Smith v. O'Connell
| Decision Date | 17 March 1998 |
| Docket Number | Civil Action No. 93-660-T.,Civil Action No. 93-661-T.,Civil Action No. 93-615-T. |
| Parties | Kenneth SMITH v. Rev. William C. O'CONNELL, et al. Michael KELLY v. Robert MARCANTONIO, et al. Stephen KELLY v. Robert MARCANTONIO, et al. |
| Court | Rhode Island Supreme Court |
Richard Daniel Prentiss, McGovern, Noel & Benik, Providence, RI, Carl P. DeLuca, DeLuca & DeLuca, Providence, RI, Richard A. Cappalli, Woonsocket, RI, Timothy J. Conlon, Providence, RI, for plaintiff Kenneth Smith.
Thomas R. Bender, William A. Curran, James T. Murphy, Hanson, Curran, Parks & Whitman, Providence, RI, William T. Murphy, Providence, RI, for defendant William C. O'Connell, St. Mary's Church Corporation.
Thomas R. Bender, James T. Murphy, William T. Murphy, Hanson, Curran, Parks & Whitman, Providence, RI, R. Christopher Barden, R.C. Barden & Associates, Plymouth, MN, Charles H. Wilson, Washington, DC, for defendant Kenneth Angell.
Thomas R. Bender, William A. Curran, James T. Murphy, Mark W. Dana, Hanson, Curran, Parks & Whitman, Providence, RI, William T. Murphy, Providence, RI, R. Christopher Barden, R.C. Barden & Associates, Charles H. Wilson, Washington, DC, for defendant Louis A. Gelineau.
Thomas R. Bender, Hanson, Curran, Parks & Whitman, Providence, RI, R. Christopher Barden, R.C. Barden & Associates, Plymouth, MN, Charles H. Wilson, Washington, DC, for defendant Church of the Holy Ghost North Tiverton.
Thomas R. Bender, James T. Murphy, Mark W. Dana, Hanson, Curran, Parks & Whitman, Providence, RI, William T. Murphy, Providence, RI, R. Christopher Barden, R.C. Barden & Associates, Charles H. Wilson, Washington, DC, for defendant Roman Catholic Bishop of Providence.
Thomas R. Bender, James T. Murphy, Hanson, Curran, Parks & Whitman, Providence, RI, William T. Murphy, Providence, RI, R. Christopher Barden, R.C. Barden & Associates, Charles H. Wilson, Washington, DC, for defendant Daniel P. Reilly.
Susan E. McGuirl, Richard C. Bicki, Cerilli, McGuirl & Bicki, Providence, RI, Lise M. Iwon, Laurence and Iwon, Wakefield, RI, for plaintiffs Michael Kelly, Stephen Kelly.
Gerald C. DeMaria, Paul S. Callaghan, Higgins, Cavanagh & Cooney, Providence, RI, for defendant Robert Marcantonio.
William T. Murphy, Providence, RI, R. Christopher Barden, R.C. Barden & Associates, Charles H. Wilson, Washington, DC, for
defendant Daniel P. Reilly, St. John Vianney Church, Raymond A. Beaulieu.
MEMORANDUM AND ORDER GRANTING SUMMARY JUDGMENT
The defendants in these cases have moved for summary judgment on the ground that the plaintiffs' claims of childhood sexual abuse by priests serving in the Roman Catholic Diocese of Providence are barred by the statute of limitations. The principal issues presented are:
1. Whether a temporary inability to remember the alleged acts of abuse, a failure to recognize those acts as tortious or a difficulty in overcoming a reluctance to "re-live" the matter by initiating legal action constitutes a condition of "unsound mind" that tolls the period of limitations; and
2. Whether the failure of church officials to disclose their alleged knowledge of previous sexual misconduct by the priests amounted to "fraudulent concealment" of the plaintiffs' causes of action, for tolling purposes.
Because I find that "unsound mind" includes only conditions that render a person incompetent or incapable of managing his or her daily affairs; and, because I also find that "fraudulent concealment" of a cause of action requires something more than a defendant's failure to volunteer information that might be useful in attempting to prove that defendant liable for a tortious act, I answer both questions in the negative and, therefore, grant the defendants' motions for summary judgment.
The plaintiffs are young men who allege that, when they were minors, they were sexually abused by priests serving in the Roman Catholic Diocese of Providence. The defendants are the priests, various diocesan officials and the churches to which the priests were assigned. The diocesan officials and churches are, hereinafter, jointly referred to as the "hierarchy defendants."
The plaintiffs seek to recover damages for a variety of state law torts and have invoked this Court's diversity jurisdiction. The allegations underlying the plaintiffs' claims are summarized in this Court's Memorandum and Order denying the defendants' motions to dismiss for lack of subject matter jurisdiction. See Smith v. O'Connell, 986 F.Supp. 73, at 75 (D.R.I. 1997). However, for purposes of these motions for summary judgment, a more detailed recitation of those allegations together with the facts developed during discovery and the undisputed facts set forth in the parties' affidavits is required.
Kenneth Smith avers that he was abused by Fr. William O'Connell during the period between 1972 and 1977 while he was in high school.1 Stephen and Michael Kelly aver that they were abused by Fr. Robert Marcantonio. Stephen alleges that the assaults on him occurred between 1975 and 1981 while he was in high school and Michael alleges that he was assaulted between 1981 and 1985 when he was a high school and college student.
Kenneth Smith filed suit on November 3, 1993, when he was thirty-three years old. Stephen and Michael Kelly filed their suits on December 1, 1993, when they were thirty-two and twenty-six years of age, respectively. Thus, it is clear that all of the plaintiffs attained the age of majority more than three years before commencing these actions.2
Smith reached the age of majority in 1981, approximately five years after his alleged abuse ceased. At that time, he was a fulltime student at the University of Rhode Island and participated in the ROTC program as a member of the Rhode Island National Guard. As part of his ROTC obligation, he successfully completed six weeks of reconnaissance training at Fort Bragg, North Carolina. He later dropped out of school because of poor grades, took a job as a security guard and was married. Shortly thereafter, he quit his job as a security guard because the irregular hours prevented him from spending sufficient time with his wife. For the next three years, he held a series of jobs as an insurance agent, a maintenance worker, a proofreader and a parcel handler for UPS. During that period, he fathered two children and earned a commission as an officer in the National Guard where he served as an infantry platoon leader. A year later, Smith resigned from the National Guard because he felt that his unit lacked professionalism and because the commitment interfered with his family responsibilities.
In 1986, Smith obtained employment with an advertising firm. Several months later, he filed a bankruptcy petition because he was unable to meet the financial obligations of supporting his family. His employment with the advertising firm continued until July of 1991 when he was laid off due to lack of work. During his tenure there, he was promoted several times and, eventually, became a production manager. After being laid off, Smith obtained a position as a plant manager for a recycling company, a position that he held at the time this action was commenced.
Between 1988 and 1992, Smith underwent psychiatric counseling for difficulties arising, primarily, from the relationship between his parents. He also was treated for substance abuse several times during the 1980s and early 1990s, a problem that may have begun in 1975 when he was fifteen. Smith never was hospitalized for any of these problems. Nor was he ever placed under guardianship or conservatorship.
Smith asserts that he had no memory of the alleged assaults until sometime in 1991 or 1992 when his mother made reference to a trip to Ireland that Smith took with Fr. O'Connell in 1977.
The alleged assaults on Michael Kelly began in 1981 and continued until 1985 when he was a junior in high school. In 1986, he graduated, having played varsity baseball and basketball and having played in the school band. One year later, he moved to Canada with his mother and worked as a laborer in his cousin's construction firm for several years. In 1992 he obtained employment as a sales consultant for an electronics company and eventually, was promoted to a managerial position, a job that he held when this action was commenced.
Michael asserts that he drinks frequently and often has problems sleeping. However, there is no indication that he ever was treated for any substance abuse problem or mental disorder. Nor has any guardian or conservator ever been appointed for him.
Michael acknowledges that he has been conscious of the assaults on him ever since they occurred. However, he contends that he did not appreciate their wrongful nature until sometime in 1991 because Fr. Marcantonio told him that such activities were part of his religious training regarding sexuality.
According to Stephen Kelly, the assaults on him began in 1975 and continued until 1981 when he was a junior in college. The following year, Stephen, who previously had been an honors student, stopped going to class and began smoking marijuana on a regular basis. As a result, his grades suffered, he withdrew from school and he returned to live with his parents. After briefly working and taking courses as a part-time student at the University of Rhode Island, Stephen moved to Nantucket where he lived with his girlfriend for approximately four years and worked as a carpenter and scallop shucker. During 1987 and 1988, Stephen and his girlfriend lived in communes in California and Vancouver where Stephen performed odd jobs in exchange for their accommodations. However, when Stephen was unable to fulfill his work commitments, he left the commune and began collecting welfare benefits. At that time, he also sought counseling for the first time. He went to two...
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