Constitution, crime, clergy: First amendment implications of sexual abuse claims

In evaluating and defending cases of sexual abuse by priests, counsel must bear in mind certain fundamental factors that distinguish them from similar types of claims presented in the context of mass tort litigation, employment discrimination, or day care center cases. In particular, the lawsuits now pending against various dioceses and archdioceses for failing to prevent sexual abuse by priests differ from other similar claims against employers and corporations in four key respects: 1. The discipline and lines of authority within the Catholic Church are different from those that are conventional inside American corporations. 2. The church is immune from liability for certain practices that are protected under the freedom of religion clauses of the First Amendment to the US Constitution. 3. The liability of the church is subject to statutory monetary caps in many states. 4. The nature of the underlying alleged injuries presents perplexing statute of limitations issues not present in conventional cases.