BUFFALO, N.Y. — Survivors of alleged clergy sexual abuse in the Buffalo Catholic Diocese are expressing "tempered hope" after a ruling in federal bankruptcy court this week that could mean their cases might finally be heard.
Judge Carl Bucki ruled Monday that certain lawsuits that name diocesan entities like schools or parishes could be allowed to proceed, denying the diocese's request to keep them on hold.
The ruling means Judge Bucki will decide on a case-by-case basis which lawsuits can move ahead in state court and which ones won't while the diocese's bankruptcy case proceeds.
"This feels like it's a great step forward," said Brian Kirst, an abuse survivor.
Kirst is suing St. Patrick's R.C. Church in East Randolph where he claims he was abused by Father Joseph Friel and Father Louis Hendricks as a child.
For more than three years Kirst and others have waited while the diocese and a committee of creditors, representing survivors tried to reach a settlement agreement but failed.
During that time, the two sides agreed to halt cases against individual entities but when that agreement ended, the diocese asked for an extension and the survivors wanted their day in court.
"Everyone wants some resolution, everyone wants to heal, everyone wants to feel like they're heard," Kirst said.
In his ruling, Judge Bucki cited the impasse in mediation and stated he saw no other reason to rule in favor of the diocese's request.
Cheryl Bentley told 2 On Your Side Tuesday that survivors like herself might finally get closure because of the judge's ruling.
"Time to own up for what you did wrong and then everyone can move on," said Bentley.
Kirst added: "To know that the court has at least acknowledged that the church has been stalling that there are funds in some of the parishes to go forward at least there is that acknowledgement."
In a statement, the Diocese of Buffalo said it was "disappointed by the court's decision" that read in part:
"...we believe – and as has been illustrated elsewhere – that good faith mediation is the best way forward and will provide a more equitable result for all survivors."
The diocese's full statement is below.
As attorney Steve Boyd who is representing survivors points out, however, mediation has not worked.
He adds that while it's unclear how many cases will make it through Judge Bucki's review process and when he says any amount would be progress.
"We've gone so long without being able to have our clients testify that I think the time is right for that to happen," said Boyd.
Judge Bucki is scheduled to hear over a dozen requests for lawsuits to be moved forward next Thursday, October 10.
He will have the option to rule on each case on the same day or reserve his decision for a later date.
Statement from the Buffalo Catholic Diocese on Western District of New York United States Bankruptcy Court Ruling
"Yesterday, Chief U.S. Bankruptcy Judge Carl Bucki issued a decision denying the Diocese’s
request to continue the comprehensive injunction that had previously stayed prosecution of
all Child Victim Act litigation against parishes, schools and other related Catholic entities in
state court.
Notably, while Judge Bucki declined to issue an order continuing the broad stay of all such
litigation, he did observe that many of the cases that have been asserted against parishes,
schools and related entities are nevertheless subject to an automatic statutory stay.
Accordingly, moving forward, it will be necessary to conduct an independent evaluation on
a case-by-case basis to determine if the underlying statutory stay applies.
While the full impact of this ruling is not yet clear, it now appears that certain resources
that would otherwise have been devoted to funding a settlement trust will now
unfortunately be dissipated as costs of litigation. We are disappointed by the court’s
decision, as we believe – and as has been illustrated elsewhere – that good faith mediation
is the best way forward and will provide a more equitable result for all survivors."