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  Jesuits Open to Punitive Damages in Civil Abuse Case

By Manya A. Brachear
WGN
June 22, 2011

http://www.wgnradio.com/news/local/breaking/chi-jesuits-open-to-punitive-damages-in-civil-abuse-case-20110622,0,7058344.story

A Cook County judge ruled today that a plaintiff could seek punitive damages against the Chicago Jesuits in a civil lawsuit regarding alleged childhood sex abuse by convicted sex offender and former Jesuit priest Donald McGuire.

Judge Jeffrey Lawrence concluded that the plaintiff “demonstrated a reasonable likelihood of proving facts at trial which would support an award of punitive damages.”

“The Jesuits’ claim that they were ill-equipped to recognize and confront McGuire’s evil acts rings hollow in light of the fact that he owed them absolute obedience,” the judge wrote. “The guidelines they set for him were a sham.”

“The court accepts that the Jesuits are a religious order with a rich history of service to the faithful … However, the leaders of the Chicago Province fell far short of this ideal,” he wrote.

In a statement, the Rev. Timothy Kesicki, head of the Chicago Province, reiterated regret that the Jesuits did not do enough to stop McGuire.

“More important, we failed to listen to those who came forward and to meet their courage in dealing with Donald McGuire as we should have,” Kesicki said. He added that steps have been implemented to address clergy misconduct.

Punitive damages are difficult to seek in Illinois, especially from judges in Cook County, said Tony Masciopinto, a former federal prosecutor and plaintiff’s attorney.

“It changes the landscape of the litigation and the risks involved,” said Masciopinto, who is representing the victim’s lawyers in a separate defamation case filed by a priest who says he was falsely accused.

The last ruling in Illinois similar to Lawrence’s led to a 2008 jury verdict against the Belleville diocese.

“More steps are needed to force the Catholic hierarchy to take children’s safety more seriously,” said Barbara Blaine, president of the Survivors Network of those Abused by Priests. “This ruling helps achieve that.”

Contact: mbrachear@tribune.com

 
 

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