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  Archdiocese Wants Abuse Case Dismissed

By Kathy Matheson
The Associated Press, carried in San Francisco Chronicle
September 18, 2006

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/09/18/
national/a192447D29.DTL&hw=abuse&sn=001&sc=1000

(09-18) 19:24 PDT Philadelphia (AP) — Thirteen people who claim they were sexually abused by priests should not be allowed to sue the Archdiocese of Philadelphia under federal anti-racketeering laws, church lawyers said Monday.

Archdiocese attorney C. Clark Hodgson Jr. asked a federal court to dismiss the lawsuit, which argues that the archdiocese violated federal conspiracy and anti-racketeering laws by attempting to cover up the abuse.

The statutes are most commonly used to prosecute organized crime, and lawyers in other states have been unsuccessful in using the laws in alleged priest abuse cases.

Hodgson argued the laws do not cover personal injury.

But the victims' attorney, Stewart Eisenberg, contended the right to sue for personal injury is a property right that was violated by the archdiocese's efforts to cover up priest abuse until it was too late to file such claims.

Eisenberg also is seeking class-action status on behalf of all children who were abused by Philadelphia-area priests dating back to 1940.

District Judge Legrome Davis did not indicate when he might rule.

On Friday, hundreds of archdiocese priests were summoned by Cardinal Justin Rigali to hear from two adults who as children were molested by priests. The meeting was called as part of an effort by the church to teach members of the clergy about victims' struggles to rebuild their lives.

 
 

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