Sex abuse lawsuit dismissal upheld

Statute of limitations expired for 2 brothers suing S.L. diocese

By Linda Thomson
Deseret Morning News
Published: Tuesday, Nov. 30, 2004 10:27 a.m. MST
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The Utah Court of Appeals has upheld the dismissal of a sexual abuse lawsuit filed by two brothers against the Catholic Diocese of Salt Lake City because the statute of limitations had run out.

Charles Matthew Colosimo and Ralph Louis Colosimo filed suit in 2003, alleging they had been sexually abused as schoolboys by a priest, James F. Rapp, who worked as a teacher at Judge Memorial High School in the late 1960s and early 1970s. The Colosimos had sought $80 million in damages.

Rapp, who is no longer a priest, is serving a 40-year prison term in Oklahoma for molesting a boy there.

Third District Judge Paul Maughan previously dismissed the Colosimo brothers' suit because they missed the legal deadline for filing it.

Larry Keller, the lawyer for the Colosimos, had not had a chance to read the ruling Friday, but said his clients have wanted all along to take their case to the Utah Supreme Court.

"We anticipated very early on that it would be necessary to take this matter to the Utah Supreme Court for a final determination," Keller said.

Matthew McNulty, attorney for the Catholic Diocese of Salt Lake, said the decision was appropriate.

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"The diocese abhors any abuse of any child and stands ready to provide whatever counseling or whatever support is necessary to help a victim or victims heal," McNulty said. "However, we are gratified with the Court of Appeals' decision to uphold Judge Maughan's dismissal of this matter. Hopefully, this matter can be put to rest and there is closure for all parties involved." The Colosimo brothers claimed in their lawsuit that Rapp's religious order knew through a psychological evaluation that Rapp was "subject to very strong deviant urges" and that he had a "schizoid personality."

But the lawsuit said Rapp was ordained a priest in the Oblates of St. Francis de Sales and was recommended for a teaching position anyhow.

Judge Memorial officials had received many complaints in the late 1960s about Rapp inappropriately touching students and asking for sexual favors, but school officials seemed more concerned about protecting Rapp and his religious order than protecting students, the lawsuit states.

The suit named the diocese, Rapp, the Oblates of St. Francis de Sales, the Archdiocese of San Francisco, the board of financial trustees for Judge Memorial and others connected with the school.

The suit alleged that Rapp abused Charles Colosimo (who turned 18 in 1979) from 1972 through 1975, and that Rapp abused Ralph Colosimo (who turned 18 in 1971) sometime prior to 1970 and continued to abuse him throughout his senior year in high school and beyond that.

However, the Utah Court of Appeals said in its ruling that Charles Colosimo's claim expired in 1983 and Ralph Colosimo's claim expired sometime before 1980.

The Colosimos had argued that applying the statute of limitations in this case violated their constitutional rights to due process, equal protection and trial by jury. The appeals court disagreed with that viewpoint.

E-mail: lindat@desnews.com

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