John Doe 67C v. Archdiocese of Milwaukee

The Supreme Court released its opinion in this case today. References are to its numbered paragraphs.

2. Doe alleges that Father George Nuedling, a priest of the Archdiocese, sexually abused him during the years 1960-62, while Nuedling served at St. Rita Parish in West Allis, Wisconsin. ...

Significantly

39. None of these paragraphs [of Doe's complaint] alleges that the Archdiocese knew of Doe's [sic: presumably meaning Nuedling's] proclivities as of 1960-62. ...

The court then reviewed Doe's allegations of negligence, fiduciary fraud, and breach of fiduciary duty in detail. Regarding each, the lack of any allegation that the Archdiocese had relevant knowledge at the time of the abuse meant the Archdiocese could not be held liable. The court affirmed the dismissal of Doe's case.

Update: The July 14, 2005 Milwaukee Journal Sentinel reports on reactions to the decision.

From Archbishop Dolan.

"It's difficult for me to ever use terms like victory, or triumph, or win in any situation that regards this tragedy of sexual abuse of minors by clergy," Dolan said. "This is still an area of extreme tenderness. This is an area of deep pain. . . . I think we're making some progress. I think we're seeing some light. I think we're beginning to experience some renewal and some rising from a time of pain and dying, and I want to keep on that pastoral road.

From the other side.

Brookfield lawyer Jim Smith, one of the plaintiff's attorneys, added: "It sounds like the court is inviting a case where a victim can prove the archdiocese . . . transferred a known sex abuser.

Which might well be proved in California cases involving Fr. Widera, transfered there after incidents of abuse here.

There will be a new push for a temporary lifting of the statute of limitations.

The group's [SNAP's] top priority now is to support legislation that would give adult survivors of childhood clergy abuse a window of opportunity in which to file suit, no matter how long ago the abuse happened, he [Peter Isely] said. ...

State Sen. Tim Carpenter (D-Milwaukee) said Wednesday that he and Rep. David Cullen (D-Milwaukee) are preparing to introduce a bill that would provide a one-year or two-year window.

That's bad policy and likely unconstitutional, but all the sympathy will favor it.

Carpenter, who said he was moved by 12 hours of "gut-wrenching testimony" by victims of clergy abuse at a hearing last year, wants the victims to be able to have their day in court.

A July 13, 2005 press release from Peter Isely for SNAP says

Now is the best time for a victim in Wisconsin to file suit-the best time in over 10 years.

As I've said, I cannot understand our Archdiocese's approach to these cases. Its position seems to be that it cannot afford more that $4 million for settlements, and there's no limit to what it will spend to try to stick to that number. Hard to see how that's a "pastoral road." In the meantime, pending cases threaten unfavorable changes in the law by the legislature and the courts. To me it looks more likely than not that our Archdiocese will end up filing for bankruptcy. But even if the Archdiocese's strategy succeeds legally, I can't see how it's worth the cost in scandal and demoralization.

Update: Denise G. Callahan's report in the Wisconsin Law Journal