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Court Rules On Discovery Motions In Clergy Sex Abuse Case

By Howard M. Friedman

In Dotson v. Hartford Roman Catholic Diocesan Corp., 2011 Conn. Super. LEXIS 386 (CT Super., Feb. 17, 2011), a Connecticut trial court ruled on a number of discovery motions filed by a priest, two Catholic churches and the Hartford Diocese in a lawsuit by a victim of alleged clergy sexual abuse. Among its rulings were the following. The court agreed to "issue a protective order preventing the plaintiff from disseminating any videotaped deposition testimony, transcripts of such testimony and any other information obtained through discovery and not filed with the court in order to protect the parties' right to a fair trial." The court also ruled that it would inspect in camera the priest's personnel file to determine which documents should be released in discovery. The court rejected the diocese's argument that the 1st Amendment protected it from producing a secret archival file. The court said: "it is difficult for the court to imagine that the compelled disclosure of certain documents that are maintained pursuant to canon law would result in an entanglement of the court in church matters sufficient to result in a violation of the diocese's first amendment rights."

Full post as published by Religion Clause on March 28, 2011 (boomark / email).