Class Action Filed Hours After New York's Child Victims Act Is Signed

Just hours after New York's new Child Victims Act extending the statute of limitations for sex abuse claims was signed into law (see prior related posting), a class action lawsuit was filed in federal district court for the Northern District of New York. Rome (NY) Sentinel reports in part:

The Rev. Paul F. Angelicchio, of Rome, has been named in a lawsuit accusing him of sexually abusing a teenage altar boy when the priest worked at a church in Onondaga County in the late 1980s.

... Angelicchio was placed on a leave of absence by the Roman Catholic Diocese of Syracuse in late 2016 to investigate the claims. Church officials deemed the accusations not credible at the time and Angelicchio soon returned to service.

The lawsuit, filed on Feb. 14, also accuses two Syracuse-area priests who were named by the Diocese in December as having “credible” accusations of sexual abuse made against them. Those priests, Charles Eckermann and James F. Quinn, are both deceased.

Angelicchio was not among the priests listed by the Diocese in December.

Supreme Court Review Denied In Nuns' Pipeline Challenge

The U.S. Supreme Court today denied certiorari in Adorers of the Blood of Christ v. Federal Energy Regulatory Commission, (Docket No. 18-548, certiorari denied 2/192019) (Order List).  In the case, the U.S. 3rd Circuit Court of Appeals dismissed on procedural grounds a Religious Freedom Restoration Act challenge to FERC's approval of a pipeline project. The natural gas pipeline at issue runs through land owned by an order of Catholic nuns whose religious beliefs require them to preserve the earth. Developers were authorized to acquire land for the pipeline by eminent domain. (See prior posting.)

Cert. Denied In Attempt To Subpoena Bishops' Documents

The U.S. Supreme Court today denied review in Whole Woman's Health v. Texas Catholic Conference of Bishops, (Docket No. 18-622, certiorari denied 2/19/2019) (Order List).  In the case, the U.S. 5th Circuit Court of Appeals, in a 2-1 decision, held that a Texas federal district court should have quashed a document discovery order in a case in which several health care providers challenged the state's fetal remains regulations. (See prior posting). While discussing the Bishops' constitutional claim that internal deliberations of religious organizations should be protected, the 5th Circuit ultimately relied on  Federal Rules of Civil Procedure 45(d) which calls for quashing a subpoena when it imposes an undue burden. Becket issued a press release discussing the Supreme Court's denial of certiorari.

New Jersey Dioceses Release Names of Accused Priests

North Jersey Record reports that the five Catholic dioceses in New Jersey yesterday posted the names of 188 priests who have been credibly accused of sexually abusing children over past decades.79 of the priests listed are still living. In a letter to the faithful of the Archdiocese of Newark, Cardinal James Tobin announced that a new Independent Victim Compensation Program has been established.

Despite Urging, No Excommunication For Gov. Cuomo Over Abortion Rights Law

On Jan. 22, New York's Gov. Andrew Cuomo signed A00021, the Reproductive Health Act (full text) which protects abortion rights.  As reported by the Washington Post on Friday, "some prominent Catholics have urged Cardinal Timothy Dolan of New York to declare Cuomo excommunicated." CNN Religion Editor Daniel Burke received this reaction from a spokesman for Cardinal Dolan:

I will not discuss any individual. Anything that follows is a statement of some general principles, and should not be considered a comment on any specific person.

First, excommunication should not be used as a weapon.  Too often, I fear, those who call for someone's excommunication do so out of anger or frustration.

Second, notable canon lawyers have said that, under canon law, excommunication is not an appropriate response to a politician who supports or votes for legislation advancing abortion.

Third, from a pastoral perspective, if a pastor-- and a bishop is certainly a pastor of a diocese-- knows of a grave situation involving a parishioner, it is his duty to address that issue personally and directly with the parishioner.  That was the approach of Cardinal O'Connor and Cardinal Egan (both of whom I served), and it is Cardinal Dolan's approach as well.

Fourth, and finally, from a strategic perspective, I do not believe that excommunication would be effective as many politicians would welcome it as a sign of their refusal to be "bullied by the Church", thinking it would therefore give them a political advantage. (See, for example, the case of Bishop Leo Maher and Lucy Killea).

Mobile Home Park Seeks To Require Resident To Remove Portrait of Virgin Mary

In Bradenton, Florida, a mobile home park, Bradenton Tropical Palms, has filed a demand for arbitration with the state's Division of Florida Condominiums, Timeshares and Mobile Homes in an attempt to require an 85-year old Catholic woman to remove a portrait of the Virgin Mary from the outside of her mobile home.  York Dispatch reports that the woman commissioned an artist to create the plywood painting which she installed to replace a window.  She contends that the park's enforcement attempt is anti-Catholic, and that she was targeted because of her religious beliefs. Management says she has failed to comply with park rules regarding her window replacement-- her filed paper work did not include a request for a change in appearance or design.

Senate Resolution Says "No Religious Test" Clause Bars Disqualification For K of C Membership

On Wednesday, the U.S. Senate passed Senate Resolution 19 by unanimous consent.  The Resolution was introduced by Nebraska Sen. Ben Sasse in response to questions raised in connection with last month's Judiciary Committee hearing on the nomination of Brian C. Buescher for a seat on the United States District Court for the District of Nebraska. At that hearing, Senators Mazie Hirono (D-HI) and Kamala Harris (D-CA) questioned whether Buescher's membership in the Knights of Columbus would bias his consideration on issues such as abortion rights and same-sex marriage. (Background). Resolution 19 after a lengthy Preamble, provides:

That it is the sense of the Senate that disqualifying a nominee to Federal office on the basis of membership in the Knights of Columbus violates clause 3 of article VI of the Constitution of the United States, which establishes that Senators ‘‘shall be bound by Oath or Affirmation, to support th[e] Constitution’’ and ‘‘no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States’’.

National Catholic Register reports on the Resolution.

Florida Jury Gives Large Award To Worker Fired For Refusing To Work on Sunday

Law 360 reports [subscription required] that a Florida federal court jury on Monday awarded $36,000 for lost wages, $500,000 for emotional pain and $21 million in punitive damages to a Hilton Hotel dishwasher who was fired for swapping shifts with co-workers to allow her to have Sundays off for religious reasons.  Plaintiff was a member of the Catholic missionary group, Soldiers of Christ Church.  Florida has a statutory cap on damages which will lead to the court's reducing punitive damages. [Thanks to Douglas Laycock via Religionlaw for the lead.]

Vatican's Delay of U.S. Bishops Proposals Explained

AP reports today that the surprising Vatican directive to U.S. bishops last November precluding them from discussing proposed standards of conduct for bishops (see prior posting) stemmed from the fact that the Vatican had received a draft of the proposals only 4 days before the U.S. bishops' conference began. According to AP's report on a letter from Vatican Cardinal Marc Oulett:

While [Conference of Bishops President Cardinal Daniel] DiNardo blamed the Vatican, the letter from Ouellet suggests that the Vatican thought DiNardo had tried to pull a fast one by intentionally withholding legally problematic texts until the last minute.

Suit Against Atlanta Archdiocese For Past Sex Abuse

A lawsuit was filed in a Georgia state trial court yesterday against the Atlanta Catholic Archdiocese by a man who was the victim of priest sexual abuse over 40 years ago when he was 12 to 15 years old.  According to AP, the suit alleges:

The Archdiocese and Archbishop of Atlanta owed a duty of reasonable care to protect minor parishioners who were altar boys at St. Joseph’s church.

It also contends that the Archdiocese's failure to report the alleged abuse constituted a public nuisance.

Court Orders Church To Allow Federal Surveyors On Its Property

A federal judge in the Southern District of Texas yesterday ordered attorneys for the Pharr Oratory of St. Philip Neri-- a congregation of priests that owns 26 acres near the U.S. Mexican border-- to allow government surveyors access to their land so surveys for a border wall could be conducted.  According to the Mission, Texas Progress Times, the Bishop of Brownsville had argued that using church property to build a border wall would limit the ability of the Church to carry out its mission. Federal Judge Randy Crane however rejected the Church's argument that allowing surveyors on the property would constitute a substantial burden of free exercise rights. The court ordered the parties to negotiate terms for reasonable access to the property.

Illinois AG Says Catholic Church Is Delinquent In Reporting On Offending Priests

A press release from Illinois Attorney General Lisa Madigan's office yesterday says that preliminary findings in an investigation begun in August show that the Catholic Church in Illinois has not fully disclosed information on priests accused of sexual abuse:

Attorney General Lisa Madigan today released preliminary findings of her ongoing investigation into the Catholic Church. While the six dioceses in Illinois have now publicly identified 185 clergy members as having been “credibly” accused of child sexual abuse, Madigan’s investigation has found that the dioceses have received allegations of sexual abuse of at least 500 additional priests and clergy members in Illinois....

The investigation has revealed that allegations frequently have not been adequately investigated by the dioceses or not investigated at all. In many cases, the Church failed to notify law enforcement authorities or Department of Children and Family Services (DCFS) of allegations of child sexual abuse. Among the common reasons the dioceses have provided for not investigating an allegation is that the priest or clergy member was deceased or had already resigned at the time the allegation of child sexual abuse was first reported to the diocese.

“By choosing not to thoroughly investigate allegations, the Catholic Church has failed in its moral obligation to provide survivors, parishioners and the public a complete and accurate accounting of all sexually inappropriate behavior involving priests in Illinois,” Madigan said. “The failure to investigate also means that the Catholic Church has never made an effort to determine whether the conduct of the accused priests was ignored or covered up by superiors.”

Santa Fe Archdiocese Files Under Chapter 11

In a letter from Archbishop John Wester (full text) dated Nov. 29, the Catholic Archdiocese of Santa Fe (NM) announced that it is filing for Chapter 11 Reorganization order the federal Bankruptcy Code in order to deal with the growing number of clergy sexual abuse claims.  The letter says in part:

Given our desire to care for all victim survivors, and given the fact that we have settled over 300 claims, but that such claims continue to be filed, I see this as the wisest and most prudent course to take. It is very important that everyone understand that we have not taken this step to avoid responsibility. On the contrary, we firmly believe that Chapter 11 is the most merciful and equitable way for the Archdiocese to address its responsibility to the victim survivors, to continue to meet its commitment to prevent abuse, and to continue its mission to all those who depend on the outreach of the Church. 

The cost of settlement of the over 300 cases which included insurance funds totaled approximately $52 million dollars of which the Archdiocese paid a substantial amount. Currently we have approximately 40 pending cases, which we need to address in a caring and Christ-like manner.

AP has additional background.

Pennsylvania Supreme Court Says Names of 11 Priests Should Be Redacted From Grand Jury Report

In In re: Fortieth Statewide Investigating Grand Jury, (PA Sup. Ct., Dec. 3, 2018), the Pennsylvania Supreme Court in a 6-1 decision held that because of insufficient due process protections, the names of 11 priests petitioning the court should be redacted permanently from the publicly released grand jury report on sexual misconduct by Catholic clergy. The majority said in part:

... [T]he supervising judge’s limited review and approval of a grand jury report for public release gives it an imprimatur of official government sanction which carries great weight in the eyes of the public, and, thus, may compound the harm to a person’s reputation who is wrongly named therein. As such, we ordered the temporary redaction of Report 1 while we addressed the challenges to it. In the absence of any other viable remedy, we are compelled to find that these  redactions, with respect to Petitioners, must be made permanent.

We acknowledge that this outcome may be unsatisfying to the public and to the victims of the abuse detailed in the report. While we understand and empathize with these perspectives, constitutional rights are of the highest order, and even alleged sexual abusers, or those abetting them, are guaranteed by our Commonwealth’s Constitution the right of due process. It is the unfortunate reality that the Investigating Grand Jury Act fails to secure this right, creating a substantial risk that Petitioners’ reputations will be irreparably and illegitimately impugned....

Justice Baer filed a concurring opinion. Justice Dougherty also filed a concurring opinion, setting out procedures which he believes would provide adequate due process. Chief Justice Saylor dissented (full text), arguing that petitioners should be provided hearings (and an opportunity to testify, if they did not do so before the grand jury) before a judicial officer at which they are "provided the opportunity to advocate that the grand jury’s particularized findings of criminal and/or morally reprehensible conduct are not supported by a preponderance of the evidence." Philadelphia Tribune reports on the decision.

Parents Sue Archdiocese and Pre-School Over Sexual Abuse

A suit was filed yesterday in a Pennsylvania state trial court against the Archdiocese of Philadelphia and a pre-school, St. Francis Learning Center, by parents of three toddlers who were sexually abused by a lay teacher.  The suit charges that the defendants did not properly screen the teacher and did not notify parents when other children made accusations against the teacher.  The Archdiocese said it promptly reported accusations to authorities. The teacher is serving a 4 to 8 year sentence after pleading guilty. AP reports on the lawsuit.

Catholic Diocese Opposes Taking of Church Land For Border Fencing

The Catholic Diocese of Brownsville, Texas filed suit in federal district court on Nov. 6 seeking a temporary restraining order to prevent the federal government from exercising its eminent domain power to take church land to construct border fencing and security.  According to the Brownsville Herald, last month the Department of Homeland Security waived more than two dozen laws to facilitate construction of border fencing through Hidalgo County and filed a Declaration of Taking that includes the La Lomita Chapel and Juan Diego Academy in Mission, Texas. The Diocese argues that the taking violates its free exercise rights and that the DHS waivers exceeded the authority granted by Congress.

At Pope's Request, U.S. Bishops Postpone Vote On New Conduct Standards

Crux reports that in a surprise move, on Sunday night the Holy See notified Cardinal Daniel DiNardo, president of the US Conference of Catholic Bishops, that the Pope wants U.S. bishops to postpone their vote on new standards of conduct for bishops and the creation of an outside commission to enforce it. The Pope wants the vote to wait until after a Feb. 21-24 international bishops' conference on clerical sex abuse.  In his opening address to the USCCB General Assembly in Baltimore yesterday (full text), Cardinal DiNardo said in part:

in light of this morning’s news, the nature of my address changes. We remain committed to the specific program of greater episcopal accountability that we will discuss these days. Consultations will take place. Votes will not this week. But we will prepare ourselves to move forward.

Guam Archdiocese Plans Chapter XI Filing

Guam's Archdiocese of Agana announced yesterday that it plans to file for bankruptcy reorganization within the next 90 days. The Archdiocese said that this is the most expeditious way to handle sexual abuse claims. Guam Daily Post, reporting on the Archdiocese's announcement, says that more than 180 sexual abuse claims against the Archdiocese are pending.

Third Circuit Hears Arguments In Challenge To Foster Care Non-Discrimination Requirement

Courthouse News Service reports on Tuesday's oral arguments in the U.S. 3rd Circuit Court of Appeals in Fulton v. City of Philadelphia. In the case, a Pennsylvania federal district court rejected Catholic Social Services challenges to the requirement that it not discriminate against same-sex couples in foster care placement. (See prior posting.)

Canadian Diocese Wins Suit Against Insurance Company That Refused Coverage For Abuse Victims

In Aviva Insurance Company of Canada v. L’Évêque catholique romain de Bathurst, (NB Court of Appeal, Oct. 18, 2018), the New Bunswick Court of Appeal held that the Catholic Diocese of Bathurst is entitled to $3.35 million damages against its insurance company that refused to cover amounts paid to victims of clergy sexual abuse. The court said in part:

While the underlying facts of this litigation are most disturbing, at its core this is a breach of contract case involving a diocese that, over the years, purchased general public liability insurance from an insurer, which, many years later, when claims were made, wrongfully denied coverage. The question on appeal is whether the diocese is entitled to damages for breach of contract in amounts that involve the costs of, and payments made through, a conciliation process the diocese set up as a result of its insurer’s denial of coverage....

The Diocese’s right to damages did not rest on it being legally obligated to make the conciliation payments. The correct legal test is one of reasonableness; the trial judge was bound to follow this test and determine whether the conciliation process and the resulting payments were a reasonable response to breach of contract. I conclude the actions of the Diocese did constitute a reasonable response, within the boundaries of the law, to Aviva’s wrongful denial of coverage.

CNS reports on the decision.