Posted on 02/28/2011 3:02:45 PM PST by Hoodat
LOS ANGELES — 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.
The unusual lawsuit was filed under the Alien Tort Claims Act of 1789 and alleges that 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.
-snip-
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. He has been wanted by U.S. authorities on 19 felony counts of lewd conduct since he returned to Mexico.
The ruling in Los Angeles could allow more of Mexican plaintiffs who allege abuse by Aguilar Rivera 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.
(Excerpt) Read more at ajc.com ...
So much for the Constitution.
LA has deeper pockets...
Then can I sue Obama in, say, Cabo San Lucas, and get a court order for him to cough up his birth certificate?
No wonder Cardinal Mahoney likes illegal immigration. That is where the boys are.
I hope Mahony can be sued as a private citizen (he retired as of yesterday). He was responsible for all this, and yes, somebody should sue him. And put him in jail.
This child molester was either his boyfriend or a boyfriend of his boyfriend. Either way, Mahony got him out of the country fast and dumped him back in Mexico...where he continued to do what he had been doing here.
This appears to be the link that ties in Mahoney Baloney and by respondeat superior (sp?), his local employer, the L.A. diocese. Perhaps the RCC has gotten more guff as a whole than it deserves for clergy abuse issues, but just about everyone acknowledges that Mahoney is radioactive. If this twisted priest visited Mahoney and Mahoney helped him hide, then hands are not clean on the U.S. side of the border.
You should have quoted the Tort Clams Act, That fall under Art two.
Article III, section 2, deals with venue (the place of trial) in criminal cases only. This is a civil case. There are statutes about venue in civil cases, but the Constitution does not directly address that subject.
Wouldn’t it be simpler to just extradite Cardinal Mahoney to Mexico? He is a traitor to this nation anyway, so just strip him of his citizenship and off he go to Me-hi-co.
Do you think the Judiciary Act of 1789 is unconstitutional?
This judge is a complete *!*!@#*.
There is no room for a one world-er judge in the US. Remove her based on her breaking her oath of office.
Not even relevant, this is a civil case for money, not a criminal charge
It couldn't happen to be bigger, open borders louse, IMO.
Yeah, that's what I figured.
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