ILNews

COA: Priest abuse suit can proceed

Michael W. Hoskins
January 1, 2008
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The Indiana Court of Appeals this week declined to take an interlocutory appeal on a case accusing the Archdiocese of Indianapolis of covering up an ex-priest's history of sexual abuse.

In denying the case of Archdiocese of Indianapolis, et al. v. John Doe NM, 49A05-0802-CV-00075, the court has given its go ahead for the Marion County civil suit to proceed to trial; it would be the first of 13 against the archdiocese to survive summary judgment. The suit was brought by a former altar boy who alleged abuse by the Rev. Harry Monroe and fraud in that the archdiocese knew of previous abuse when it transferred Monroe to St. Catherine's Parish in Indianapolis more than three decades ago.

At issue was when the statute of limitations started running on a fraud claim against the archdiocese, but not on the abuse-related claims against the former priest. In December, Marion Superior Judge David Shaheed refused to grant the archdiocese's motion for summary judgment on grounds that the six-year statute of limitations on fraud began running in 2005, when the plaintiff John Doe NM learned that the archdiocese had known of other abuse before transferring the former priest to other locations. Attorneys for the archdiocese had argued the claim came too late - about 20 years after the statute expired - and filed an interlocutory appeal in February.

A docket entry dated April 7 shows that the court's three-judge panel unanimously denied jurisdiction, but it doesn't provide an explanation. No trial level proceedings have been scheduled. Another case against the archdiocese remains pending in the appellate court, with the court on Monday also ordering a Louisville, Ky., attorney to file an amended petition for temporary admission to practice in Indiana.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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