Settlement has broad impact on sex abuse lawsuits
Posted: Sunday, November 21, 2004
IOWA CITY, Iowa (AP) -- When the Roman Catholic Diocese of Davenport settled 37 sexual abuse claims against three former priests last month, victims, church leaders and parishioners all hailed the deal.
But while the $9 million settlement allowed the diocese to avoid bankruptcy, the court battles that led to it create a new milieu in Iowa for defending against such lawsuits.
"I sense there is a change in the air," said Scott Rhinehart, the attorney overseeing 17 lawsuits filed recently against the Sioux City Diocese.
Craig Levien successfully countered arguments that the alleged abuse had occurred too long ago, saying victims were too traumatized and intimidated to pursue allegations at the time. The court agreed, preventing the diocese from seeking protection under Iowa's statute of limitations.
"The statute of limitations ruling will impact cases throughout the state," Levien said. "I think it also serves as a clear indication to all victims that they can come forward and assert their legal rights."
Courts also sided with Levien to require the Davenport diocese to turn over five decades worth of documents related to church management of priests who were known to be abusers.
Attorneys with pending cases in the Sioux City and Dubuque dioceses say it's too soon to tell what impact the Davenport case will have on them, but some attorneys believe the chances are slim those cases will ever go to a judge or jury.
Davenport Bishop William Franklin approved the $9 million blanket settlement just days before lawyers were due in court for the first potentially embarrassing trial.
Other settlements already have been reached in church abuse cases in Iowa.
Since 1992, the Dubuque Archdiocese, in northeast Iowa, has settled 14 claims at an average of $98,800, said Monsignor James Barta. Another six lawsuits are pending in state and federal court.
There are 20 pending lawsuits in the Sioux City Diocese in northwest Iowa, according to spokesman Jim Wharton.
All but one name the Rev. George McFadden, who worked at as many as six parishes from the early 1950s to 2002. McFadden now is retired and living out of state with relatives, Wharton said.
For now, the Des Moines diocese is lawsuit free, according to spokeswoman Ann Marie Cox. Earlier this year, Des Moines Bishop Joseph Charron settled a case through mediation.
Attorney Roxanne Conlin credited Charron for encouraging mediation, and said his active role at the negotiating table smoothed the resolution of the case.
"The bishop made quite a sincere and moving address to all of us about how sad the church was. It was quite impressive," she said.
Some lawyers, though, say their clients would prefer a trial.
"When you file a lawsuit, you're asking for your day in court," said Chad Swanson, a Waterloo attorney who has filed lawsuits on behalf of three victims.
But while the $9 million settlement allowed the diocese to avoid bankruptcy, the court battles that led to it create a new milieu in Iowa for defending against such lawsuits.
"I sense there is a change in the air," said Scott Rhinehart, the attorney overseeing 17 lawsuits filed recently against the Sioux City Diocese.
Craig Levien successfully countered arguments that the alleged abuse had occurred too long ago, saying victims were too traumatized and intimidated to pursue allegations at the time. The court agreed, preventing the diocese from seeking protection under Iowa's statute of limitations.
"The statute of limitations ruling will impact cases throughout the state," Levien said. "I think it also serves as a clear indication to all victims that they can come forward and assert their legal rights."
Courts also sided with Levien to require the Davenport diocese to turn over five decades worth of documents related to church management of priests who were known to be abusers.
Attorneys with pending cases in the Sioux City and Dubuque dioceses say it's too soon to tell what impact the Davenport case will have on them, but some attorneys believe the chances are slim those cases will ever go to a judge or jury.
Davenport Bishop William Franklin approved the $9 million blanket settlement just days before lawyers were due in court for the first potentially embarrassing trial.
Other settlements already have been reached in church abuse cases in Iowa.
Since 1992, the Dubuque Archdiocese, in northeast Iowa, has settled 14 claims at an average of $98,800, said Monsignor James Barta. Another six lawsuits are pending in state and federal court.
There are 20 pending lawsuits in the Sioux City Diocese in northwest Iowa, according to spokesman Jim Wharton.
All but one name the Rev. George McFadden, who worked at as many as six parishes from the early 1950s to 2002. McFadden now is retired and living out of state with relatives, Wharton said.
For now, the Des Moines diocese is lawsuit free, according to spokeswoman Ann Marie Cox. Earlier this year, Des Moines Bishop Joseph Charron settled a case through mediation.
Attorney Roxanne Conlin credited Charron for encouraging mediation, and said his active role at the negotiating table smoothed the resolution of the case.
"The bishop made quite a sincere and moving address to all of us about how sad the church was. It was quite impressive," she said.
Some lawyers, though, say their clients would prefer a trial.
"When you file a lawsuit, you're asking for your day in court," said Chad Swanson, a Waterloo attorney who has filed lawsuits on behalf of three victims.
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