County Circuit Court lawsuit filed July 18. Boyd’s lawyer said he is OK with his name being used in news reports.

While the diocese is the only named defendant, the 20-page lawsuit claims the former altar boy was repeatedly abused in the 1990s by longtime Knoxville priest Xavier Mankel and at least twice by Bishop Anthony O’Connell.

O’Connell, who died in 2012, is the best-known figure named in the suit. He became the first bishop of the Knoxville diocese when it was formed in 1988. Ten years later, he became bishop in Palm Beach, Florida. He resigned in 2002 after admitting inappropriate conduct with minors in Missouri decades earlier and before he was in Knoxville.

The suit alleged that Mankel, a priest for 56 years, was Boyd’s main predator. Naming Mankel as an abuser is likely to shock many Knoxville Roman Catholics. He hasn’t been named on lists of priests accused of abuse that have been released by Catholic authorities or survivor support groups.

West Virginia attorney general calls on diocese to ‘come clean’ on remarkable allegations against former bishop

Posted on by wolves8bg
Protester with sign outside Diocese of Buffalo (WBEN Photo/Mike Baggerman)
Article Title

West Virginia attorney general calls on diocese to ‘come clean’ on remarkable allegations against former bishop

Link to Article:      https://www.usatoday.com/story/news/nation/2019/07/20/ex-bishop-w-va-ag-wants-diocese-come-clean-sex-allegations/1785423001/

Source:  USA Today

Author(s):  Doug Stanglin

Date:  July 20, 2019 

Synopsis of / Excerpts from Article 

According to the article:  

Despite new disciplinary action by Pope Francis, West Virginia’s attorney general called on a Catholic diocese to “come clean” with what it knows about alleged allegations of sexual harassment and financial improprieties by a former bishop.

The pope on Friday banned former bishop Michael Bransfield from the public ministry or even living in the Wheeling-Charleston diocese based on the findings of a church investigation of “allegations of sexual harassment of adults and of financial improprieties.”

The pope’s declaration, which stopped short of defrocking Bransfield, was posted on the website of the diocese of Wheeling-Charleston.   It also requires Bransfield, who resigned in December, to make amends “for some of the harm he caused.”

That probe had earlier found Bransfield guilty of sexual harassment of adults and misuse of church funds, spending them on dining, liquor, gifts, personal travel and luxury items.

The Washington Post, which obtained a copy of drafts of the investigation, reported in June that the church found that Bransfield spent $2.4 million in church money on travel, much of it personal, which included flying in chartered jets and staying in luxury hotels. Bransfield and several subordinates spent an average of nearly $1,000 a month on alcohol, the Post said, citing the confidential report.

West Virginia attorney general Patrick Morrisey on Friday called the pope’s decision “only one step” toward resolving the Bransfield case. He called on the diocese to comply with subpoenas issued as part of state probe of the church’s handling of the case..

“After decades of covering up and concealing the behavior of priests as it relates to sexual abuse, it is time for the Diocese to come clean with what it knows and release the Bransfield report and any other relevant materials,” Morrisey said. “None of the allegations of financial improprieties and sexual abuse may have been revealed if not for our investigation – the public shouldn’t have to wait any longer for transparency.”

Morrisey filed suit against the diocese and Bransfield in March alleging it knowingly employed pedophiles and failed to conduct adequate background checks for those working at the diocese’s schools and camps

An amended complaint added allegations that the Diocese chose not to publicly disclose a report of child sexual abuse by a teacher in 2006.

Sex abuse claims against archdiocese, clergy now under review

Posted on by wolves8bg
Article Title

Sex abuse claims against archdiocese, clergy now under review

Link to Article:      https://www.taosnews.com/stories/sex-abuse-claims-against-archdiocese-clergy-now-under-review,58343

Source:  Taos News

Author(s):  Cody Hooks

Date:  July 19, 2019 

Synopsis of / Excerpts from Article 

According to the article:  

When the June 17 deadline to file sexual abuse claims against the Archdiocese of Santa Fe passed, 340 people had submitted paperwork to be part of the bankruptcy settlement.

Now, the bankruptcy process is moving along and the claims are being reviewed.

The participants in the bankruptcy proceedings are “close” to identifying a mediator for settlement discussions, according to Jim Stang, a lawyer representing the creditors’ committee, a group of eight survivors or the parents of survivors.

A corporate arm of the archdiocese, which manages some of its endowment, should also be responding to requests for disclosure of documents, he said.

After decades of sexual abuse lawsuits and millions of dollars in payouts to survivors of alleged clergy abuse, the archdiocese filed for bankruptcy in December in the U.S. Bankruptcy Court for New Mexico. The archdiocese has about $49 million in assets, according to the court documents.

 

Diocese announces $5 million settlement with sexual abuse survivors

Posted on by wolves8bg
Minnesota Diocese agrees to pay abuse victims/ survivors $5 million.
Article Title

Diocese announces $5 million settlement with sexual abuse survivors

Link to Article:      https://www.crookston.org/news/localnews/1270-diocese-announces-5-million-settlement-with-sexual-abuse-survivors 

Source:  Our Northland Diocese (OND) 

Author(s):  OND Staff Report

Date:  July 17, 2019 

Synopsis of / Excerpts from Article 

According to the article:  

The Diocese of Crookston has reached a $5 million settlement with victims/survivors of clergy sexual abuse, announced in a statement July 17. The settlement resolves 15 lawsuits for sexual abuse claims filed between April 2016 and May 2017 because of the Minnesota Child Victims Act. The legislation lifted the statute of limitations on abuse cases in Minnesota, opening a three-year window that allowed victims an opportunity to file civil claims.

According to the diocese, most of the costs associated with the settlement came through insurance proceeds. $1.55 million came from the property sales of Camp Corbett (Big Elbow Lake, Becker County, MN) in 2018 and Holy Spirit Newman Center (Bemidji, MN) in 2016, as well as two non-restricted estate gifts in 2017.

Also, in preparation for settlement, the diocese says two open staff positions were left unfilled. The diocese did not have to finance any portion of the settlement through loans. According to Bishop Hoeppner, no Diocesan Annual Appeal funds were used for the settlement.

Because of the settlement, the Diocese of Crookston says it has been able to avoid bankruptcy protection. All other dioceses in Minnesota have filed or announced their intent to file for financial reorganization in recent years. 

Victim: Catholic Priests Kept Jobs Despite Sex Abuse Claims

Posted on by wolves8bg
Joseph Caramanno sues Archdiocese of New York for sexual abuse. (Marla Diamond/WCBS 880)
Article Title

Victim: Catholic Priests Kept Jobs Despite Sex Abuse Claims

Link to Article:      https://wcbs880.radio.com/articles/alleged-sex-abuse-victim-says-catholic-priests-kept-jobs-despite-complaints 

Source:  WCBS News Radio 880

Author(s):  Local News

Date:  July 16, 2019 

Synopsis of / Excerpts from Article 

According to the article:  

A new lawsuit filed Tuesday claims two Catholic priest that were accused of sexually abusing minors were allowed to remain active at their churches despite complaints to the archdiocese.

The lawsuit alleges church officials either covered up or misrepresented the abusive histories of Father Donald Timone and Monsignor John Paddack, who Joseph Caramanno says abused him when he was a student at St. Joseph’s by the Sea on Staten Island.

“I personally wonder if –while I was in high school back in 2001, 2002 – was there someone that knew about Monsignor Paddack, was there someone that knew that he had, you know, done some things to others before me,” Caramanno said.

The allegations forced Paddack to resign from the Church of Notre Dame on the Upper West Side.

Timone is accused of sexually abusing the late husband of one of the plaintiffs when he was a teenager. The alleged victim died from an apparent suicide in 2015.

“The allegations against Fr. Timone and Fr. Paddack were shared with law enforcement, and both are currently out of ministry while the archdiocese investigates these new allegations against them,” the archdiocese said in a statement.

It notes that earlier claims against the two were investigated but “were found not to be substantiated.”

AG’s review goes beyond church’s list of ‘credible’ accusations

Posted on by wolves8bg
Article Title

AG’s review goes beyond church’s list of ‘credible’ accusations

Link to Article:      https://www.thewesterlysun.com/news/charlestown/ag-s-review-goes-beyond-church-s-list-of-credible/article_1c737094-9aee-5f06-852a-ad9d1897205e.html

Source:  Associated Press

Author(s):  Jennifer McDermott

Date:  July 12, 2019 

Synopsis of / Excerpts from Article 

According to the article:  

Rhode Island’s attorney general said Friday that it will be several more months before he is finished reviewing allegations of sexual abuse by Roman Catholic clergy in the state.

Democrat Peter Neronha said he continues to review allegations of clergy sexual abuse to figure out what happened, what the response was and whether anyone can be held responsible.

Last week, the Roman Catholic Diocese of Providence released a list of 50 clerics, religious order priests and deacons it deems to have been credibly accused of sexually abusing children. The diocese reviewed files dating to 1950.

The list posted on the diocese website includes 19 priests and deacons who are still alive, ranging in age from 60 to 98, although nearly all have been removed from ministry. One priest resigned. The list also includes 25 dead priests and six others, including religious order priests.

Neronha, who launched his review shortly after taking office this year, said the diocese’s list is a subset of the allegations. He’s looking at all allegations, not just those deemed credible by the church, and reviewing disclosures made by the diocese to law enforcement, criminal and civil cases and complaints to police.

Neronha had asked the legislature to pass a bill to allow a grand jury to issue a report when a criminal indictment isn’t returned, but it stalled this year. He plans to seek similar legislation next year. 

Emotional response in Fargo from sexual assault victim

Posted on by wolves8bg
ND woman publicly accuses priest of sexual assault. (West Fargo Pioneer)
Article Title

Emotional response in Fargo from sexual assault victim

Link to Article:      https://www.kfyrtv.com/content/news/Emotional-response-in-Fargo-from-sexual-assault-victim-512609801.html  

Source:  Fargo ND Valley News Live

Author(s):  Joshua Peguero

Date:  July 11, 2019 

Synopsis of / Excerpts from Article 

According to the article:  

A woman is speaking publicly for the first time Thursday accusing a former North Dakota priest of sexual assault.

Kateri Marion, 33, was emotional inside the law offices of O’Keeffe, O’Brien, Lyson, and Foss describing what she says was a sexual assault in July of 2016 in Belcourt, N.D.

“It is time that we unite. It is time that we stand together and stand strong. Stop these priests from doing this, stop the church from hiding this,” Marion said.

In a lawsuit she filed against the Roman Catholic Diocese of Fargo, she accuses Father Michael Wight of violating the relationship they had developed.

Her suit details several allegations, including that when she complained to the St Ann’s Catholic Church in Belcourt of the assault she was blamed for it.

Also mentioned in the lawsuit was the Society of Our Lady of the Most Holy Trinity, which’s known as SOLT. The organization is based in Corpus Christi, Texas and had an agreement with the Fargo Diocese to send priest to St. Ann’s.

According to her lawyers, Wight was moved to Texas by the Fargo Diocese after the allegation.

Marion said she went to him because she was in need of help for dealing with past emotional abuse.

Her lawyers said they hope by filing suit they can get North Dakota to open up their statute of limitations and for the Fargo Diocese to disclose their list of known offending priests.

Morrisey renews request for Diocese to release Bransfield report

Posted on by wolves8bg
West Virginia Attorney General Patrick Morrisey has filed a lawsuit against the Diocese of Wheeling-Charleston based on consumer protection laws.
Article Title

Morrisey renews request for Diocese to release Bransfield report

Link to Article:      https://wvrecord.com/stories/512694348-morrisey-renews-request-for-diocese-to-release-bransfield-report

Source:  West Virginia Record

Author(s):  Kyla Asbury

Date:  July 3, 2019 

Synopsis of / Excerpts from Article 

According to the article:  

West Virginia Attorney General Patrick Morrisey urged again for the Diocese of Wheeling-Charleston to release its report on former Bishop Michael Bransfield, calling the Diocese’s attempt to dismiss his suit an attempt to conceal the report.

“The Diocese’s latest motion to dismiss represents yet another attempt to sidestep transparency as it continues to conceal its investigative report on former Bishop Bransfield in hopes to distract public attention from allegations that it employed pedophiles, failed to conduct background checks and condoned Bransfield’s alleged sexual harassment of employees and others,” Morrisey said in a statement. “The Diocese did not issue its list of credibly accused priests until after issuance of our first investigative subpoena in fall 2018, and continues to demonstrate a pattern of concealing information until external pressure from our office and the media forces its hand.”

Morrisey said his office’s lawsuit against the Diocese chronicles its decades-long pattern of concealing criminal behavior of priests as it relates to sexual abuse of children, while it advertised its schools and camps as safe learning environments.

Morrisey filed suit against the Diocese and Bransfield in March alleging the Diocese knowingly employed pedophiles and failed to conduct adequate background checks for those working at the Diocese’s schools and camps, all without disclosing the inherent danger to parents who purchased its services for their children. The complaint was amended in May to include several more counts and new evidence.

The updated complaint, filed May 21 in Wood Circuit Court, includes a new count of unfair competition and new evidence of the church’s failure to conduct background checks and report abuse. The amended complaint also includes allegations the Diocese chose not to publicly disclose a report of child sexual abuse by a teacher in 2006 and permitted several individuals to work or volunteer at Catholic schools without adequate background checks.

The count of unfair competition in the amended complaint alleges the Diocese omitted the fact that it knowingly employed priests who had admitted to or been accused of sexually abusing children in advertising materials for prospective students. It says those materials also didn’t mention the Diocese didn’t do background checks on its employees.

In April, the Diocese filed a motion to dismiss the AG’s lawsuit.

Superior Court reinstates priest molestation lawsuit filed against Altoona-Johnstown Diocese

Posted on by wolves8bg
State of Pennsylvania Appellate Court. Decision was rendered in State Superior Court (lexisnexis.com.jpg)
Article Title

Superior Court reinstates priest molestation lawsuit filed against Altoona-Johnstown Diocese

Link to Article:      https://pennrecord.com/stories/512632278-superior-court-reinstates-priest-molestation-lawsuit-filed-against-altoona-johnstown-diocese

Source:  PennRecord

Author(s):  Karen Kidd

Date:  June 28, 2019 

Synopsis of / Excerpts from Article 

According to the article:  

The state Superior Court recently reinstated a lawsuit against the Catholic Diocese of Altoona-Johnstown filed by a woman who alleged she was repeatedly molested by a pedophile priest in the 1970s and 1980s.

In its 38-page decision, the Superior Court reversed a December 2017 Blair County Common Pleas Court decision dismissing the lawsuit filed by Renee’ A. Rice, saying the diocesan defendants were not entitled to judgment on the pleadings based upon the statute of limitations. “All three of Ms. Rice’s issues on appeal have merit,” the Superior Court said in remanding the case.

Judge Deborah A. Kunselman wrote the Superior Court decision in which judges Eugene B. Strassburger and Jacqueline O. Shogan concurred. Strassburger is a retired senior judge was assigned to the Superior Court in this case.

In her lawsuit, Rice alleged that she was about 9 when a then-priest at St. Leo’s Church in Altoona, Rev. Charles F. Bodziak, began molesting her and continued to do so for years, as often as twice a week. Rice said the abuse occurred in the church’s rectory, a cemetery and in Bodziak’s car and did not end until 1981.

The diocesan defendants argued that the statute of limitations on Rice’s claims ended in October 1987, two years after her 18th birthday.

Blair County Judge Jolene Grubb Kopriva agreed and dismissed Rice’s lawsuit.

“To support that contention, they [the diocese] predominately relied upon two cases from this court that had affirmed judgments on the pleadings in favor of pedophile clergy and various, corporate manifestations of the Catholic Church under the statute of limitations,” the Superior Court’s decision said.

The Superior Court reinstated Rice’s lawsuit based on a Pennsylvania Supreme Court decision in Nicolaou v. Martin, which was handed down about 10 months after Kopriva’s dismissal and which abrogated the Superior Court decisions upon which Kopriva had relied.

Arkansas Catholic diocese settles abuse claims from 5 men

Posted on by wolves8bg
Diocese of Little Rock settles with five victims for $790,000.
Article Title

Arkansas Catholic diocese settles abuse claims from 5 men

Link to Article:       https://www.upi.com/Top_News/US/2019/06/28/Arkansas-Catholic-diocese-settles-abuse-claims-from-5-men/2121561719521/

Source:  UPI

Author(s):  Clyde Hughes

Date:  June 28, 2019 

Synopsis of / Excerpts from Article 

According to the article:  

Arkansas attorneys say the Catholic Diocese of Little Rock has agreed to settle accusations from five men who said a priest abused them when they were children decades ago.

The accusations were made against priest John J. McDaniel, and the abuse occurred in the early 1970s, the complaints said.

Attorney Joshua Gillispie said the settlement is the first from the diocese over accusations of abuse by a priest.

The five boys were between the ages of 12 and 15 at the time of the purported abuse, and were students at Our Lady of the Holy Souls School, where McDaniel had access to them. The attorneys said most of the abuse happened in the priest’s rectory on campus.

“It is extremely likely that there many, many more victims,” Gillispie said.