Judge upholds charitable immunity in Massachusetts misconduct case

Published: 2004-09-20

SPRINGFIELD, Mass. (CNS) -- In a ruling that could have a major impact on the future course of the clergy sexual misconduct scandal in Massachusetts, a Hampden Superior Court judge has upheld the state's charitable immunity law. Judge John A. Agostini's upholding of the statute, designed to prevent money donated to charities from being dissipated on liability settlements, means that dioceses and other religious charities cannot be required to pay liability damages for any negligence that occurred before Sept. 16, 1971. A charity found negligent for something it did after that date can only be required to pay a maximum of $20,000 in damages, Agostini ruled. His Aug. 2 ruling came in the case of Jane Martin, a woman who alleges that she was sexually abused by Father Robert E. Kelley, a priest at Notre Dame Parish in Southbridge, between 1969 and 1974. Martin is suing Father Kelley and the Diocese of Worcester over her alleged abuse. But since she now lives in the town of Hampden, she opted to pursue her case in Hampden County.

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