Two new lawsuits have been filed against the Archdiocese of Newark alleging that a Catholic priest who died in 1988 sexually abused several boys in the 1960s and 1970s.

New Charges Filed Against Deceased Catholic Priest and the Archdiocese of Newark

The two recent lawsuits were filed by victims who claim that Reverend David Ernst abused them when they were minors in the 1960s and 1970s. According to the plaintiffs in both suits, the Archdiocese of Newark and the Catholic Church failed to protect them from the priest.

Plaintiff Stephen T. claims that he was abused by Ernst between 1966 and 1968 when he was between the ages of 12 and 14. At the time, Ernst was employed as a teacher at Our Lady Help of Christians in East Orange.

Despite efforts by Stephen’s mother to report the abuse to the school authorities and the church, Stephen claims that their reports were ignored. According to him, the culture of the church contributed to an environment where victims felt pressured to keep quiet about their experiences.

While he is seeking financial damages from the church for his abuse, Stephen is also hoping that his lawsuit encourages other victims of the priest to come forward with their stories of abuse, even after the statute of limitations has passed. Stephen is now an Orthodox priest in Queens.

The other recent lawsuit against Ernst was filed by plaintiff Keith M. who claims he was abused by the priest starting in 1976 as a student at St. Mary in Rutherford. According to his lawsuit, the Archdiocese of Newark was negligent by allowing Ernst to continue to work with children despite multiple reports of abuse.

Claims against Ernst have surfaced before. In 2004, Ernst was included in a $1 million settlement by the Archdiocese of Newark to resolve claims that he and eight other priests had sexually abused children. Although Ernst died in 1988, his victims hope that their lawsuits may result in financial settlements from the Church, as well as encouragement for other victims to share their experiences.

New Jersey Sexual Abuse Laws Allow Victims to Reopen Expired Cases

The recent lawsuits against Ernst were filed under a two-year lookback window that opened on Dec. 1, 2019, under New Jersey’s updated sexual assault laws.

Although victims may be able to file for settlements through a Catholic Church victims’ compensation fund, accepting a settlement generally requires the victim to sign away their rights to pursue future legal action against the Church. Additionally, these offers may be much lower than the sums victims may be able to win through a lawsuit.

The law updating New Jersey’s statute of limitations was signed by Governor Phil Murphy in May 2019. Under the new law, victims of childhood abuse will have until the age of 55, or within seven years of realizing their abuse harmed them to open cases against their abusers. The new law also opened a two-year lookback window for victims whose cases have expired. Both of the recent lawsuits against Ernst were filed in this lookback window.

As of January 2020, more than 500 people had applied for compensation through the New Jersey Catholic Church’s victim compensation fund, an independent fund meant to provide abuse victims who did not want to pursue litigation to receive a settlement offer.

The Catholic Church has allegedly encouraged victims to pursue compensation through the fund rather than filing lawsuits, and victims who apply through the fund may need to provide less evidence than they would in a legal trial. Additionally, these victims are allowed to keep their names and the details of their experiences confidential, rather than reliving their abuse through a court case.

However, accepting a settlement through the victims fund requires the victim to sign away their legal rights to pursue future compensation or litigation regarding their abuse. Additionally, the settlement offers made by compensation funds may be much lower than what victims may be able to recover through a lawsuit.

Of the more than 500 claims received by the New Jersey victim compensation fund, over 100 had been reviewed, with 69 victims receiving compensation. At least $11 million has been paid out to these victims by the Archdiocese of Newark and other New Jersey dioceses, with more expected to be paid. The fund closed to new claims in January, after extending the deadline by 30 days to allow more victims to come forward with applications.

While it is unknown how much each victim who applied through the fund may have received, a similar fund in New York capped the amount given to each victim at $500,000 for the most severe kinds of abuse.

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