Maryland

Archdiocese mounts legal test of watershed Maryland Child Victims Act

Published

10 months ago

November 15, 2023

Archdiocese mounts legal test of watershed Maryland Child Victims Act

The Archdiocese of Washington sought to overturn Maryland’s new landmark Child Victims Act in court this week in an effort to dismiss a handful of decades-old allegations of child sex abuse.

If successful, the motion arguing that the law violates the Maryland Constitution could also dissolve a legal avenue for hundreds of other victims trying to sue any institution that harbored their attackers.

The Child Victims Act took effect Oct. 1 and eliminates all statutes of limitations for civil lawsuits regarding child sex abuse in Maryland, part of what lawmakers called a long-overdue public reckoning.

The Archdiocese of Baltimore preemptively filed for bankruptcy protection two days prior, anticipating a wave of lawsuits that it couldn’t afford to defend or pay off. The law immediately prompted multi-plaintiff lawsuits against other institutions, including the private Key School in Annapolis and a sprawling case alleging 50 victims were abused while in custody of Maryland’s juvenile detention facilities.

The Archdiocese of Washington — which includes Montgomery, Prince George’s, Charles, Calvert and St. Mary’s counties in Maryland — is the defendant in two cases, one in Montgomery County and another filed as a class-action lawsuit in Prince George’s County. In both, the archdiocese disputed the underlying allegations.

Late Monday, the archdiocese also filed motions to dismiss the cases on the grounds that the new law violates the Maryland Constitution’s provisions on due process by allowing previously barred claims to be revived.

“The Roman Catholic Archdiocese of Washington is asserting its legal defenses in the cases filed against it,” the archdiocese said in a statement.

“We remain committed, however, to our longstanding efforts to bring healing to survivors through pastoral care and other forms of assistance that are available apart from the legal process. We are also committed to maintaining our robust safe environment policies that have been in place for decades to ensure the protection of all those who are entrusted to our care,” the statement issued Wednesday said.

Lawsuits allege dozens were sexually abused in Md. juvenile facilities

Lawmakers anticipated such a challenge in drafting legislation giving an unlimited window for claims of abuse, and the General Assembly included a provision that would fast-track any ruling about the law’s constitutionality to the Maryland Supreme Court.

The new law was decades in the making and followed a string of failed efforts, including some that lawyers for the archdiocese argue in court papers demonstrate the General Assembly intended to grant it immunity from decades-old allegations that are difficult to substantiate or defend.

Maryland Attorney General Anthony G. Brown (D) told the General Assembly this year that he believed the law would pass constitutional muster and, on Wednesday, vowed to defend it. The state is not a party to the lawsuit that gives rise to the constitutional challenge, but the attorney general represents all state entities, including the legislature, and can weigh in on legal cases.

“As I advised the General Assembly during the 2023 session, I can, in good faith, defend the constitutionality of the Child Victims Act, pursuant to the authorities and opportunities presented under Maryland law, and will do so,” Brown said in a statement.

The Archdiocese of Washington’s filing drew immediate criticism from victim-advocates who say that at the very least, it will delay justice for people who have spent years waiting. Victims of childhood sexual abuse, they note, often struggle to come to terms with what happened well into adulthood. For older victims, the statute of limitations expired in their 20s.

“My opinion is you have two arms of the Catholic Church putting out two different lines of defense,” said Jonathan Schochor, chairman of the law firm Schochor, Staton, Goldberg and Cardea, which is representing roughly 100 sex abuse victims filing cases in Maryland, the majority of which are against the church, he said.

“It’s a two-prong attack,” he said of the Baltimore bankruptcy efforts and the Washington constitutional challenge. He added that “they’re trying to protect admitted wrongdoers and sexual abusers.”

Church lawyers, however, argue in court papers that the law strips the archdiocese of immunity that the General Assembly granted it six years ago. The immunity — called a statute of repose and considered by some lawyers to be irrevocable — was granted in a compromise that extended the statute of limitations for child victims to sue up until they reach age 38.

The church lawyers, and even some previous assistant attorneys general, have argued that eliminating a previously granted right violates due process protections enshrined in the state constitution.

“The 2017 law thus reflected a careful balancing of interests by the legislature — a substantial extension of the limitations period for unexpired claims paired with (among other things) an air-tight guarantee that non-perpetrator defendants would never face revival of expired claims,” archdiocese lawyers said in two similar memos filed late Monday in Montgomery and Prince George’s circuit courts.

The memos argue that even if the statute of repose did not exist, Maryland has a long tradition of not creating a new liability after a statute of limitations had expired.

“The Maryland Supreme Court ‘has consistently held that the Maryland Constitution ordinarily precludes the Legislature … from … reviving a barred cause of action, thereby violating the vested right of the defendant,’” the lawyers said in the memos, quoting Maryland case law.

Schochor, who represents plaintiffs in the Prince George’s case against the archdiocese, countered by saying statutes of repose are rare and often tied to product liability law, such as limiting a builder’s responsibility 20 years after a building is constructed.

The Child Victims Act passed by an overwhelming 175-5 vote in the General Assembly and was signed into law by Gov. Wes Moore (D) on the same day a highly anticipated report by the attorney general became public. That report detailed sexual abuse and “physical torture” by more than 150 clergy members in the Archdiocese of Baltimore from the mid-1940s to 2002. Many of those perpetrators had already been known to the public, and no criminal charges resulted from the report.

The attorney general has been subpoenaing documents and recently hired several new lawyers for an ongoing probe into old abuse allegations involving the Archdiocese of Washington. A spokesman for the attorney general declined to comment on the ongoing investigation.

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Maryland

Fall chill overnight for Maryland

Published

6 hours ago

September 8, 2024

Press Room

Fall chill overnight for Maryland – CBS Baltimore

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Fall chill overnight for Maryland

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Maryland

3 Takeaways from the Spartans’ Victory over Maryland

Published

13 hours ago

September 8, 2024

Press Room

3 Takeaways from the Spartans’ Victory over Maryland

The Michigan State Spartans under head coach Jonathan Smith are 2-0 thanks to a road win against a tough Maryland team, 27-24.

Resilience might be the word to describe this squad so far. The Spartans made some big blunders against the Terrapins and still found a way to battle back. The gritty performance might have been enough to get the Spartans into a bowl game.

Here are three takeaways from the Spartans’ win.

Aidan Chiles: Very Young, Very Talented

Chiles looked vastly improved from the home opener against Florida Atlantic. Again, he looked like an 18-year-old quarterback.

Chiles got not just his first passing touchdown as a Spartan, but three passing touchdowns to go with 24 of 39 passing and 363 yards. He also had three interceptions, which very nearly cost the Spartans the game.

Chiles has about as strong an arm as any quarterback to wear the green and white in recent memory. He is dangerous when he is on the move.

Perhaps a critique is that he should try to make more plays with his legs, he has seemed cautious to these first two games. The first pass rusher to get to Chiles likely won’t bring him down — Chiles has a great feel for the pocket and he is quite slippery.

Chiles overcame some poor mistakes and throwing mechanics (his feet tend to get wide and it factors into his overthrows) to lead the Spartans in the most critical of situations against a sturdy Maryland defense.

Huge game for Chiles, who showed why the hype was so promising.

Can the Spartans Stay Healthy on Defense?

Already, this Spartans squad is beaten up. Dillon Tatum, a key defensive back, lost for the season. Wide receiver Alante Brown, whose injury allowed for Nick Marsh to announce himself to the world, lost for the foreseeable future. Kristian Phillips at guard was huge.

During the Maryland game, several Spartans were beat up. Few even had to go into the tent on the sideline. It will be crucial for the Spartans to remain healthy, especially on defense. Most especially in the defensive backfield.

The Spartans are very confident in their young defensive backs — Justin Denson Jr., Andrew Brinson IV, and Jaylen Thompson can all be very good players, but they need more time to develop.

If more Spartans fall to injury, the defensive backfield could get very young.

Nick Marsh is the Real Deal

Marsh was the recruiting gem of 2024, the best player in a class with plenty of good talent. A highly-rated four-star, Marsh was the No. 107-ranked player in the class by 247Sports. Marsh, of course, stood out in fall camp like the high-profile recruit he was.

6-foot-3, 208 pounds, Marsh already had a man’s body. At just 18 years old.

“Possesses the size, athleticism, and multi-sport profile that projects very well in the long term,” 247Sports’ Gabe Brooks wrote. “Traitsy mismatch wideout with high-major impact potential and the ceiling to develop into an NFL Draft candidate.”

With the loss of Brown, Marsh was asked to step up. Step up he did — eight receptions for 194 receiving yards and a touchdown. Wide receivers coach Courtney Hawkins might have his next in the line of Jalen Nailor, Jayden Reed and Keon Coleman.

Don’t forget to follow the official Spartan Nation Page on Facebook Spartan Nation WHEN YOU CLICK RIGHT HERE, and be a part of our vibrant community group Go Green Go White as well WHEN YOU CLICK RIGHT HERE.

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Maryland

Maryland, D.C. and Virginia get more money for house calls for moms and infants – WTOP News

Published

20 hours ago

September 8, 2024

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Maryland, D.C. and Virginia get more money for house calls for moms and infants – WTOP News

The U.S. Health Resources and Services Administration will provide an additional $23.1 million in federal aid to the agency’s national Home Visiting Program in the District, Maryland and Virginia.

More money is on the way for a home-visiting health care program designed to provide better care for pregnant women, new parents and infants.

The U.S. Health Resources and Services Administration (HRSA) announced an additional $23.1 million in federal aid to the agency’s national Home Visiting Program in the District, Maryland and Virginia.

The extra money is the first time in a decade that the program has received an increase in federal funds, HRSA administrator Carol Johnson said.

“What those resources mean is that we’re able to support nurses, social workers and trained home visitors, and help with those early days of being a new parent,” Johnson said. “All of this has been shown to really make a difference in kids’ outcomes. Kids are so much stronger because they get these kinds of supports.”

Johnson said the program’s success hinges on convenient health visits in a comfortable at-home setting.

“When you’re a new parent, if you have to take off from work and take a few buses to get to an appointment, you’re probably not going to do it,” she said. “But if that person comes to your house and they’re full of resources and knowledge, it’s going to make a huge difference to you.”

Rockville, Maryland-based HRSA spearheads the national program, teaming up with local health organizations to target and reach parents.

Home health care workers can provide breastfeeding support, safe sleep tips and developmental screening for babies. They can even help parents find key services like affordable child care or job and educational opportunities.

“It’s changed my life,” past program participant Fatima Ray said.

Ray said she was introduced to the program in 2015 when she needed help with her infant daughter. She and her husband were first-time parents and stumbled through the first few months with a newborn.

“It felt good, like I had someone on my team,” Ray said. “Those questions you forget to ask the doctor sometimes, she would answer them.”

The experience impressed Ray so much that she became a home health visitor. She is the maternal health coordinator at Primo Center, a homeless shelter for families in Chicago.

“The same care that was given to me, I just want to pass it on,” Ray told WTOP. “I know how much it made a difference in my life. Home visiting matters.”

President Joseph Biden signed bipartisan legislation in 2022 that doubles funding for the program over five years. The move was part of a campaign promise to lower risks linked to pregnancy and improve maternal health, especially among women in rural, tribal and low-income communities.

The national home visiting program will receive $440 million Maryland’s local programs will get $10 million of those funds. Virginia is slated to receive $11 million and D.C.’s home visiting programs will see a $2.5 million increase.

“This will push home visiting forward a lot more,” Ray said. “It’s just going to help tremendously.”

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