A case is set to be heard in the coming weeks in the Tennessee Supreme Court, regarding child sexual abuse by a priest, while the Memphis Catholic Diocese has claimed that the statute of limitations has already run, as reported by the Memphis Daily News.
The court, in Jackson, Tenn., will hear the case against the Catholic priest and may make a decision that will alter criteria on priest abuse claims.
N.R., the victim, accuses the diocese of knowing, or should have known, that Reverend M.G. was “a dangerous sexual predator with a depraved sexual interest in young boys.”
N.R. claims that Rev. M.G., while serving as the pastor of the Holy Names parish in North Memphis, sexually abused him.
The abuse occurred in the 1970’s. M.G. died in 2002.
N.R. never filed any criminal charges against M.G.
Because N.R. has never claimed to have repressed memories that surfaced later in his life, the archdiocese wants to have the claim dismissed based on the expired statute of limitations.
In Tennessee, a priest abuse victim has one year after turning 18 to approach the diocese and request whether or not they were aware of any sexual abuse by a priest, and if any, how it was handled. That is when the statute of limitations starts to run.
In this case, N.R. filed his suit in 2008. Now retired, Circuit Court Judge D’Army Bailey, had originally denied dismissing the case based on the rule as he found it to be “harsh”.
The diocese appealed his decision.
Appeals Court Judge David R. Farmer, in the majority opinion, wrote, “Notwithstanding the flood of allegations currently posited against the Catholic church worldwide, whether the church as a whole engaged in a systematic coverup is not our inquiry here. Had Mr. (N.R.) filed a lawsuit upon reaching the age of majority, discovery in that case would have provided a mechanism for him to learn that the diocese had been negligent.”
Judge Holly M. Kirby, an Appeals Court Judge from Memphis dissented. She said the dismissal was “premature.”
She wrote, “Even if Mr. Redwing had filed a lawsuit against the priest when he reached majority, there is a substantial possibility that he would not have discovered that he had a claim of negligent supervision against the diocese.”
A written ruling, after hearing from both sides, is expected at a later time.
Other sexual abuse suits against the diocese, since 2004, maybe be affected by the court’s decision. There are two John Doe civil suits that were both dismissed for the same reason as in the N.R. case.
Another case, that kept the rule in mind, and was filed soon after the victim reached 18, and settled for $2 million – the largest disclosed settlement in a Memphis priest sexual abuse claim.
If you, or someone you hold dear, has been a victim of priest abuse, click here to contact a personal injury lawyer for help - and learn about the laws that govern your state.