With Use of 'John Doe' Cases, Lawyer Hopes More Come Forward
By Sean O'Sullivan
News Journal
May 31, 2008
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20080531/NEWS01/805310328
A 58-year-old man who claims he was sexually abused as a child by a priest filed an anonymous lawsuit Friday in Kent County Superior Court against the man he says molested him and against the Catholic Diocese of Wilmington.
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| The Rev. Francis DeLuca |
The "John Doe" civil action, which leaves the claimant unidentified, is believed to be the first of its kind in Delaware in a priest abuse case, according to the man's attorney, Thomas S. Neuberger.
"This case is very important because we are beginning to use John Doe plaintiffs so the victims do not have to identify themselves, add to their injury and suffer public embarrassment in revealing what occurred to them," he said.
Neuberger said he hopes the use of the "John Doe" status will encourage others to come forward before the deadline for filing retroactive abuse lawsuits expires next year.
"John Doe" lawsuits are rare in Delaware but not unprecedented. Two federal lawsuits alleging religious bias by downstate school districts included "Doe" plaintiffs who claimed they would face persecution and retaliation if their names were revealed.
Neuberger said under Delaware law, as long as a plaintiff states a legitimate reason for wanting anonymity, it is permissible.
According to the suit, Doe was abused by the now-retired Rev. Francis DeLuca at St. John the Beloved Church from 1961 to 1964 when he was an altar boy and DeLuca was an assistant pastor.
Doe is a married Marine Corps veteran who has been diagnosed with post-traumatic stress disorder, according to Neuberger, and suffers a variety of conditions including alcoholism as a result of his childhood abuse.
He is asking the court to allow him to proceed under the name "John Doe" to avoid further humiliation for himself and his family.
JUDGE SAYS NO CLIENT PRIVILEGE
In a separate priest abuse lawsuit, a state court judge has ruled there is no psychotherapist-client privilege in cases involving child abuse.
Superior Court Judge Robert B. Young made the decision in a civil suit filed by Kenneth Whitwell against Archmere Academy and the Rev. Edward J. Smith.
Whitwell's attorney, Thomas Neuberger, said it was a significant ruling because it potentially opens access to a number of medical records in other priest abuse cases.
Delaware psychotherapist Alice M. Colon said the ruling was not a surprise to her and she has long told clients that there is no confidentiality when it comes to child abuse cases.
Young held that while there is usually a recognized protection for doctor-patient conversations, "the protections are not without limits."
In this case, Young ruled it was clear that the Delaware Legislature made an exception to that privilege in cases involving child abuse.
In a separate priest abuse lawsuit, a state court judge has ruled there is no psychotherapist-client privilege in cases involving child abuse.
Superior Court Judge Robert B. Young made the decision in a civil suit filed by Kenneth Whitwell against Archmere Academy and the Rev. Edward J. Smith.
Whitwell's attorney, Thomas Neuberger, said it was a significant ruling because it potentially opens access to a number of medical records in other priest abuse cases.
Delaware psychotherapist Alice M. Colon said the ruling was not a surprise to her and she has long told clients that there is no confidentiality when it comes to child abuse cases.
Young held that while there is usually a recognized protection for doctor-patient conversations, "the protections are not without limits."
In this case, Young ruled it was clear that the Delaware Legislature made an exception to that privilege in cases involving child abuse.
At this point, his name is being withheld in public records, but it has to be provided to the defendants at some point. Neuberger said that already has been done.
Neuberger added that he expects to resolve the matter out of court with a settlement.
Anthony Flynn, an attorney for the diocese, agreed, noting they are familiar with both the victim and DeLuca.
"We are going to investigate the claim but once we complete that, we will try to get the case resolved without the need to formally litigate the matter," he said.
The diocese has already settled -- and issued an apology -- in at least one other lawsuit involving DeLuca, filed by Robert Quill of Florida.
DeLuca also was convicted in New York in 2007 of abusing a child and was sentenced to 60 days in prison.
An attorney for DeLuca could not be reached Friday.
If the case went to trial, Neuberger said it is possible -- but not a certainty -- that his client's identity would have to be revealed.
According to the suit, DeLuca abused "John Doe" some 40 times including incidences at St. John the Beloved on Milltown Road and at hotels during trips to Salisbury, Md., Baltimore and New York City. In one instance, according to the lawsuit, a naked DeLuca climbed on top of the boy as he was trying to sleep.
Neuberger alleges, as has been charged in other priest abuse suits, that the Catholic Diocese was aware of abuse allegations against the priest but chose to cover them up and move the alleged abuser from place to place.
While the events in the lawsuit occurred in New Castle County, and John Doe is a New Castle County resident, Neuberger said they filed the lawsuit in Kent County to keep all the DeLuca cases in front of the same judge.
Neuberger said he expects to file more lawsuits in the coming weeks related to DeLuca, possibly using the "John Doe" status.
Friday's lawsuit and several other recent civil actions were filed under the Delaware Child Victim's Act of 2007, which created a two-year window for past victims to come forward before a statute of limitations deadline is reimposed.
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