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	Supreme Court Reinstates One Catholic School Abuse Lawsuit Lakota Country Times July 4, 2008 http://www.lakotacountrytimes.com/news/2008/0703/local_news/017.html PIERRE - The South Dakota Supreme Court has reinstated a lawsuit filed by some former students who allege they were sexually abused decades ago at an Indian boarding school in Marty on the Yankton Sioux Reservation. But in a second case, the high court on Thursday said two former students at an Indian boarding school in St. Francis on the Rosebud Sioux reservation cannot proceed with their lawsuit because they waited too long to file it. At issue in both cases was a state law that requires a lawsuit seeking damages for childhood sexual abuse to be filed within three years of the alleged abuse or within three years of the time the victim discovered or should have discovered that an injury was caused by the abuse. In the case involving the St. Francis Mission School, the Supreme Court said two former students knew of the alleged abuse and connection to their alleged injuries more than three years before they filed their lawsuit. That means a circuit judge handling the case should have thrown out the lawsuit filed by those two former students, the high court said. A circuit judge had dismissed a lawsuit filed by former students of the St. Paul's School in Marty after ruling they waited too long to sue. Nine students appealed, and the Supreme Court said the religious organizations that ran the school have not established that eight of the students had discovered that their alleged injuries were caused by abuse at the school. The high court's ruling reinstated the lawsuit involving St. Paul's School for eight of the former students. Gregory Yates, the lawyer representing the former students, said he is pleased that the former students involved in the lawsuit against the St. Paul's School will be able to continue their legal battle. "The good news is that these people are moving toward having their day in court, and that is a huge victory for children who are victims of sexual abuse, many of whom are now adults," said Yates, who is based in Los Angeles but also has an office in Rapid City. The legal battle started in 2003 when former students at Indian boarding schools filed a federal lawsuit seeking $25 billion in damages from the federal government for the alleged mental, physical and sexual abuse of students at the schools. The boarding schools were run by religious organizations from the late 1800s or early 1900s until the 1970s, when most were closed or transferred to tribal control. After the federal lawsuit was dismissed, the former students filed two similar lawsuits in state court. The students allege that the religious organizations were negligent in hiring, retaining and supervising staff and failed to protect students. The lawsuit involving St. Paul's School in Marty was filed in Sioux Falls. It seeks damages from the Catholic Diocese of Sioux Falls; Blue Cloud Abbey of northeastern South Dakota; Sisters of the Blessed Sacrament, based in Pennsylvania; and Oblate Sisters of the Blessed Sacrament of Marty. The second lawsuit, involving the St. Francis Mission School on the Rosebud Sioux Indian Reservation, was filed in Rapid City. It seeks damages from the Catholic Diocese of Rapid City; the Wisconsin Province of the Society of Jesus; and the Sisters of St. Francis, based in Denver. In the Rapid City case, the Sisters of St. Francis argued that two former students waited too long to sue, but Circuit Judge A.P. Fuller refused to dismiss the lawsuit. The Supreme Court said the two students waited too long to go to court because they knew more than three years before the lawsuit was filed that there was a connection between their injuries and the alleged abuse. Lloyd One Star wrote a letter in 2001, more than three years before the state lawsuit was filed, describing the alleged abuse and its effects on him, the Supreme Court said. Marian Sorace also had noticed more than three years before the lawsuit was filed that her anger management problem was related to the alleged abuse at the school, the high court said. She said she recalled the abuse in 1995, when she was also advised of the connection between the alleged abuse and her problems, the justices said. In the Rapid City case, another five former students are still pursuing their claims against the organizations that ran the St. Francis Mission School. The lawsuit against St. Paul's School was filed by 72 former students, but Circuit Judge Bradley Zell of Sioux Falls dismissed the lawsuit after ruling that the lawsuit was filed too late. Nine former students then asked the Supreme Court to reinstate the lawsuit. The Supreme Court sent the case back to circuit court for further proceedings. The high court said even though the four religious organizations had demonstrated that some students were aware of the abuse more than three years before the lawsuit was filed, the organizations failed to establish that eight of the students also discovered or should have discovered their injuries were caused by the alleged abuse. The Catholic Diocese of Sioux Falls had argued that it should be dismissed from the lawsuit because the diocese never had control or supervision of St. Paul's school. The Supreme Court declined to rule on that issue because the circuit judge has not yet ruled on it.
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