National Catholic Reporter

The Independent News Source

Maine abuse case can go forward

 |  NCR Today

The Maine Supreme Judicial Court ruled Tuesday that the head of the Roman Catholic Diocese of Portland is not immune from being sued by an Augusta man who alleges he was molested as a boy after the diocese assigned a priest it knew had sexually abused children in the past to a parish in the state capital.

In a 5-2 ruling, the court affirmed that under current law charitable groups such as churches, museums and sports organizations are immune from claims for negligent actions, but it said they are not immune from intentional ones.

The impact of the court's ruling will be felt by every nonprofit organization in the state, a dissenting justice predicted.

envelope-gray-background.jpgLike what you're reading? Sign up for NCR email alerts.

The state's high court sent back to Kennebec County Superior Court the question of whether the bishop of the diocese knew that the Fr. Raymond Melville had a history of sexually abusing minors when in 1985 he was assigned to St. Mary Catholic Church and School in Augusta.

"Applying charitable immunity in claims involving intentional torts" — that is, wrongful acts — “would set Maine so far outside the mainstream that it would put this state in a class by itself,” he wrote. “We do not believe it advisable to expand so profoundly a doctrine that has generally been acknowledged as bankrupt” by courts in other states.

NCR Comment code: (Comments can be found below)

Before you can post a comment, you must verify your email address at Disqus.com/verify.
Comments from unverified email addresses will be deleted.

  • Be respectful. Do not attack the writer. Take on the idea, not the messenger.
  • Don't use obscene, profane or vulgar language.
  • Stay on point. Comments that stray from the original idea will be deleted. NCR reserves the right to close comment threads when discussions are no longer productive.

We are not able to monitor every comment that comes through. If you see something objectionable, please click the "Report abuse" button. Once a comment has been flagged, an NCR staff member will investigate.

For more detailed guidelines, visit our User Guidelines page.

For help on how to post a comment, visit our reference page.

 

Feature-flag_GSR_start-reading.jpg

NCR Email Alerts

 

In This Issue

July 18-31, 2014

07-18-2014_0.jpg

Not all of our content is online. Subscribe to receive all the news and features you won't find anywhere else.