Duluth: Judge limits two sex abuse lawsuits against Catholic diocese

By Tom Olsen
Pioneer Press
March 18, 2014

http://www.twincities.com/localnews/ci_25363333/duluth-judge-limits-two-sex-abuse-lawsuits-against

A judge Monday tossed out portions of two lawsuits seeking to force the Diocese of Duluth to release documents detailing child sexual abuse cases.

Sixth Judicial District Judge David Johnson ruled that the plaintiffs cannot pursue the release of the documents through private and public nuisance claims. Counts charging the diocese with negligence in its handling of sex abuse cases will remain open.

The decision does not end the plaintiffs' hopes of compelling the release of the documents, but it does eliminate a potential avenue of argument for the alleged victims.

Susan Gaertner, the Minneapolis attorney representing the diocese, said she was pleased by the ruling, but not surprised. The plaintiffs' contentions that the diocese created a nuisance were "creative, bordering on fanciful" and outside the realm of case law, she said.

"It's an important decision because it ensures that the case will be conducted within the confines of established law," she said. "It's important that the court holds everyone to the rules, and that's what this does."

Attorney Mike Finnegan, who represents the plaintiffs for St. Paul-based Anderson and Associates, said he was disappointed in the ruling. However, it will not significantly impact his firm's strategy, he said.

"Overall, this is just one type of legal claim," he said. "It doesn't, in any way, shape or form, affect our mission going forward of getting to the truth."

The suits are two of three filed against the Diocese of Duluth under a new state statute that took effect last May, extending the time period for sexual abuse victims to file civil lawsuits. The alleged victims argue in the suits that the diocese was negligent in allowing the abuse to occur and has created a nuisance by withholding information about accused priests.

The diocese filed a motion seeking the dismissal of the nuisance claims, and Judge Johnson heard arguments from attorneys in January.

In his order Monday, Johnson ruled that the plaintiffs were unable to substantiate the claim that the diocese created either a private or public nuisance. He also denied a motion that would allow the plaintiffs to amend the complaint.

The private nuisance claim is not valid because the claims do not involve real property, Johnson wrote, and the public nuisance claim is not applicable because the harm suffered by the victims is not "different in type or kind from what a member of the general public could suffer."

"Assuming the general public has a right to know the information being concealed, the harms suffered by Plaintiffs as a result of the violation of that public right are not different in kind from the harm suffered by the general public," Johnson wrote.

The diocese on Dec. 31 released a list of 17 of its former priests it considers to be "credibly accused" of sexual abuse, but has rejected calls by victims groups to release complete files on each of the priests.

Finnegan said he will continue to seek those complete files through the negligence claims in the two suits. A third suit naming the Diocese of Duluth was also filed last month in Ramsey County.

Meanwhile, Gaertner and a diocese spokesman said Monday that they hope the diocese can continue its work to be transparent in the handling of sexual abuse cases.

"As we did in voluntarily releasing the names of accused priests last December, we will continue to do all we can to communicate with the public and work to preserve safe environments for young people," spokesman Kyle Eller said in a statement. "We want to assist anyone who has been the victim of sexual abuse and continue to urge victims to come forward to law enforcement and to the diocese."