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  Suit Vs. Alleged Priest Abuse Victims Thrown out

By Manya A. Brachear
Chicago Breaking News
June 10, 2009

http://www.chicagobreakingnews.com/2009/06/court-throws-out-suit-by-priest-against-alleged-abuse-victims.html

In the first ruling of its kind in Illinois, a state appellate court ruled Wednesday that a Roman Catholic priest could not sue two brothers who say he molested them.

Enabling Rev. Robert Stepek to sue the men who cooperated with a church investigation would infringe on religious liberties granted by the U.S. Constitution, a three-judge panel at the Illinois Court of Appeals said in its decision to order a lower court to throw out Stepek's lawsuit.

Allowing the lawsuit to go forward would require a court to examine how the church disciplines clergy--a move that would conflict with the "free exercise [of religion] clause of the first amendment," the ruling said.

In 2006, Stepek was removed from the pulpit at St. Albert the Great Church in Burbank after a review by the Chicago Archdiocese determined there was reasonable cause to suspect that sexual abuse of minors occurred when he was at St. Symphorosa parish in Chicago in the early 1980s.

Shortly after his removal, Stepek in November 2006 filed a lawsuit against his accusers, contending that the brothers, known in court documents as John Doe One and John Doe Two, made false and defamatory allegations as retaliation for prior disagreements.

The brothers filed a counterclaim against the priest and archdiocese, condemning Stepek's actions.

Cook County Circuit Court Judge Diane Larsen denied several requests to dismiss the case or refer it to the appellate court.

Attorneys for the archdiocese and one of the brothers petitioned the Illinois Supreme Court, which, in a rare move, ordered the review by the appeals court.

Jim Geoly, an attorney for the archdiocese who argued before the court, hailed its ruling as a victory for religious organizations in Illinois and victims of clergy misconduct.

Stepek's lawsuit did not discourage a Nebraska man from coming forward last month with more allegations against Stepek, who now works for the Burbank Police Department.

But Stepek's attorney, Phillip Zisook, said the appellate court should have taken into consideration the substance of the allegations and drawn a distinction between ecclesiastical and criminal misconduct.

Ruling on the latter would not violate religious freedom, he said.

"The statements were that he [Stepek] committed criminal acts, and as such we believe the court could consider and resolve the issue without any entanglement in religious doctrine."

 
 

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