A Mexico City man can proceed with a clergy abuse lawsuit filed in
U.S. court against the Roman Catholic Archdiocese of Los Angeles, even
though the alleged abuse occurred in Mexico and the priest and plaintiff
are Mexican citizens, a federal judge has ruled.
U.S. District Judge Josephine Staton Tucker on Friday denied a motion
from church attorneys who had sought dismissal of the case by arguing
U.S. courts do not have jurisdiction.
Michael Hennigan, an attorney for the archdiocese, said the case has no merit and would ultimately be dismissed.
Plaintiff attorney Jeff Anderson filed the claim under the Alien Tort Claims Act, a law enacted by the U.S. Congress in 1789.
It alleges the priest abused as many as 60 children in Mexico,
including the plaintiff, after fleeing U.S. authorities who wanted to
arrest him in 1988 for suspected molestations in Los Angeles.
The lawsuit alleges recently retired Los Angeles Cardinal Roger
Mahony and his counterpart in the Mexican Diocese of Tehuacan conspired
to protect the priest and help him avoid authorities on both sides of
the border.
The head of the Mexican diocese, then-Bishop Norberto Rivera, has
since been elevated to cardinal for the Archdiocese of Mexico City.
The complaint lists 10 causes of action, including rape and crimes
against humanity. The Tehuacan diocese, Mahony and the Mexican cardinal
are also listed as defendants.
The case involves the Rev. Nicholas Aguilar Rivera, who was sent from
Mexico to Los Angeles for a temporary assignment in 1987.
Less than a
year after his arrival, two altar boys accused Aguilar Rivera of
molestation, but the priest fled to Mexico just days before U.S.
authorities charged him.
The lawsuit states that in 1987 the Mexican bishop contacted Mahony
and asked him to take Aguilar Rivera in for a year due to family and
health reasons.
The bishop later introduced the priest to Mahony with a letter that
mentioned Aguilar Rivera had been brutally attacked in his Mexican
parish, possibly because of problems of homosexuality that had not been
proven, according to the lawsuit.
Mahony has said he never received letters from the Mexican bishop explaining the priest's history.
Aguilar Rivera was defrocked in 2009 and remains at large in Mexico,
where he was believed to be living out of his car in Puebla, in central
Mexico.
Mexican authorities have said they are working with church officials to find him.
The ruling in Los Angeles could allow more Mexican plaintiffs to file lawsuits in U.S. courts, Anderson said.
"This does open a door that has never been opened before," he said.
The judge was not required to consider the facts of the case when
making her ruling about jurisdiction and limited her analysis to a
narrow range of legal issues, Hennigan said.
Church attorneys will file
new court papers seeking dismissal on other legal grounds, he said.
Mahony was not aware the priest had a history of sexual abuse when he
accepted him in Los Angeles and he asked the Mexican bishop for help in
finding the priest once he was a fugitive, the attorney said.
"We think the court is suggesting — and we agree — that this needs to
be addressed on the merits of the case and we will attempt to do that,"
Hennigan said.