Latest news with #MichaelBigos
Yahoo
12-02-2025
- Yahoo
Group suing Maine's Catholic Church asks high court to reconsider statute of limitations ruling
Feb. 11—A group of people suing Maine's Catholic Church has asked the state's highest court to reconsider a ruling that bars them from bringing decades-old claims of childhood sexual abuse. The Maine Supreme Judicial Court last month shot down a 2021 law that let survivors file any lawsuits alleging child sexual abuse, even if their claims had expired under previous statute of limitations. The majority opinion had little to do with the allegations at the heart of the cases and was instead a hardline stance against the Legislature's effort to revive time-barred claims. After state lawmakers agreed let anyone sue in civil court for childhood sexual abuse, dozens of claims targeted the Roman Catholic Diocese of Portland, alleging its leaders knew about the abuse and failed to prevent it or warn parishioners about allegations. The diocese challenged the law a year later. Some of the allegations dated as far back as the 1950s, and involved priests and other church employees who were already found to be credibly accused. Most have died. Lawyers for the plaintiffs said Tuesday that the justices didn't fully analyze the question they were asked to consider and are asking the court to revisit the case. "The Majority in Dupuis concluded that the right to be free from expired claims is a vested right arising from and protected by Maine's Constitution. Appellees do not dispute that issue here," attorneys wrote. "But whether and how much any right may be impaired must be determined by applying a due process analysis under the Maine Constitution." A spokesperson for attorneys Michael Bigos and Timothy Kenlan said they are declining to comment "out of respect for the Law Court." An attorney and a spokesperson for the Roman Catholic Diocese of Portland did not immediately respond to emails Tuesday evening. The diocese has previously claimed it had a "vested right" in the protections it enjoyed under Maine's previous statute of limitations. Without those protections, the diocese is open to potentially millions in damages. And it's not just the diocese. In the last three years, previously expired claims have been filed against the YMCA of Bangor, the Special Olympics, Camp Kieve and a counselor from the 1970s. This story will be updated. Copy the Story Link
Yahoo
30-01-2025
- Politics
- Yahoo
Maine high court strikes down law that allowed lawsuits for decades-long sex abuse claims
The highest court in Maine ruled Tuesday against a law that retroactively removed the statute of limitations for civil child sexual abuse lawsuits, concluding a tense chapter in a yearslong legal battle. The ruling comes after dozens of people filed civil lawsuits against the Roman Catholic Bishop of Portland alleging they were sexually assaulted as children by the clergy with allegations going back as far as the 1950s. Some alleged victims were able to sue after state legislators passed a law in 2021 that retroactively removed a statute of limitations, which determines how much time can pass after a crime before a person is no longer allowed to file a lawsuit. The diocese challenged the lawsuits, calling the 2021 statute unconstitutional. On Tuesday, the Maine Supreme Judicial Court agreed. Attorney Michael Bigos, who said he represents about 100 victims affected by the ruling, told USA TODAY he was disappointed by the court's decision. "Of course, there is no statute of limitations on the enduring pain caused by childhood sexual abuse," said Bigos. "These survivors deserve accountability from those that enabled child sex abuse and to receive long overdue justice." The Rev. James Ruggieri, who serves as the bishop of the Roman Catholic Diocese of Portland, said in a statement after the ruling that the diocese will continue to dedicate resources to examine claims of abuse ‒ regardless of when it reportedly happened ‒ and provide counseling and support services to survivors. "The reprehensible conduct of certain clergy during that era represents a profoundly painful time that still has effects we all experience today," Ruggieri said. "A degree of uncertainty still remains and in the coming days, weeks, and months, in consultation with diocesan, parish, and lay advisors, I will prayerfully assess the path forward for the diocese. I am hopeful that this decision will allow us as a diocese to commit to strengthening the core mission of the Church in Maine with even greater humility and devotion." Catholic Church sex abuse scandal: Los Angeles Archdiocese agrees to pay $880 million to settle sexual abuse claims In a lengthy opinion released this week, the court acknowledged the long-lasting consequences of child sexual abuse but said that the 2021 statute in question was outside of the state legislature's authority. Maine in 2000 passed a law that eliminated time limits on civil child sexual assault lawsuits, with the exception of claims that had already expired under the previous law. About two decades later, the state legislature passed a statute that said people could file lawsuits even for claims that had expired before the 2000 law. The state Supreme Court struck down the 2021 amendment this week. "There can be no doubt that we as a society have gained a new understanding of the effect of trauma and the delays that it can cause in the ability of a victim to pursue a cause of action," the court wrote. The justices argued that while the new framework "provides support" for eliminating time limits on civil sexual abuse claims, the state legislature didn't have the power to retroactively allow lawsuits if they would impede someone's rights. After the time limit has expired, a defendant has a "right to be free of that claim" ‒ a right that the 2021 law violates, the court determined. Justices Wayne Douglas and Rick Lawrence dissented. They drew on research that found the severe trauma of child sexual assault was distinctive from other types of abuse and could take decades to process. The two justices said the 2021 law was a "reasonable legislative response consistent with due process that eliminates a procedural bar" that had previously prevented alleged victims from seeking relief in court. Before the statute of limitations for civil child sexual abuse claims was eliminated on Aug. 11, 2000, the time limit for such cases was 12 years, and the clock started ticking after an alleged victim became an adult regardless of when the abuse happened, Bigos said. Since the time limit removal no longer applies retroactively, he noted the state Supreme Court's decision has established a cutoff for such claims. Bigos told USA TODAY he expects the court's decision will, in effect, block people born before Aug. 11, 1970, from filing civil child sexual abuse claims in Maine. After the 1970 cutoff, Bigos said people would be able to file civil lawsuits in Maine for child sexual abuse without facing time constraints, but he noted the court's decision could impact hundreds of people. For cases affected by this week's ruling, Bigos said he will pivot to litigating the church's "decades of cover-ups." He alleges the cases of abuse go as far back as 1954, adding that the slew of cases shows the diocese "knew about rampant sexual abuse by its priests, nuns, and teachers for decades and chose to protect these known predators instead of the children in their care." This article originally appeared on USA TODAY: Maine high court says 2021 child sex abuse law is unconstitutional
USA Today
30-01-2025
- Politics
- USA Today
Maine high court strikes down law that allowed lawsuits for decades-long sex abuse claims
The highest court in Maine ruled Tuesday against a law that retroactively removed the statute of limitations for civil child sexual abuse lawsuits, concluding a tense chapter in a yearslong legal battle. The ruling comes after dozens of people filed civil lawsuits against the Roman Catholic Bishop of Portland alleging they were sexually assaulted as children by the clergy with allegations going back as far as the 1950s. Some alleged victims were able to sue after state legislators passed a law in 2021 that retroactively removed a statute of limitations, which determines how much time can pass after a crime before a person is no longer allowed to file a lawsuit. The diocese challenged the lawsuits, calling the 2021 statute unconstitutional. On Tuesday, the Maine Supreme Judicial Court agreed. Attorney Michael Bigos, who said he represents about 100 victims affected by the ruling, told USA TODAY he was disappointed by the court's decision. "Of course, there is no statute of limitations on the enduring pain caused by childhood sexual abuse," said Bigos. "These survivors deserve accountability from those that enabled child sex abuse and to receive long overdue justice." Reverend James Ruggieri, who serves as the bishop of the Roman Catholic Diocese of Portland, said in a statement after the ruling that the diocese will continue to dedicate resources to examine claims of abuse — regardless of when it reportedly happened — and provide counseling and support services to survivors. "The reprehensible conduct of certain clergy during that era represents a profoundly painful time that still has effects we all experience today," Ruggieri said. "A degree of uncertainty still remains and in the coming days, weeks, and months, in consultation with diocesan, parish, and lay advisors, I will prayerfully assess the path forward for the diocese. I am hopeful that this decision will allow us as a diocese to commit to strengthening the core mission of the Church in Maine with even greater humility and devotion." Catholic Church sex abuse scandal:Los Angeles Archdiocese agrees to pay $880 million to settle sexual abuse claims Ruling blocks decades-long child sex abuse lawsuits In a lengthy opinion released this week, the court acknowledged the long-lasting consequences of child sexual abuse but said that the 2021 statute in question was outside of the state legislature's authority. Maine in 2000 passed a law that eliminated time limits on civil child sexual assault lawsuits, with the exception of claims that had already expired under the previous law. About two decades later, the state legislature passed a statute that said people could file lawsuits even for claims that had expired before the 2000 law. The state Supreme Court struck down the 2021 amendment this week. "There can be no doubt that we as a society have gained a new understanding of the effect of trauma and the delays that it can cause in the ability of a victim to pursue a cause of action," the court wrote. The justices argued that while the new framework "provides support" for eliminating time limits on civil sexual abuse claims, the state legislature didn't have the power to retroactively allow lawsuits if they would impede someone's rights. After the time limit has expired, a defendant has a "right to be free of that claim" — a right that the 2021 law violates, the court determined. Plaintiffs' attorney plans to pivot abuse lawsuits Justices Wayne Douglas and Rick Lawrence dissented. They drew on research that found the severe trauma of child sexual assault was distinctive from other types of abuse and could take decades to process. The two justices said the 2021 law was a "reasonable legislative response consistent with due process that eliminates a procedural bar" that had previously prevented alleged victims from seeking relief in court. Before the statute of limitations for civil child sexual abuse claims was eliminated on Aug. 11, 2000, the time limit for such cases was 12 years, and the clock started ticking after an alleged victim became an adult regardless of when the abuse happened, Bigos said. Since the time limit removal no longer applies retroactively, he noted the state Supreme Court's decision has established a cutoff for such claims. Bigos told USA TODAY he expects the court's decision will, in effect, block people born before Aug. 11, 1970, from filing civil child sexual abuse claims in Maine. After the 1970 cutoff, Bigos said people would be able to file civil lawsuits in Maine for child sexual abuse without facing time constraints, but he noted the court's decision could impact hundreds of people. For cases affected by this week's ruling, Bigos said he will pivot to litigating the church's "decades of cover-ups." He alleges the cases of abuse go as far back as 1954, adding that the slew of cases shows the diocese "knew about rampant sexual abuse by its priests, nuns, and teachers for decades and chose to protect these known predators instead of the children in their care."
