Lawsuit Against Pedophile Organizations
*By Kay Ebeling
With 24 perpetrators and 59 children assaulted in one town, the Franciscans constitute a public nuisance against the entire community, reads a lawsuit progressing towards pre-trial hearings in Santa Barbara.There is no SOL on these charges. "Because the cause of action is based on conduct that is a continuing Public Nuisance, it is not subject to any statute of limitations set forth in 340.1," the lawsuit states.
Church attorneys tried to get the Santa Barbara public nuisance case moved to Los Angeles, but Judge Emilie Elias quickly turned them down. Now January 15, 2009, the Superior Court in SB will hear arguments on the church's motion to strike major portions of the original complaint. Plaintiffs come armed with decades of evidence, as shown in the brief copy and pasted in full below.
Other states have public nuisance law, including Illinois, where I was raped at age five by Father Horne.
In FindLaw is news of an Illinois Supreme Court decision striking down public nuisance cases against the gun industry, and Justice Rita Garman appears to leave the door wide open for pedophile clergy lawsuits against the Chicago Archdiocese, which would include my case.
Justice Garman wrote that guns in a neighborhood do not affect the entire community the same way “offensive conduct emanating from a ‘bawdy house’- would affect all equally." With priests raping altar boys in sacristies and motels, and priests teaching girls to talk dirty in First Confession, and volumes of other charges, the Archdiocese of Chicago among others is ripe for a public nuisance lawsuit.
No SOL when the 'bawdy behavior' and its after effects are still going on. The brief filed for the plaintiffs in Santa Barbara reads almost like an article in the New Yorker or Vanity Fair in its narrative parts. It is a public document, so here for a Sunday read below in its entirety is the Opposition to Demurrer and Motion to Strike the First Amended Complaint, by Timothy Hale of Nye, Peabody, Stirling, & Hale.
Email this story to every lawyer you know, and maybe public nuisance suits are the way we can get the public to see these felons disguised as holy men for who they really are. Here is Tim’s brief:
PLEASE GO TO 13 ANGELS TO GET THE BRIEF AND SUPPORT THEIR WORK.
All dysfunction is related to parenting. If parents were made liable for the criminal acts of their children, more would get classes and counseling before they reproduce. Fewer would breed to have a punching bag to torture. Fewer mothers would keep an abuser in the home for the paycheck if it means prison for them when the child explodes with rage. Here is news from Donna Hughes on what other countries are doing.
donna: this is a heinous crime -- evil -- i am sending this to you becausethe parents are held accountable for their sons actions -- *maybe we shouldconsider such penalties...*God bless you and have a good day.--~~~~~~~~~~~~S. Wendy Pérez
BBC NEWS]S Korea parents fined over rape*A South Korean court has fined the parents of a teenage rapist more than$60,000 (£40,000) for failing to supervise their son. *
The 18-year-old, who has attention deficit hyperactivity disorder, raped a local seven-year-old girl in 2006. The court said the boy had grown up watching pornography and had imitated a film he had seen, during the attack. It said his parents could have prevented the crime with appropriate education, but neglected their duty.
The teenager is serving a 10-year sentence for the rape, but a court in Seoul ruled that his parents were also liable for his crime. A court statement said: "The parents could have prevented the crime with appropriate education but failed to show enough attention to their child." They neglected their duty to raise their child so that he can properlyadjust to society."The girl's parents were seeking 225m won ($165,000; £111,000) in damages. The identities of all the parties involved in the case have been withheld. Analysts say the case raises many questions about the extent to which parents can be held responsible for the actions of their children.
Story from BBC NEWS: