Wednesday, September 12, 2007
Archdiocese faces new sex abuse suit
Marie Rohde, with David Doege, reports in the Milwaukee Journal Sentinel.
Civil Jury Instruction 2401 describes the five elements of intentional deceit. The first is that the defendant made a representation of fact.
I doubt that the relationship between the bishop, clergy, and paid staff and every member of the Church is a legal relationship of trust. It is common, at least in some contexts, for such Church leaders to omit information when trying to advance or defend their position. For example, people would go to prison if they sold stock the way they sometimes sell liturgical innovations.
That's where the fourth element, that the misrepresentation was made intending pecuniary damage to the plaintiff, comes in. It's another stretch to say that abusing priests were shuffled around with that intent. No one had reason to expect that this would cost parishioners money; maybe their souls, but not money.
Not even the boilerplate that "The Archdiocese of Milwaukee is committed to helping victims/survivors of sexual abuse and to protecting children." ¶ 9/12/2007 06:59:00 AM
The lawsuit, which seeks unspecified damages, brings to eight the number of allegations brought in Wisconsin against the Catholic Church under the narrow conditions permitted in a July ruling by the Wisconsin Supreme Court. The lawsuits all allege fraud, saying the church knew that these priests had histories of misconduct and allowed them to function in the state without warning congregations or others to the dangers.
Civil Jury Instruction 2401 describes the five elements of intentional deceit. The first is that the defendant made a representation of fact.
Representations of fact do not have to be in writing or by word of mouth, but may be by acts of conduct ... or even by silence if there is a duty to speak. A duty to speak may arise ... where there is a relationship of trust or confidence between the parties.
I doubt that the relationship between the bishop, clergy, and paid staff and every member of the Church is a legal relationship of trust. It is common, at least in some contexts, for such Church leaders to omit information when trying to advance or defend their position. For example, people would go to prison if they sold stock the way they sometimes sell liturgical innovations.
That's where the fourth element, that the misrepresentation was made intending pecuniary damage to the plaintiff, comes in. It's another stretch to say that abusing priests were shuffled around with that intent. No one had reason to expect that this would cost parishioners money; maybe their souls, but not money.
Kathleen Hohl, speaking for the archdiocese, said Tuesday that church officials had not seen the lawsuit and thus had no comment.
Not even the boilerplate that "The Archdiocese of Milwaukee is committed to helping victims/survivors of sexual abuse and to protecting children." ¶ 9/12/2007 06:59:00 AM
Comments:
<< Home
Of course, Jim Smith will represent that the 'pecuniary' damage was the amount of the proposed settlement.
Elemosynaros-in-absentia, to mangle a couple of languages.
Post a Comment
Elemosynaros-in-absentia, to mangle a couple of languages.
<< Home
