By Judy L. Thomas
Kansas City Star
October 6, 2011
http://www.kansascity.com/2011/10/06/3191292/plaintiffs-say-diocese-violated.html
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| Bishop Robert Finn left the Jackson County Criminal Justice Center last month after testifying before a grand jury investigating the case of a priest facing state and federal child pornography charges. |
The Diocese of Kansas City-St. Joseph and Bishop Robert Finn have violated terms of a 2008 settlement with victims of priest sexual abuse, putting children in danger, a lawsuit filed today alleges.
The breach of contract suit — filed in Jackson County Circuit Court by 42 of the 47 plaintiffs from the 2008 case — claims that the diocese and Finn have failed to abide by some of the settlement’s terms that were designed to protect children from abuse. The suit does not seek damages but asks a judge to force the diocese to go to arbitration to ensure that it complies with the reforms agreed upon three years ago.
Rebecca Randles, a Kansas City attorney representing the plaintiffs, said the “2008 settlement is the gold standard for nonmonetary commitments in a sexual abuse lawsuit.
“But now we’re wondering, when diocesan officials shook our hands, did they ever intend to fully comply?”
The diocese issued a statement in response to the lawsuit, noting that the bishop implemented a five-point plan in June and commissioned an internal investigation to address the concerns. The diocese also said as recently as June it published and posted online a comprehensive accounting of how it was complying with the settlement.
“With the announcement of Bishop Finn’s Five-Point Plan on June 9, 2011, the diocese has implemented changes and reforms that guide its response to reports of child sexual abuse,” the statement said. “In addition to commissioning and making public an independent investigation completed by former U.S. Attorney Todd Graves, the diocese has put in place an unequivocal process to respond to any report of misconduct or inappropriate behavior by clergy, employees or volunteers.
“Appointed in July 2011, an Ombudsman receives confidential reports, ensures that law enforcement is notified, conducts an investigation, and presents findings to the Independent Review Board. The Independent Review Board makes recommendations to Bishop Finn about the continued suitability for ministry or employment of any person accused of wrongful conduct.”
The lawsuit, announced by the Survivors Network of those Abused by Priests at a news conference outside Our Lady of Perpetual Help (Redemptorist) Catholic Church at 3333 Broadway, stems from a sexual abuse case filed several years ago against 12 priests or former priests in the diocese. A $10 million settlement was reached in 2008 that included 19 nonmonetary commitments, such as establishing victims’ advocacy programs, immediately reporting any abuse or suspicion of abuse to law enforcement authorities, and defrocking several priests who had been accused of abuse.
After the Rev. Shawn Ratigan was arrested in May on child pornography charges, some of the plaintiffs sent a letter dated June 8 to diocesan officials, asking for proof that the diocese had complied with a number of the agreed-upon reforms. The diocese responded in a June 20 letter, saying it “has complied with and continues to comply with each of these items.”
Not satisfied, the plaintiffs then demanded in a June 22 letter that the case go to arbitration before the original arbitrator, saying that “evidence strongly suggests the diocese is violating those commitments and breaching their 2008 agreement.”
As part of the settlement, both sides had agreed that all disputes would be handled by an arbitrator.
The diocese responded on July 7, denying that the 2008 agreement provided for arbitration in front of the original arbitrator, the lawsuit says.
The new lawsuit alleges that the diocese failed for almost a year to report allegations and concerns about Ratigan to police; withheld evidence of possible child pornography from law enforcement for months; kept another credibly accused priest in a parish for nearly two years; and kept no records of abuse reports to law enforcement. The suit cites numerous examples from the Graves investigation, which in August found that diocesan leaders failed to follow their own policies and procedures in responding to reports of child sexual abuse.
The investigation reported that “individuals in positions of authority reacted to events in ways that could have jeopardized the safety of children in diocesan parishes, schools and families.”
To reach Judy L. Thomas, call 816-234-4334 or send email to jthomas@kcstar.com
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