OMAHA (NE)
WOWT - NBC 6 [Omaha NE]
July 26, 2024
By 6 News staff
Nebraska Supreme Court handed down decision on Friday
In a ruling issued Friday, a former associate priest in the Archdiocese of Omaha lost his appeal to the Nebraska Supreme Court.
Father Andrew Syring sued in October 2020 after he was removed from his position for what the archdiocese claimed were significant boundary violations with young adults and minors.
Syring sued for more than $2 million claiming he did nothing wrong and was denied due process.
In its conclusion on Friday, the Nebraska Supreme Court found no error in a lower court’s dismissal of all pending claims against the archdiocese and therefore dismissed all of Syring’s claims.
An allegation of wrongdoing was made against the priest in 2013. Syring described the archdiocese as following standard procedure and had the allegation thoroughly investigated by law enforcement and a retired federal agent.
No wrongdoing was identified.
Still, Syring’s complaint pointed out that he was evaluated at two treatment facilities where it was determined that he had a “normal profile” and that he was “not a pedophile,” not antisocial, not predatory, did not have a sexual disorder, was not homosexual, was not a narcissist, did not have a sexual disorder, and was not an exploiter.
It further determined that there was no indication that he would want to hurt anyone. So, he was found fit to serve in public ministry and returned to service.
Syring served in public ministry for more than four years without incident.
In November 2018, Archbishop George Lucas publicly released the names of 38 clergy who had “substantiated allegations of sexual abuse of minors or misconduct with minors since 1978.” The controversial action was intended to provide victim outreach and transparency. Archbishop Lucas promised to hold appointed clergy to a high standard.
Despite the findings and his otherwise clean record, Syring’s name was included on the list, which is still on the archdiocese’s website.
In a 2020 interview, his attorney, Lyle Koenig, told 6 News: “When the archdiocese placed his name on a list of priests who were credibly accused of sexual criminal misconduct, they in effect convicted him without the benefit of a trial, without the benefit of him being able to present evidence, without him being able to confront and cross-examine witnesses against him, and in effect, he’s been convicted without a trial.”
Syring sued the archdiocese in fall 2020 and later filed amended complaints, alleging the archdiocese was liable for defamation, tortious interference with prospective employment opportunity and defamation, slander-per se, breach of fiduciary duty, intentional infliction of emotional distress, and other claims.
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Friday’s ruling noted that the archdiocese’s answers to the allegations were not at issue. Instead, the issue was whether the allegations were not allowed due to three factors including a statute of limitations of one year.
The list was initially published on Nov. 30, 2018. Syring filed his action in 2020. A lower court rejected Syring’s argument that the new limitations periods were triggered when the list was republished on Oct. 2, 2020, with an additional name. The Nebraska Supreme Court ruled Friday that in Nebraska, actions for libel or slander apply to a single publication rule so the Nov. 30, 2018, publication stood.
The archdiocese also argued that some of Syring’s claims were constitutionally barred because they implicated religious doctrine and church personnel decisions. A lower court agreed and dismissed the claims. The Nebraska Supreme Court found no error in that decision.
For the third and final factor, the archdiocese argued against Syring’s claims of intentional infliction of emotional stress. A lower court, the district court, agreed that Syring failed to demonstrate any medical opinion to establish a cause or extent of any emotional distress.