The Diocese of Manchester, New Hampshire, has asked a court to dismiss a lawsuit brought by a man who says he was molested by a Catholic priest, since the plaintiff has already accepted the terms of a settlement in a previous lawsuit. Daniel Brown had filed suit against the diocese, asking for $130 million in damages, on the charge that he was sexually assaulted and infected with the HIV virus by a priest.
The lawsuit alleges that the diocese was negligent in allowing the priest, Father Wilfred Houle, to continue in ministry after earlier complaints about his sexual misconduct. Father Houle died in 1987.
In its response to the complaint, the Manchester diocese points out that Brown had approved a settlement that the diocese reached with a group of abuse victims in 2003.
It is well-established law that once a legal claim is settled a plaintiff may not reallege the same conduct in a subsequent lawsuit," the diocese argued.
Brown counters that he was coerced to accept the earlier settlement, in which he received $490,000.
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