Friday, March 31, 2006

Developments In Priest Sexual Abuse Claims

Today's National Catholic Reporter carries a story on hearings taking place in state legislatures across the country on proposals to extend the statute of limitations in cases alleging priest sexual abuse of minors. In Maryland, Washington Archdiocese chancellor Jane Belford argued: "By eliminating time limits or vastly extending them, these bills unfairly require a religious organization or other private entity to try to defend a civil lawsuit involving allegations that could be 30 to 40 years old. Memories fade over time, and witnesses and accused individuals may have died, disappeared or become infirm." The bill pending in Colorado that focuses only on suits against religious and private institutions has led the Catholic Church in that state to urge that sexual abuse in public schools and public institutions should be subject to the same rules.

Meanwhile, early last month a Colorado federal district court refused to permit the Archdiocese of Denver remove to federal court claims that had originally been filed against it in state court. In Doe v. Archdiocese of Denver, 413 F. Supp. 2d. 1187 (D. Colo., Feb. 7, 2006) and Nielsen v. Archdiocese of Denver, 413 F. Supp. 2d 1181 (D. Colo, Feb. 7, 2006), the court held that claims that the Church was negligent in hiring, supervising or retaining offending priests do not raise First Amendment issues that justify removal of the cases to federal court.