Attorneys for the La Crosse Roman Catholic Diocese are asking the courts to toss out a sex abuse lawsuit, as reported by the La Crosse Tribune, because the complaint is based on misrepresentation of a witness, and the plaintiff’s attorney is allegedly defrauding the court.
The lawsuit is based on sexual acts against a minor girl – that occurred over 40 years ago.
The La Crosse County Circuit Judge Scott Horne denied the diocese’s previous motion made this last March. The diocese is looking to have a Plover, Wis., woman’s lawsuit – where she has alleged that diocese officials knew that one of their priests had a history of molesting children before she became his victim in 1971 – dismissed.
James Birnbaum, attorney for the diocese, has argued that the plaintiff’s law firm, Jeff Anderson & Associates, “has perpetrated a fraud against the court.” Birnbaum wrote, “Its willingness and ability to manufacture a fraud complaint against the Diocese illustrates the dangerousness and inequity of permitting 40-year-old claims to be pursued.
Their fraud on this Court not only requires dismissal of the complaint ... but it warrants sanctions against plaintiff's counsel as well.”
Birnbaum has also requested that the court suspend discovery – discovery is the process where each side reviews the other’s evidence and interviews witnesses. He has asked that the judge rule on the fraud motion first.
Mike Finnegan, the plaintiff’s attorney, stated that he had not seen the motion so he could not comment on it.
The victim, B.V., now 48, alleged that she met Rev. R.B., now deceased, in 1971 during a family’s wedding at his church. After their initial encounter R.B. began to visit her and bring her gifts.
He then brought her into his home and molested her on and off for a year.
She alleged that R.B.’s housekeeper discovered them in a bedroom and that was when the abuse came to an end.
The woman was in third grade at the time.
R.B. was removed from the ministry in 2004 by the diocese as they had found B.V.’s allegations credible. Per his attorney at the time, R.B. did not admit to abusing the victim.
R.B. died two years later.
B.V.’s lawsuit details that the diocese was well aware of R.B.’s history as a molester. Then-Bishop F.F., she alleges, knew that R.B. had a proclivity for young girls before he assigned him to St. Michael’s Parish in Hewitt, Wis., 1968.
B.V. has stated in her suit that church member, M.W., claimed his wife was a witness to R.B. “touching a little girl inappropriately in the church sacristy.” The complaint also cites that this information was divulged to the bishop, and the nuns, at the parish and school.
M.W., 78, signed an affidavit on May 4 that read that it was his mother that reported seeing the girl in the sacristy on R.B.’s lap – his arms around her waist – but that his mother did not report seeing any sexual contact.
Being abused by a member of the clergy can be an ever-lasting painful memory no matter how many years have gone by. Contact a personal injury lawyer from our directory to help you with discretion and care.