Judge won’t dismiss church sex-abuse suits

A dozen lawsuits against the Roman Catholic Diocese of Spokane alleging clergy sexual abuse now will move forward after a judge on Thursday rejected the diocese’s motion to dismiss them.

Spokane County Superior Court Judge Kathleen O’Connor’s decision came almost a month after Judge Maryann Moreno made the same ruling in a similar case.

Four months ago, the Spokane diocese filed a motion for summary judgment for 12 lawsuits, arguing that a state law allowing victims to file suit years after alleged abuse should be considered unconstitutional for incidents that occurred before 1988, when the law was passed. Diocese officials said they simply wanted the law to be clarified; approval of the motion, however, would have thrown out lawsuits filed on behalf of more than 40 victims of clergy sex abuse.

“It’s a victory for victims and victims’ advocates,” said Michael Pfau, one of the attorneys representing the victims. “With these motions behind us, the plaintiffs can finally move forward with the jury trials.”

The diocese can appeal the judge’s decision by filing a motion for discretionary review within 30 days. However, a court commissioner would have to decide if it has grounds for appeal. The diocese can also wait to appeal the decision after the jury trial.

It’s not clear whether or when the Diocese of Spokane will appeal the ruling. In a statement, the Rev. Steve Dublinski said that the diocese will need time to evaluate its course of action. “All options will have to be weighed in light of the bishop’s overall goal to get all parties to the table to reach a meaningful resolution of legitimate claims,” he said.

The vicar general said that plaintiffs’ attorneys have wrongly portrayed the motion as a “win-or-lose situation.” That’s not the case from their perspective, Dublinski said. Rather, the ruling “will help all parties, including plaintiffs, insurance companies and the diocese, to move forward with meaningful negotiations that result in resolutions of claims – resolutions that are fair and within our means.”

The diocese tried to dismiss the lawsuits against it by questioning the constitutionality of the statute of limitations. Before 1988, victims of childhood sex abuse could no longer file claims if they were older than 21. That year, legislators agreed that victims are often silenced by the abuse they endure and don’t recognize the scars that linger into adulthood. So the Legislature changed the statute of limitations, allowing victims to file suits years later. If a victim blots out memories of abuse but later remembers it, or realizes the harmful effects of the molestation, he or she then has three years from the time of figuring it out to file a suit.

Last month in O’Connor’s courtroom, diocese attorney Greg Arpin argued that the law should not be applied retroactively to alleged abuse that happened before 1988. Retroactively reviving claims deprives an individual of a “vested right” to defense, he said.

In her decision, O’Connor ruled that based on case law, the diocese does not have a ‘vested right’ as a matter of due process.” She also denied the diocese’s motion on the basis of a violation of the separation of powers.

“Statutes of limitations are creatures of the Legislature,” O’Connor wrote. “While the court retains its role in the interpretation of their applicability, it is the Legislature’s role, as a matter of public policy, to set the boundaries of such statutes.”

O’Connor’s decision affects 16 victims represented in six lawsuits. (The wife of one of the victims is also named as a plaintiff in the suit.) One of those victims was allegedly abused by the late Joseph Sondergeld; two were allegedly molested by Reinard Beaver; three were alleged victims of the late Joseph Knecht; and 10 were allegedly abused by James O’Malley.

The Spokane Diocese is currently the defendant in 17 lawsuits representing about 50 victims. The first of these suits – a case involving three brothers who were allegedly abused by Patrick O’Donnell – is scheduled for trial on Nov. 29. A second case involving 10 more alleged O’Donnell victims is slated for Jan. 3. More lawsuits are expected to be filed against the diocese in the future. So far, the diocese has made “no serious settlement overtures,” said Pfau.

He and other victims’ advocates have criticized the diocese for filing the motion for summary judgment in the first place. “The money should be spent compensating victims, not moving to dismiss legal claims,” he said.

In his statement, Dublinski emphasized that Bishop William Skylstad and the Diocese of Spokane “continue to urge those wounded by abuse to come forward.” He said that the diocese will continue to provide counseling in order to bring about healing in their lives.

On Thursday, those affected by O’Connor’s long-awaited decision were elated. “I’m so pleased and happy,” said Michael Shea, who was allegedly abused by Beaver when he was 15 years old. “This is a big step in our journey toward justice.”