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Judges dismiss parts of lawsuits against priests - Independence, MO - The Examiner
Judges dismiss parts of lawsuits against priests

Judges dismiss parts of lawsuits against priests

By Kelly Evenson - kelly.evenson@examiner.net
Posted May 04, 2012 @ 09:13 PM
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State and federal judges have thrown out parts of several lawsuits involving allegations of sexual abuse in rare wins for an embattled Catholic diocese and accused priests.

Jackson County Circuit Judge Peggy Stevens McGraw threw out all allegations Monday against the Catholic Diocese of Kansas City-St. Joseph in a suit filed last year by David Tate of Kansas City, according to the Kansas City Star.

Tate claimed the Rev. Michael Tierney abused him at Tierney's mother’s home and at a hotel swimming pool in the early 1970s.

McGraw also dismissed eight criminal charges against Tierney but allowed civil lawsuits against him to continue. Tierney has denied all wrongdoing.

The judge ruled that the church would be liable only if Tierney was engaged in activities within the scope of his employment.

In federal court, U.S. District Judge Gary Fenner excluded parents from two lawsuits claiming they suffered damages after the Rev. Shawn Ratigan took lewd pictures of their daughters. Fenner ruled that only the child victims could collect damages under federal law.

“Parents are not ‘victims’ under (the law) because they are not persons who ... were personally injured by the alleged sexual exploitation and ... were not minors at the time the alleged sexual exploitation occurred,” Fenner wrote.

Ratigan remains in custody after being charged last year with several state and federal child pornography charges.

State and federal judges have thrown out parts of several lawsuits involving allegations of sexual abuse in rare wins for an embattled Catholic diocese and accused priests.

Jackson County Circuit Judge Peggy Stevens McGraw threw out all allegations Monday against the Catholic Diocese of Kansas City-St. Joseph in a suit filed last year by David Tate of Kansas City, according to the Kansas City Star.

Tate claimed the Rev. Michael Tierney abused him at Tierney's mother’s home and at a hotel swimming pool in the early 1970s.

McGraw also dismissed eight criminal charges against Tierney but allowed civil lawsuits against him to continue. Tierney has denied all wrongdoing.

The judge ruled that the church would be liable only if Tierney was engaged in activities within the scope of his employment.

In federal court, U.S. District Judge Gary Fenner excluded parents from two lawsuits claiming they suffered damages after the Rev. Shawn Ratigan took lewd pictures of their daughters. Fenner ruled that only the child victims could collect damages under federal law.

“Parents are not ‘victims’ under (the law) because they are not persons who ... were personally injured by the alleged sexual exploitation and ... were not minors at the time the alleged sexual exploitation occurred,” Fenner wrote.

Ratigan remains in custody after being charged last year with several state and federal child pornography charges.

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