New York Attorney General Letitia James has filed a lawsuit against the Buffalo Diocese, alleging it—along with former bishops—covered up clergy abuse for years.

According to the lawsuit, the diocese and two former bishops, Bishop Richard J. Malone and Auxiliary Bishop Edward M. Grosz, protected more than two dozen New York Catholic Church priests who had been accused of sexually abusing children. The diocese and the bishops used the bureaucratic tools at their disposal to protect these priests. In response to credible allegations against dozens of priests, the two former bishops classified them as “unassignable.” Another, more specific administrative category related to the abuse might have gotten them investigated by the Vatican and even banned from the priesthood, but “unassignable” allowed them to retire or even go on medical leave.

Attorney General James said that the lawsuit’s goal was to right a breach of trust as well as a “crisis of faith.”

“For years, the Diocese of Buffalo and its leadership failed to protect children from sexual abuse,” James said. “Instead, they chose to protect the very priests who were credibly accused of these atrocious acts. Individuals who are victims of abuse deserve to have their claims justly and timely investigated and determined, and the Buffalo Diocese refused to give them that chance.”

The lawsuit marks the first time that state legal action has been taken against the Catholic Church in New York after the Pennsylvania grand jury sparked a new wave of clergy abuse investigations in 2018.

That wave of litigation only grew after the passing of the New York Child Victims Act, which extended the statute of limitations for cases of childhood sex abuse and allowed victims to sue their abusers until age 55 and even pursue criminal prosecution until age 28. The act also opened a one-year lookback window allowing claims previously barred by the statute of limitations to be revived. The CVA quickly sparked hundreds of new lawsuits against the Catholic Church. The lookback window has recently been extended to Aug. 2021 due to potential delays caused by the ongoing coronavirus pandemic.

The Buffalo Diocese clergy abuse lawsuit is the result of one of eight state inquiries, one for each of the dioceses in the state. The other seven inquiries are ongoing.

The attorney general’s lawsuit takes a new approach to sue the diocese, using civil laws—namely the ones governing religious charities and their fiduciaries. The lawsuit alleges that the diocese failed to follow church policies enacted in 2002 after The Boston Globe’s investigative reporting initially brought the clergy abuse scandal to light.

Like much of the previously filed Catholic sex abuse litigation, the lawsuit seeks restitution as well as changes to how the Buffalo Diocese handles sex abuse claims. On top of these efforts, the lawsuit also seeks to ban two bishops in particular from having any management roles in any charitable organization.

The diocese is reviewing the lawsuit, according to spokesperson Greg Tucker, and is committed to working together with civil authorities to investigate “alleged crimes and complaints.”

“In the meantime,” Tucker said, “we wish to reiterate that there is zero tolerance for sexual abuse of a minor or of sexual harassment of an adult in the Diocese of Buffalo by any member of the clergy, employee or volunteer. The diocese has put in place rigorous policies and protocols governing required behavior as well as a code of conduct which all clergy are expected to abide by.”

This is the latest in a growing pile of litigation against the Buffalo Diocese over alleged clergy abuse. The diocese filed for bankruptcy protection in February after a wave of litigation.

Filing a Clergy Abuse Lawsuit

If you are a survivor of childhood sex abuse by a Catholic priest or other Catholic leader—even if the abuse occurred years or even decades ago—you may be eligible to file a lawsuit and pursue compensation. Of course, filing a lawsuit cannot take away the pain and trauma caused by this kind of abuse, but it can at least help to provide monetary compensation, as well as hold those responsible accountable for their actions.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

This article is not legal advice. It is presented
for informational purposes only.