"You should have discovered the connection between your abuse and harm to you before 2005"
Diocese Fights Suit Over Alleged 1950s Sex Abuse
SEATTLE (CN) - The alleged victim of a pedophile priest asked the 9th Circuit to ignore the statute of limitations and revive his case against Portland's archdiocese and archbishop.
While presiding at St. Charles Church in Portland, Ore., the Rev. Maurice Grammond allegedly sexually abused the anonymous plaintiff when he was a young parishioner in the late 1950s.
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He filed suit in June 2008 at the age of 63, but that was three years after a "claims bar date" set by the Bankruptcy Court for the District of Oregon in January 2005 regarding existing claims against the archdiocese or archbishop.
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An exception to the April 2005 cut-off date for future claims covered claimants who are minors; who had repressed their abuse memories; or who knew they were sexually abused as children, but have "not discovered the [resulting] injury or the causal connection between the injury and the child abuse, nor in the exercise of reasonable care should have discovered the injury or the causal connection between the injury and the child abuse."
Doe claimed his suit fell under the last exception, but the archdiocese argued he should have discovered the connection between the abuse and his alleged harm no later than January 2005. Church representatives said the plaintiff read articles in the newspaper about lawsuits arising from Grammond's abuse in the late 1990s, and his own brother had even filed a successful suit in 2001 related to abuse he suffered from Grammond.
http://www.courthousenews.com/2012/02/13/43834.htm
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