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February 8, 2008
Dismissal of suit against R.I. Catholic officials upheld
PROVIDENCE -- While saying it has empathy for her, the state Supreme Court has upheld a judge's dismissal of a Burrillville woman's lawsuit that she brought against Catholic church officials after being raped by a priest who was later convicted of the crime.
In October 1978, Mary Ryan became sexually involved with Monsignor Louis W. Dunn in what would become a four-year relationship, the high court opinion made public today says.
Dunn was later convicted of first-degree sexual assault and given a suspended sentence. He died in 2001.
Dunn was among several priests in the state who "engaged in inappropriate and lamentable sexual abuse" of certain people, the high court said -- 38 civil actions resulted, including Ryan's, against 12 religious figures accused of being perpetrator and non-perpetrator defendants.
In summer 2002, all the cases except for Ryan's were settled for $13.5 million. Ryan and her husband had chosen not to be part of the settlement and to pursue a separate case against defendants, the high court says. It was the last remaining such suit against the church officials.
A Superior Court judge issued a decision that, based on a three-year statute of limitations, the latest the Ryans could have begun their suit was on June 7, 1985. Their suit had been filed more than 10 years after the limit. The judge also concluded that some legal theories -- known as tolling theories -- were not valid in moving forward with the suit in court.
On Sept. 3, 2003, the case was dismissed. The Ryans filed a motion to reconsider, which was denied, and then they appealed to the high court.
-- projo.com staff writer Michael P. McKinney
Defendants named in case were the Most Rev. Louis E. Gelineau, Most Rev. Daniel P. Reilly, Most Rev. Kenneth A. Angell, the Roman Catholic Bishop of Providence (a corporation sole), and St. Thomas Church of Manton.
Ryan offered testimony that she was induced to perform the acts in part because of love for Dunn and also because of her belief that "each and every act was an act of God." And she testified she held a conviction that, as a priest, Dunn possessed God's power and should be feared and obeyed.
Their relationship stopped on June 7, 1982, when Dunn "forcibly had intercourse with Ms. Ryan against her will," the opinion says. Ryan did not reveal the assault or their relationship until 1986, when she told a friend in general terms that she'd had a sexual relationship.
The court concludes by saying it has "genuine empathy" for Ryan.
"She was the victim of heinous criminal conduct commited by one who showed himself to be unworthy of the honorific title that he once bore, " the opinion says. But it adds that Ryan was called upon to make decisions at times during the process and so was Superior Court judge.
The American judicial system "is admirable" as its exists, the court says, but "nevertheless, our judicial system is not a panacea that can satisfy everyone who has recourse to it. Some wrongs and injuries do not lend themselves to full redressment by the judicial system."
Posted by Mike McKinney
at 4:44 PM | Permalink
Paul D Lariviere | February 8, 2008 6:06 PM link
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This is a total disgrace. Then all of the persons serving time in prison should be released according to the courts decision as a lot of them are beyond three years when prosecuted. the judge has to be a stout Catholic perpetrator that his only interest is defending the Hypocrite Catholic Church. SHAME ON YOU