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	Will Victims of Pedophile Priests Be Allowed to Sue? The Archdiocese Says the Cases Are Too Old. a Judge Is Expected to Decide Within a Few Months By John Shiffman Philadelphia Inquirer September 19, 2006 http://www.philly.com/mld/inquirer/news/local/states/pennsylvania/ counties/philadelphia_county/philadelphia/15551724.htm A federal judge heard arguments yesterday on whether victims of pedophile priests can sue the Catholic Church under federal racketeering and civil-rights laws. U.S. District Judge Legrome D. Davis did not rule on efforts by the Archdiocese of Philadelphia to dismiss the case. His written decision is expected within a few months. During the arguments, a church lawyer called the abuses "tragic" and said they had prompted "forgiveness and prayer." But church lawyer C. Clark Hodgson Jr. also said the allegations, "no matter how worthy they may seem to be," came "from a different era, many years ago." Thus, as a matter of law, they are too old and the case must be dismissed, Hodgson said. He also argued that racketeering lawsuits can be brought only when someone has suffered a business or property loss, not a personal injury. No other federal court, he told Davis, has permitted such a racketeering case to proceed toward trial. "It's unprecedented," he said. The lawyer for the victims, Stewart J. Eisenberg, argued that the case was unusual because senior church officials conspired for decades to hide the abuse. "These are not everyday claims," Eisenberg said. The victims, whose allegations date from 1956 to 1985, had been unsuccessful in state courts, which ruled that their cases were too old - that the statute of limitations had long since run out. But Eisenberg cited last year's Philadelphia grand jury report, saying it contained evidence of a massive coverup by church officials who protected abusive priests instead of their underage victims. Victims couldn't have sued in state court, Eisenberg said, because they didn't learn about the coverup until the grand jury report came out. The 418-page report identified 63 priests who abused hundreds of children over several decades. It said that Cardinals John Krol and Anthony Bevilacqua "excused and enabled" abusive priests, concealing their identities and crimes from parents, other priests, and law enforcement officials. The case names Bevilacqua and Krol's estate as codefendants, along with Cardinal Justin Rigali. The lawyer called the church coverup "at least as immoral as the abuse itself." The church's motion argues that the plaintiffs have long known they were victims: "Plaintiffs' personal injuries stem from acts that occurred from 1956 to 1985," the church argues. "Because the abuse itself constitutes a battery that is inherently knowable the moment it occurs, plaintiffs knew or should have known of their injuries at the time of the alleged abuse." In response, the victims' lawyer stressed that the lawsuit did not target the individual priests but the church officials who participated in the coverup. Eisenberg has sought class-action status for the victims, but Davis has not ruled on that request. Contact staff writer John Shiffman at 215-854-2654 or jshiffman@phillynews.com.
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