BishopAccountability.org
	Ohio's High Court Reaffirms Time Limit to File Abuse Cases By David Yonke Toledo Blade June 1, 2006 http://toledoblade.com/apps/pbcs.dll/article?AID=/20060601/NEWS02/606010424 COLUMBUS - The Ohio Supreme Court yesterday overturned a 2005 appeals court ruling that had allowed a man to sue the Cincinnati Catholic Archdiocese for sexual abuse that occurred more than 20 years earlier. The 4-3 decision reaffirmed the Supreme Court's previous rulings that a minor who is sexually abused has two years after reaching the age of majority, normally age 18, to file claims against the employer of the abuser. The Shelby County case had been closely watched by victims of clerical sexual abuse statewide because it was the first time that an Ohio appeals court had ruled in favor of the victim in terms of the statute of limitations. The ruling follows an Ohio law enacted last month that extends the statute of limitations to 12 years after a victim turns 18, but without a retroactive provision sought by victims' advocates. "I'm very disheartened. I'm just heartsick for my clients," said Catherine Hoolahan, a Toledo attorney who has represented more than a dozen victims of clerical sexual abuse. "The archdiocese of Cincinnati never argued that none of this took place, never responded to the allegations, never filed answers to the complaints. Their sole response has been, 'Tough noogies, you're too late,'??" she said. The 38-year-old plaintiff, filing anonymously as John Doe, sued in Shelby County Common Pleas Court in 2004 alleging that he was molested between 1980 and 1983 when he was 12 to 15 years old by Cincinnati priest Thomas Hopp. Hopp admitted in 2002 that he abused the victim and immediately was removed from ministry, a spokesman for the Cincinnati archdiocese said. The Shelby County court granted the archdiocese's motion to dismiss the civil suit, ruling that the statute of limitations had expired two years after the victim turned 18, which was in 1986. Last year, the Third District Court of Appeals reinstated Doe's suit, saying that the statute of limitations did not begin until 2002, when the victim discovered that Hopp had abused other minors. The appeals court also said Doe was not barred by a five-year statute of limitations from asserting a claim against the archdiocese under Ohio's civil RICO law. The Third District Court's decision was in conflict with rulings by other Ohio courts of appeals and the Supreme Court agreed to hear the case to resolve the conflict. "It was a decision that will add certainty to the law," said Thomas Pletz, a Toledo attorney with Shumaker, Loop & Kendrick who represents the Toledo diocese. "I hope it will encourage victims to seek reconciliation and counseling." Ms. Hoolahan said she hoped that the Toledo diocese would continue to mediate cases of alleged victims even if statutes of limitations had expired. Sally Oberski, director of communications for the Toledo diocese, said that "no matter what the law says, we continue to support victims through counseling and outreach and continue to encourage victims to come forward with their allegations." Contact David Yonke at: dyonke@theblade.com or 419-724-6154. Recent Related Articles • Misuse of Judicial Discretion | March 23, 2006 • Ohio's Top Court Weighs Time Limits in Clergy Sex-Abuse Suits | January 26, 2006 • The Bishops' Stone Wall | December 21, 2005 • Activists Urge Bishop Blair to Testify before House Panel | December 13, 2005
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.