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	Other Abuse Suits against Vatican to Continue By Peter Smith The Courier-Journal August 10 2010 http://www.courier-journal.com/article/20100810/NEWS01/308100046/1008/Other+abuse+suits+against+Vatican+to+continue Without even being asked the question, attorney Jeff Anderson had an answer: "Different case, different deal." The Minnesota lawyer knew a call from a reporter in Louisville means one question — whether the failure of a Kentucky lawsuit against the Vatican, alleging a sexual-abuse cover-up, has any bearing on his similar lawsuit pending in Oregon. Anderson said it "has no effect on what we've done, what we're going to do and how we're going to do it," Anderson said. But while the Vatican's lawyer acknowledges that case will have to be argued on its own merits, he will be making legal arguments similar to those that ultimately led to the Kentucky plaintiffs folding their hand. On Monday, Louisville attorney William McMurry filed a motion on behalf of his three clients in U.S. District Court for Western Kentucky, asking for dismissal of their 6-year-old lawsuit alleging sexual abuse by priests between the 1920s and 1970s. They had alleged that the Vatican enforced centuries-old policies mandating that bishops cover up the presence of sexual predators in the priesthood. The plaintiffs had hoped to gain class-action status for the case. Federal district and appeals courts had blocked most of the claims in both lawsuits because the Vatican is a sovereign state immune from most lawsuits. In both cases, the courts allowed the cases to proceed under a legal exception allowing foreign governments to be sued over the actions of their employees on U.S. soil. The Vatican appealed in both cases, seeking to have the cases thrown out entirely, but the U.S. Supreme Court refused to hear either case. When it turned down its appeal in the Oregon case in June, some saw it as a landmark case of the nation's highest court leaving the world's largest religious organization vulnerable to potentially devastating litigation. But because those rulings left the Vatican's broad immunity in place, McMurry concluded he faced "insurmountable hurdles" in proving that bishops were actual employees acting under explicit Vatican policy. But Anderson said the Kentucky case involved different legal theories and facts, including differences between Oregon and Kentucky law. The Oregon case involves allegations that the Vatican oversaw transfers of an abusive priest, Andrew Ronan, from Ireland to Chicago to Portland, Ore. Anderson is alleging that the priest himself was a Vatican employee, while the Kentucky case alleged that bishops, as employees, covered up alleged abuse by three priests in the Archdiocese of Louisville. Vatican lawyer Jeffrey Lena said he would be arguing that Father Ronan was not an employee of the Holy See. Lena contended that McMurry never proved his case but continues to include allegations in his filings "for media consumption." "Six years ago, the plaintiffs' lawyers concocted a series of allegations," he said. "But they never had the evidence to back those allegations up." McMurry did not return phone messages seeking comment. One of the Kentucky plaintiffs, Michael Turner, said he was satisfied with how the case ended up. "We couldn't go any further than we did," said Turner, a Prospect contractor and a practicing Catholic. "I'm glad we went as far as we did." He said he believed the case has helped to spread awareness about preventing sexual abuse. Another plaintiff, James O'Bryan, agreed. "We had accomplished what we wanted to do," said O'Bryan, now of California. "The Vatican finally recognized the enormity of this situation, and they’re taking steps to correct it." Turner said he supports those continuing to sue in Oregon — as well as Wisconsin and California, where Anderson has filed new cases against the Vatican. "If the fight is what's helping them, I hope that's what they get," he said. Reporter Peter Smith can be reached at (502) 582-4469. Contact: psmith@courier-journal.com
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