December 22, 2004

Michigan appeals court: Statute of limitations expired on church sex abuse case

LANSING (MI)
MLive.com

12/22/2004, 1:27 p.m. ET
By TIM MARTIN
The Associated Press

LANSING, Mich. (AP) — The statute of limitations has expired on a sexual abuse claim against a former Roman Catholic priest and the Archdiocese of Detroit, the Michigan Court of Appeals said in a ruling released Wednesday.

The Wayne County case, filed by a plaintiff identified only as John Doe, stemmed from allegations of sexual abuse from 1972 to 1976 against Robert Burkholder. The case later was amended to cover another claim of sexual abuse from 1983 in Hawaii.

The alleged abuse took place while the plaintiff and his family attended Immaculate Heart of Mary parish in Detroit.

The suit was filed in December 2002. A county judge ruled last year that the case could go forward, but the court of appeals reversed that decision.

"While we are thoroughly sympathetic with the plight of sexual abuse victims, especially those victimized by Catholic priests, our courts are constrained to correctly apply statutes of limitation and their exceptions in every case," the appeals court majority said in its decision.

Posted by kshaw at December 22, 2004 03:48 PM