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Ichingcarpenter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:25 PM
Original message
Sixth Circuit: Vatican Can Be Sued for Sexual Abuse
Source: WSJ

The sexual-abuse litigation that has raged for years against the Catholic church just got a lot more interesting.

In a landmark ruling yesterday, the Sixth Circuit concluded that the Vatican could be held liable for negligence in sexual-abuse cases filed in the U.S. It is the first time a circuit court reached that conclusion, and the opinion is considered a breakthrough by those allegedly abused by priests. Here’s the WSJ story.

Catholic dioceses in the U.S. have paid out more than $3 billion to alleged abuse victims, most of that coming since the scandal broke open nationwide in 2002.

The Sixth Circuit ruling came in a Kentucky case filed by three men who claim they were abused as children by priests. The Vatican claimed the suit was barred under the Foreign Sovereign Immunities Act.

The circuit court concluded that the Vatican was a foreign state, eligible for immunity. But, the court held, the plaintiffs could still sue the Vatican under an exception to the Sovereign Immunities Act, which allows suits that assert damages caused by the “tortious act” of a foreign state or any of its officials or employees.

Read more: http://blogs.wsj.com/law/2008/11/25/sixth-circuit-vatican-can-be-sued-for-sexual-abuse/
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CatholicEdHead Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:27 PM
Response to Original message
1. I bet this gets appealed for many years to come, even to the SCOTUS
And the State Department will also get involved as it deals with relations with a foreign country.
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:29 PM
Response to Reply #1
4. The Vatican could waive those things...
...if it just decided to do the right thing.
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CatholicEdHead Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 06:08 PM
Response to Reply #4
32. Not likley
since the current Vatican makeup is going farther and faster backwards each day. Discussion and debate in the Church will eventually be totally stifled at all levels (we are pretty close to that spot today in many parts of the country).
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Ichingcarpenter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:34 PM
Response to Reply #1
10. How many Catholic Supreme Court Justices must Recuse themselves from the case ?
Justice Roberts, Justice Scalia, Justice Kennedy, Justice Thomas and Justice Alito
might find a conflict of interest.
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:28 PM
Response to Original message
2. Hell yeah! The hammer of justice falls!
:woohoo:
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:28 PM
Response to Original message
3. "Negligence" my ass. It's complicity or being an accessory after the fact at the least. n/t
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:29 PM
Response to Reply #3
5. Negligence is included within intentional misconduct,....
...but usually has a longer statute of limitations. And it is easier to prove.
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:31 PM
Response to Reply #5
7. Ahhh... that makes sense then. Thanks! n/t
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hedgehog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:38 PM
Response to Reply #3
14. I fully agree. I can understand the cover-ups that happened before
about 1980. We were all pretty dumb about sexual abuse back then. There was a big scandal about 1980 when people first started stepping forward. Most state legislators also passed laws requiring teachers and medical personnel to report possible cases of sexual abuse to the police. IMO, any bishop who failed to report sexual abuse after that date is guilty of aiding and abetting.
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MichiganVote Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 05:14 PM
Response to Reply #14
23. Really? I can't understand ANYONE, let alone a frickin' priest doing this to kids.
Edited on Tue Nov-25-08 05:14 PM by MichiganVote
If we were all so ignorant, why were there laws on the books and why was it all hush-hush? No need to cover-up things that are ok.

There is not a Bishop in this country who hasn't been dirty on this thing. Not one and they all know it.
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Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 05:29 PM
Response to Reply #14
28. The cover-up has been a matter of Vatican policy since at least 1962.
NT!

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Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 05:28 PM
Response to Reply #3
27. Oh, it's not negligence. It was a matter of written policy to cover up child rape.
http://news.bbc.co.uk/1/hi/world/americas/3157555.stm

Vatican 'ordered abuse cover-up'
A secret Vatican document, outlining procedures for handling allegations of sex abuse by priests, has been published in the US and UK.


...The document was sent to every bishop in the world, with orders to keep it under lock and key, the BBC's David Willey in Rome reports.

Mr Shea, who represents alleged victims of abuse by Catholic priests, obtained the document from an American priest and handed it over to US authorities.

It bears the seal of Pope John XXIII, and calls for "strictest" secrecy in dealing with abuse allegations within the Church.

It threatens to expel from the Church anyone who breaks their silence.


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BOSSHOG Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:30 PM
Response to Original message
6. Here comes another twice monthly passing of yet another collection plate
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onehandle Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:31 PM
Response to Original message
8. Nothing will ever come of this. nt
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:32 PM
Response to Reply #8
9. Why not? It's not like the R.C. Church has no assets here. nt
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MichiganVote Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 05:16 PM
Response to Reply #8
25. On the contrary, this is a huge lift to those whose lives were ruined by these pricks.
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Gregorian Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:35 PM
Response to Original message
11. I'm really sorry to post this.
I was thinking about the written code of silence that was forced upon the perpetrators in the church. Furious that these crimes go on and on withoug justice.

And then it hit me-

http://www.youtube.com/watch?v=KLZKEre3yJ0

My mind is not normal. :)
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hlthe2b Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:35 PM
Response to Original message
12. Who gets Ratzinger's red Prada shoes?
:eyes:
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cosmicone Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:36 PM
Response to Original message
13. Vatican = NAMBLA in funny costumes n/t
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hedgehog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:41 PM
Response to Reply #13
15. That sound like an anti-Catholic statement, but the sad fact is that
the Vatican ordered the protection of priests who were rapists and expelled men who wished to marry. If we allowed those men to return, there would be no priest shortage in the US today!
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peruban Donating Member (888 posts) Send PM | Profile | Ignore Tue Nov-25-08 04:43 PM
Response to Original message
16. Oh, boy
I can see this one getting ugly fast.
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Sherman A1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:45 PM
Response to Original message
17. This will be an interesting legal case
as the Vatican is both the home office of the Catholic Church, but also a sovereign nation.


Could be fun to watch for the legal nuances.
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Iggo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:47 PM
Response to Original message
18. I'm an ex-Catholic. I love this shit.
:popcorn:
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MichiganVote Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 05:15 PM
Response to Reply #18
24. Me too. Its about frickin' time for this church to get its own.
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scytherius Donating Member (576 posts) Send PM | Profile | Ignore Tue Nov-25-08 04:54 PM
Response to Original message
19. Outstanding! Religion needs to have doen to it what it has done to mankind all these years n/t
nt
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Dystopian Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 04:56 PM
Response to Original message
20. KandR. Vatican harboring Cardinal Law. sick. eom.
peace~
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ChairmanAgnostic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 05:48 PM
Response to Reply #20
30. Bernie gets a free apartment, a nice stipend, free staff
and a salary in the six figures, plus allowances for travel, food, legal, and other expenses.

He also caused so much irreparable harm, mental trauma, damage and abuse, that he belongs in jail. Under his orders, the Boston Archdiocese lied under oath, transferred sex criminals, covered up events, blackmailed families, destroyed documents, hid evidence, and did everything in its power to keep the truth out. Even when they began to settle cases, Law demanded confidentiality agreements and more. Law is a pig and deserves everything our justice system can offer. Instead, he has been rewarded by the vatican. Most importantly, the guy who oversaw much of the church's self-investigation and set the tone for Law and others, was the Rat himself. The current papish asshole.
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Dystopian Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 08:00 PM
Response to Reply #30
36. That's what did it for me...
As soon as the pedophile scandal hit, I became a Recovering Catholic. I didn't go to church anyway, but all the stories that came out sickened me. I remember one of the pedophile priests being killed in jail...it's all so hazy. And to think, the Vatican is richer than many countries.
I thought he just had a safe haven. I never realized that the old bastard was rewarded with so much money. I can't think straight when this topic comes up. He's going to burn in hell.


peace~
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 05:03 PM
Response to Original message
21. What should be done if the SC immunizes the Vatican? Hmmm
1) Require that as part of the settlement the church involved at the time of the sexual abuse have their deed transferred to the federal government and either sold to someone that will not use it for Catholic related purposes or torn down.

or

2) The next priest found guilty of sexual abuse be sent over and crucified outside the Vatican.

I know. I know. Too drastic.
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auntsue Donating Member (169 posts) Send PM | Profile | Ignore Tue Nov-25-08 05:05 PM
Response to Original message
22. vatican
OMG - it would be SO right to see the Vatican have to deal
with the consequences of their institutional immorality.  The
priests in question were the same ones who gave
"penance" in the form of multiple repitions of
prayer to children whose "sins" were talking back to
adults or hitting siblings - causing thim to feel guilty and
unworthy -
THEN went out to seduce, molest, rape innocent children -
ruining heir future mental health.
I want these beasts judged and punished on earth - if ther is
a God He/She can deal with them later.
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Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 05:23 PM
Response to Original message
26. Considering the Vatican covered up child rape as a matter of official, secret, policy - GOOD.
Take those monsters to the cleaners.

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ChairmanAgnostic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 05:49 PM
Response to Reply #26
31. again - blame the Rat.
that was his job before he became the prince of princes.
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Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 06:33 PM
Response to Reply #31
35. It's been going on since 1962. He's not the only one to blame.
NT!

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ChairmanAgnostic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 05:43 PM
Response to Original message
29. RICO used to provide some relief. It certainly fits here,
given the conspiracy that the Vatican has effectuated over the past 4 decades. The harm that this criminal organization has committed is almost unbelievable. HELL, the whole history of the Vatican is one of torture, abuse, crimes, murder, war, and worse.
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Vidar Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 06:10 PM
Response to Original message
33. "Nobody expects the Spanish Inquisition."
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moggie Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 06:19 PM
Response to Original message
34. It's about time this "sovereign state" bullshit was rejected in the Vatican's case
Come on, who really believes in this day and age that the Vatican City, smaller than some malls and with a population of less than 1000, deserves the status of a sovereign state, with all that that implies? It's a transparent fiction which only persists by consensus. End the consensus.
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Feron Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-25-08 08:16 PM
Response to Original message
37. Good.
People (aka pieces of shit) that knowingly harbor and protect predators need to be liable.

Sadly I don't think that anything will happen.
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