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Some Allegations Are Struck In Sex Abuse Suits Against Diocese

By Howard M. Friedman

In four decisions on motions to strike portions of the pleadings in pending sexual abuse lawsuits against the Hartford Catholic Diocese, a Connecticut trial court has concluded that most of the allegations can be decided by applying neutral tort principles. The suits seek to hold the Diocese responsible for abuse carried out by two priests. However the court agreed with defendant that ruling on several of the allegations of negligence would involve a constitutionally impermissible examination of internal church governance and clergy employment decisions.

The court struck allegations that the Diocese failed to adequately evaluate the mental fitness of the abusers to serve as Catholic priests and that it induced the Catholic faithful to entrust their children's moral and spiritual well being and safety to priests and then failed to protect the children from sexual abuse. The court said that these claims would require the it to delve into Church doctrine or religious practices. The court also concluded that one child does not have a cause of action based on the Diocese's failure to report suspected abuse of another child. The cases, all decided by the Waterbury (CT) Superior Court on Feb. 24, 2009 are: Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 575; Cerninka v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 581; Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 560; and Mallory v. Hartford Roman Catholic Diocesan Corp., 2009 Conn. Super. LEXIS 590.

Full post as published by Religion Clause on April 03, 2009 (boomark / email).