|Lawyer for Man Who Sued Omaha Archdiocese Says Appeal Likely
Associated Press, carried in KPTM
June 9, 2008
OMAHA, Neb. - An attorney for an Oregon man who had his lawsuit against the Roman Catholic Omaha Archdiocese dismissed today says she will likely appeal.
Attorney Maren Chaloupka of Scottsbluff says she must first talk to her client, Cary Claar (CLAHR) of Springfield, Oregon. He alleged in the lawsuit that the late Father Duane Lucas sexually abused him for several years starting around 1978, when Claar was 12 or 13 years old.
U.S. District Court Judge Joseph Bataillon dismissed the lawsuit today, reiterating that many of Claar's claims did not fall within Nebraska's statute of limitations.
Claar alleged in an amended complaint that Nebraska's statute of limitations of 4 years on personal injury claims is unconstitutional.
Chaloupka says that typically, constitutional challenges end up in the appellate courts before they are resolved.
A message left Monday for the Omaha Archdiocese was not immediately returned
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