In a landmark decision a U.S. federal judge has ruled that a Mexican citizen can file a clergy abuse lawsuit against a priest – who is also a Mexican citizen – in the U.S., though the abuse occurred in Mexico, as reported by the Associated Press and others.
The lawsuit will be allowed in U.S. court against the Roman Catholic Archdiocese of Los Angeles.
Church attorneys sought a dismissal of the case, by stating that the U.S. courts have no jurisdiction in the matter, but U.S. District Judge Josephine Staton Tucker denied their motion.
The attorney for the archdiocese, Michael Hennigan, claims that the case has no merit and expected it to be eventually dismissed.
The lawsuit was filed under the Alien Tort Claims Act of 1789. It alleges that then-Cardinal Roger Mahoney, now retired, conspired with the Mexican Diocese of Tehuacan, Norbert Rivera, to protect the Mexican priest and avoid authorities in both Mexico and the United States.
Norbert Rivera is now the cardinal for the Archdiocese of Mexico City.
It is alleged, per the plaintiff’s attorney, Jeff Anderson, that the priest not only abused his client but upwards to 60 more children in Mexico. Prior to that, the priest, while working in Los Angeles, was sought by authorities in 1998 for suspected molestations.
There are 10 causes of action in the complaint – that include rape and crimes against humanity – under the 222-year-old act. The suit also lists the Tehuacan diocese, and both Mahony and Cardinal Rivera as defendants.
When Reverend Nicholas Aguilar Rivera was sent from Mexico to Los Angeles, on a temporary assignment in 1987, a year later two Los Angeles altar boys accused him of molestation.
Aguilar Rivera fled the country, returning to his home in Mexico, before authorities could apprehend and charge him.
Cardinal Norberto Rivera and Aguilar Rivera are not related.
The lawsuit claims that the cardinal had asked Mahony to take Aguilar Rivera in. Later, it has been alleged, that a letter revealed that this was due to Aguilar Rivera being badly beaten in Mexico.
Allegedly, the reason for the beating was due to his homosexuality.
Mahony has denied ever receiving letters regarding Aguilar Rivera from the Mexican bishop.
In 2009 Aguilar Rivera was defrocked and has been hiding out, possibly in a car in Puebla, near central Mexico.
U.S. authorities have wanted Aguilar Rivera on 19 felony counts of lewd conduct ever since he fled to Mexico.
Anderson said of the ruling and its scope, “This does open a door that has never been opened before.”
On the other hand, Hennigan said, “We think the court is suggesting — and we agree — that this needs to be addressed on the merits of the case and we will attempt to do that.”
If you or someone you hold dear, has been the victim of abuse by a member of the clergy, contact a personal injury attorney in our directory for confidential assistance with your case. Many times monetary compensation can be awarded for your pain and suffering.