Posted on 11/26/2008 10:41:30 AM PST by NYer
On Monday, in what's being described as a "landmark" ruling, a Federal appeals court green-lighted a sex-abuse suit naming the Holy See among its plaintiffs:
[The] ruling, issued by the U.S. Circuit Court of Appeals in Cincinnati, marks the first time a court at so high a level has recognized that the Vatican could be liable for the negligence in sexual-abuse cases brought in the U.S.PHOTO: Reuters
The ruling is seen as a breakthrough by those allegedly abused by priests. Investigators and grand juries have found several instances where the church failed to report alleged abusers and covered up alleged misdeeds to protect them.
Jeffrey S. Lena, the attorney for the Holy See, said he was not "presently inclined" to ask the U.S. Supreme Court to review the decision.
It remains to be seen whether the Vatican, which is a sovereign state recognized by the U.S. government, will make further arguments that it is immune from U.S. civil proceeding.
Catholic dioceses in the U.S. have paid out at least $1.5 billion to alleged abuse victims, most of this since the scandal broke open nationwide in 2002.
The appeals court found that the church government may be held liable for actions taken in the U.S. based on the Vatican's policies or directives.
"What the court has allowed us to do is proceed against the Vatican for the conduct of the U.S. bishops because of the bishops' failure to ... report child abuse," said William F. McMurry, the attorney for three men who claim they were abused as children by priests in the Louisville, Ky., archdiocese. He is seeking class-action status in the district-court case.
The ruling marks the first time that a federal appeals court recognized that the Vatican could be liable under the Foreign Sovereign Immunities Act, a 1976 law that governs when a foreign nation or its agents can be sued, said Marci Hamilton, a constitutional-law scholar who is part of the legal team in the Louisville case.
"If someone can crack that barrier of immunity, it opens the door to other claims against the Catholic church," says Jonathan Levy, a Washington, D.C., attorney who represents concentration-camp survivors in a suit against numerous parties including the Vatican bank. The Vatican, in that case, prevailed in its claim of sovereign immunity.
Mr. Lena, the lawyer for the Holy See in the Louisville case, said Monday's ruling is a small step and one that is far from establishing whether Vatican policy contributed to thousands of incidents of abuse that have been alleged over several decades. "We're miles away from liability," he said. The ruling is "very incremental."
Yep...we agree.
appears to be the least of the Church’s worries....
Are we supposed to believe you are a member of a Church that is “no different than AIG?”
“They’re not yet “on the hook” because there has been no finding of a “systemic cover-up” in this case.”
head in sand...might want to remove it...there appears to be the “world version”...and the then...YOUR version.
Yes, Jesus set the example. Yesterday when He was quoted setting the example, His example was dismissed as bologna.
There hasn’t been a trial in this case yet. You are the one with the alternative reality.
I have a feeling you have no problem with that though.
Is all that one need do to disrupt a Caucus thread is claim to be a member of that particular Caucus (in spite of their rhetoric)?
You are an egalitarian fraud.
“Already been done and paid, probably many who weren’t victims got paid as well. This is now turning into future income project for lawyers, not unlike asbestos lawsuits. Nothing more than avaricious lawyers and plaintiffs looking for the lottery.”
Hey...I have no sympathy...we make sex offenders register in our State....and EVERYBODY always goes after them first when a kid is missing(and rightly so).
The Church “overlooked” (and I’m being generous)this “problem” for decades.... and they’ll be litigating until all the victims are dead and gone.
If you do not believe what the Church believes, you are not Catholic. Your previous posts on various other threads leave your agreement with Catholic beliefs much in doubt. And if you insist on calling yourself Catholic, please tell us which parish you belong to. Are you a cradle Catholic or a convert? And if you tell us you aren’t attending a Catholic church now, then you are merely a CINO.
Oy vey!
Wow, you’ve never seen that before? The cleric in the left center background is...you guessed it — Cardinal Mahoney!
What a surprise.
I also question whether your posts support the claim that you are “catholic”.
so do you call all those that voted for Obama catholic?
just wondering...
I didn’t vote for the baby killer....but I do think we all need to be aware that church members are first human...and then church members.
There was no excuse for the church hiding and lying about pedophiles. It is right that they pay...and pay...and pay.
The church does a great deal of good...but that does not make them beyond review nor above criticism.
As a matter of fact...it’s our responsibility to do so.
My statement stands.
I doubt that YOU are a Catholic....because that would mean a RESPONSIBLE person...one that actually thinks....not just follows. Jesus gave you responsibility for your church...get on it!
You’ve already proven my post is correct. No need for further effort on your part.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.