His claim of suppressed memories wins the plaintiff the right to pursue the suit, despite the statute of limitations.
By STEPHEN NOHLGREN
Published June 25, 2003
CLEARWATER - A day before former Catholic priest Robert Schaeufele was sent to prison last week on sexual molestation charges, one of his alleged victims quietly won the right to pursue a lawsuit against the church.
The plaintiff, identified in his suit as John Doe, alleges that "Father Bob" molested him decades ago at Epiphany Cathedral in Venice.
As with all such suits, the Diocese of St. Petersburg argued that the four-year statute of limitations had long since passed, so the suit should be dismissed before trial.
Last year, a similar lawsuit was thrown out on those grounds.
But Thursday, Pinellas-Pasco Judge W. Douglas Baird rejected the statute of limitations argument.
In his suit, the plaintiff identified as John Doe alleged that he had suppressed his memories of the abuse until 1998, when a movie brought them back to the surface. If the four-year statute started in 1998, then he sued on time.
Baird ruled that such "delayed discovery" of the abuse is a valid legal theory that can supersede the traditional statute of limitations.
If the lawsuit goes to trial, the plaintiff still must convince a jury that his memories were suppressed. Baird's ruling at least gives him the chance to try.
Schaeufele, 55, was sentenced Friday to 30 years in prison for sexually molesting two boys, who were under 12 at the time. A few dozen other men have told the church he molested them at various parishes. Many have hired attorneys and are receiving counseling paid for by the diocese.
The plaintiff identified as John Doe is the only Schaeufele victim to sue. Removing the statute of limitations blockade is a big step forward. He has asked for $500,000 in compensation. Others have accepted much smaller settlements, partly because the statute of limitations hurdle has loomed so high.
The plaintiff's attorney, J. Meredith Wester, says she now plans to depose church leaders and seek internal church documents, including all settlement agreements between the church and victims of sexual abuse by priests. If she succeeds, it would be a first for the St. Petersburg diocese. No other molestation plaintiff has progressed that far.
"I think he would like to get this put behind him," Wester said Tuesday. "He would like the church to acknowledge something and be sure that he has enough money to take care of whatever counseling he might need in the future."
Frederick A. Higham Jr., who represents the diocese, says the church still has another motion pending that would derail the suit if Baird rules favorably.
There is also a conflicting ruling in a similar case.
Circuit Judge John Lenderman ruled last November that plaintiffs in molestation cases could use "delayed discovery" only to sue the priest, not a third party like the church. Since priests rarely have much money, Lenderman's ruling devastated victims who hoped to extract big settlements from the church.
Lenderman's decision has no influence over Baird, but the plaintiff in Lenderman's case has appealed his ruling to the 2nd District Court of Appeal. Whatever that court decides about "delayed discovery" then will be controlling precedent in the Tampa Bay area.
