MINNESOTA
Pioneer Press
By Tom Olsen
Forum News Service
POSTED: 03/17/2014
A judge Monday tossed out portions of two lawsuits seeking to force the Diocese of Duluth to release documents detailing child sexual abuse cases.
Sixth Judicial District Judge David Johnson ruled that the plaintiffs cannot pursue the release of the documents through private and public nuisance claims. Counts charging the diocese with negligence in its handling of sex abuse cases will remain open.
The decision does not end the plaintiffs’ hopes of compelling the release of the documents, but it does eliminate a potential avenue of argument for the alleged victims.
Susan Gaertner, the Minneapolis attorney representing the diocese, said she was pleased by the ruling, but not surprised. The plaintiffs’ contentions that the diocese created a nuisance were “creative, bordering on fanciful” and outside the realm of case law, she said.
“It’s an important decision because it ensures that the case will be conducted within the confines of established law,” she said. “It’s important that the court holds everyone to the rules, and that’s what this does.”
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