Confidential
Settlement – $5,200,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Edward L. Bennett M.A.
(technical)
William E. Foote
(medical)
Thomas L. Hodges
(technical)
Theodore Vavoulis
(technical)
Kelly E. O'Donnell
(technical)
Thomas P. Doyle
(technical)
A.W. Richard Sipe
(technical)
Defendant
Patrick R. Lagges
(technical)
Lester M. Zackler M.D.
(medical)
Joel H. Goodman
(technical)
Edward L. Workman
(technical)
Timothy Mallory
(technical)
Janet Sonne
(medical)
Gregory Ingels
(technical)
J. Kenneth Jones
(technical)
Peter Formuzis Ph.D.
(technical)
Facts
The plaintiff contended that in 1991 when plaintiff was 17 years old, he was molested two times by defendant
Monsignor Michael Harris. At the time, the plaintiff was minor student at a Diocese of Orange High School,
Santa Margarita Catholic High School. Monsignor Harris was the principal of that high school. The plaintiff
maintained that Monsignor Harris had been molesting boys for years. Three other victims alleged that they had
been molested by the same priest and one other victim alleged that he had been sexually assaulted by the priest.
The defendant maintained the first report of wrongdoing was in 1993, two years after DiMaria claims he was
molested. Defendant Diocese maintained that it suspended Harris and it began its investigation in December
1993, immediately after a mother came forward and told the Diocese of Orange that her late son had died of
AIDS and had been molested by Harris. After suspending Harris, Diocese of Orange had Harris evaluated by a
psychologist.
The plaintiff claimed that defendants Archdiocese of Los Angeles and Diocese of Orange knew or should have
known that Monsignor Harris was molesting kids. Specifically, the plaintiff contended that in 1980, a priest
spiritual director was told by a seminarian that Monsignor Harris had molested a minor at another Catholic
high school. The plaintiff argued that the defendant Dioceses failed to monitor and supervise Monsignor Harris
by allowing minor children to spend the night with Monsignor Harris in his home without other adults.
Monsignor Harris filed a writ of mandate to the Court of Appeals during the pendency of the case. In that writ,
Monsignor Harris argued that a medical report reflecting a psychological analysis of him, which had been
ordered by the Diocese of Orange, was protected by a doctor/patient privilege. The Court of Appeal summarily
denied that writ. Monsignor Harris filed a petition of review with the California Supreme Court, but the
Supreme Court denied that petition and the medical report was ordered to be produced to the plaintiff.
The defendant dioceses also filed a writ of mandate with the Court of Appeal regarding the production of its
internal investigation file into the allegations of molestations by Monsignor Harris arguing that the file was
protected by the attorney/client privilege and the privacy rights of Monsignor Harris and the alleged victims.
The Court of Appeal requested briefings by the parties and held an oral argument. The Court of Appeal
conducted an in camera review of each of the documents in the investigations file and then ordered the
production of the majority of the documents, including witness statements taken by DioceseÆs investigation
team investigating the allegations of molestations.
Defendant Archdiocese of Los Angeles also filed a motion of summary judgment, arguing that under Canon
Law and Papal decrees, it was not responsible for the actions of Monsignor Harris because he was a priest in
another diocese, the Diocese of Orange.
Damages
In addition to his emotional distress and physical injury damages, the plaintiff sought loss of past and future income.
Injuries
The plaintiff allegedly suffered from severe emotional distress and anguish, including feelings of anger, shame, helplessness, guilt, humiliation and depression. Additionally, the plaintiff allegedly suffered from frequent periodic episodes of anxiety, panic and psychological injuries, including suicidal ideation and paranoia. The plaintiff also allegedly experienced fear of the future of not being able to cope in the future. The plaintiff allegedly sustained severe physical injuries as a result of the alleged abuse, including common headaches, loss of appetite, nausea, fatigue, loss of weight, insomnia, dizzy spells, muscle tension and chest pains. Additionally, he allegedly had recurrent nightmares and his mental and physical capabilities were restricted in that he had an inability to focus, inability to maintain an affectionate relationship, in inability to deal with minute problems and an inability to maintain other relationships. Finally, as a result of the trauma, the plaintiff allegedly suffered from continuous, intense and prolonged spiritual and religious pain, anguish and despair. After 1991, plaintiff subsequently earned a bachelorÆs degree and graduated from law school.
Result
Almost four years after the plaintiff sued the defendants, the parties entered into mediation. The mediation was conducted over three days by Judge James P. Gray, the presiding judge in the case. On Aug. 1, 2001, the plaintiff settled his case against defendant Bishop of Orange and defendant Archbishop of Los Angeles. The settlement contained five points. First, the Diocese of Orange and the Archdiocese of Los Angeles agreed to pay the plaintiff $5.2 million within 15 days. Second, the diocese agreed to implement and/or enhance specific policies regarding sexual misconduct by clergy. Third, both dioceses issued public apologies to plaintiff Ryan DiMaria and four other specifically named victims and their families. Fourth, defendant Diocese of Orange issued a letter to dioceses, parishes, and schools notifying them of the allegations of molestations made by Michael Harris. On Aug. 10, 2001, the plaintiff resolved his case against defendant Harris. Rather than seeking money from defendant Harris, the plaintiff demanded that Harris request to be laicized (defrocked) as a Catholic priest. After hours of negotiations, defendant Father Harris agreed to request from the Bishop that he be laicized. Defendant Bishop of Orange submitted the laicization papers to the Vatican and the Vatican issued a decree of laicization of Michael Harris on Nov. 23, 2001.
Other Information
As part of the plaintiffÆs settlement with defendants, the Diocese of Orange and the Archdioceses of Los Angeles agreed to implement and/or enhance specific policies against sexual misconduct by clergy. Both dioceses will insure that any priest who has been proven guilty of molesting minors will be removed from ministry. Both dioceses will set up 1-800 numbers and Websites where individuals are encouraged to provide information regarding alleged sexual misconduct by clergy. On an annual basis, a pamphlet entitled "Respecting the Boundaries," will be distributed at all parishes and dioceseÆs schools. All priests will be instructed to report allegations of clergy sexual misconduct to the Bishop. The existing fraternization policy between priests and minors will be clearly set forth in writing. Both dioceses will institute an assistance ministry which will be coordinated by a nonclergy psychiatrist, psychologist or social worker who will act as the advocate for the alleged molestation victims. All priests in both dioceses will sign an acknowledgment that they received copies of the diocesan policies against clergy sexual misconduct and will adhere to those policies. If an individual makes a report of molestation to either dioceses, the dioceses will be forthright and honest about prior proven complaints of sexual misconduct relating to the same priest. A checks and balances systems will be maintained so diocesan school principals will be monitored. Any person departing St. JohnÆs Seminary will be interviewed by an independent third party for purposes of identifying any sexual impropriety in the seminary. Every priestÆs file in both dioceses will be stamped with a notice explaining that sensitive information regarding that priest may be maintained in a separate file.
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