Judge Throws out Part of Lawsuit

Wisconsin State Journal
January 26, 1994

A judge threw out part of a lawsuit brought by the family of a boy who was sexually assaulted by a Roman Catholic priest but left in place accusations of negligence against a church and the Archdiocese of Milwaukee.

Circuit Judge L. Edward Stengel agreed Monday with an attorney for the parish and archdiocese that church officials shouldn't be held liable because the Rev. Peter Burns was acting outside the scope of his job when he committed the crime.

However, the judge declined to dismiss the family's allegation that the archdiocese and St. Peter Claver Catholic Church were both negligent in their supervision of Burns.

Burns, formerly assistant pastor at the south side Sheboygan church, was placed on probation for 10 years and served nine months in jail after pleading no contest to one count of second-degree sexual assault involving the then-13-year-old boy.


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