Judge rules against Chicago archdiocese in sex abuse case

CHICAGO (AP) - A judge ruled that a man who alleges he was abused by a Chicago priest 16 years ago can seek punitive damages, breathing new life into the case and others that could cost the Archdiocese of Chicago more money beyond the $130 million it has paid to sexual abuse victims.

In a ruling on Tuesday, Cook County Circuit Judge Clare McWilliams wrote that a man who alleges he was sexually abused as a boy in 2000 by former priest Daniel McCormack can seek punitive damages, which are compensation to punish an offender beyond any losses to the victim. The case is scheduled for trial in July. The judge determined it was reasonably likely that attorneys could prove to a jury that the archdiocese showed "utter indifference" to the safety of parishioners by ordaining and placing McCormack in parishes at a time when it knew about sexual abuse by priests and about questions regarding McCormack's sexual conduct in particular.

The ruling also means that possible victims in future cases involving McCormack can seek such damages if their lawsuits go to trial.

The archdiocese would not say if it would appeal the ruling, saying only in a statement: "We are disappointed in the ruling and will respond in court at the appropriate time."

The judge wrote that not only did the archdiocese know about the "widespread problem of priests abusing parishioners," but McCormack was ordained by Cardinal Joseph Bernardin when the archdiocese knew of several instances of McCormack engaging in sexual acts after drinking alcohol.

The judge also rejected the archdiocese's argument that there was no evidence Cardinal Francis George knew that McCormack was a risk to children. George promoted McCormack to a parish on the city's West Side. He was criticized for failing to remove McCormack from the parish until months after he learned of sexual abuse allegation. He later apologized his handling of the McCormack case. Both the former leaders of the archdiocese, Bernardin and George, have since died.

The archdiocese has paid about $130 million to settle sex abuse claims, including those against McCormack. In 2007, months after his arrest, he pleaded guilty to abusing five children and was sentenced to five years in prison. He was subsequently released from prison and placed in a mental health facility.

In 2014, McCormack was charged with aggravated criminal sexual abuse stemming from another alleged incident in 2005 involving a boy when McCormack was still a priest.