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Cheyenne attorney Paul Hickey is representing the Diocese of Cheyenne, former bishops David Ricken and Joseph Hart, and Carr, who is vicar general for the diocese.
The defendants in a federal civil lawsuit have denied a woman's allegations that a deacon at St. Anthony's Catholic Church in Casper imposed a sexual relationship on her, according to court documents filed last week. An attorney for the Diocese of Cheyenne also asserts the court cannot involve itself in the church's personnel policies because of the First Amendment, and should dismiss the lawsuit.
John Masterson and Alaina Stedillie, denied physically assaulting her in 2008 or having such a sexual relationship, according to his response filed Tuesday.
The First Amendment prohibits the government from involving itself in the church's personnel policies, Hickey wrote in his motion to dismiss the case filed Wednesday.
To bolster the diocese's defense, Hickey included affidavits from Judicial Vicar Rev. Thomas E. Cronkleton Jr. and Bishop Paul Etienne. He also included the Latin English edition of the "Code of Canon Law" and Canon Law commentaries on church governance and the role of deacons in both Latin and English from Pope Paul VI, Pope John Paul II and Pope Benedict XVI. Passionate views, pointed criticism and critical thinking are welcome. Name calling, crude language and personal abuse are not welcome. Moderators will monitor comments with an eye toward maintaining a high level of civility in this forum. Our comment policy explains the rules of Nike Air Max 90 X Atmos Black Tiger Camo
"The claims will require that the Court examine the policy, doctrine and beliefs of the Church and how they govern the relationship between a bishop and his clergy, which are forbidden by the first amendment," the response states.
As a result, Seeley should neither recover any damages for alleged physical and emotional suffering nor punitive damages, according to Stewart's response.
deacon deny sexual relation allegations
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"For the same reasons, it would be unconstitutional for a civil court to pass judgment on the Catholic church's hiring or retention of a deacon who, like a priest, is a member of the Catholic clergy and part of the church's hierarchy," Hickey wrote.
St. Anthony's Church, and its priests the Revs. Kevin Koch and Lucas Kazimiro Simango also denied Seeley's allegations about the relationship and negligence, according to their attorneys, Weston Reeves and Anna Reeves Olson of Casper, who filed their response on March 13.
If your comment was not approved, perhaps.
Defense attorneys responded that Seeley is barred from pursuing the case by certain legal doctrines, such as the statute of limitations, and that she was responsible for any alleged injuries.
knew or should have known of this inappropriate and meretricious sexual relationship imposed upon plaintiff by Defendant Stewart in the course and scope of his employment," according to the complaint filed by her attorneys, Traci Mears of Casper and William Fix of Jackson.
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Kathy Seeley, who now lives in Colorado, claimed the Rev. Michael Carr in 2002 referred her for grief counseling from Deacon Don Stewart, whose "vicious physical assaults and physical sexual relationship" caused physical and emotional damage, according to her complaint filed on Jan. 17.
The same holds true for a deacon, who assists with the ministries of a parish including the liturgy and charity, he wrote.
The court should dismiss Seeley's lawsuit because of the First Amendment prohibition against government interference with church policies, he wrote.
The Diocese Air Max 90 Green And Black of Cheyenne responded specifically to Seeley's allegations the diocese, bishops, St. Anthony's and its priests were negligent in their hiring, supervision, training and retention of Stewart.
Citing a lawsuit filed against the Archdiocese of Denver in the late 1990s, Hickey wrote the government cannot make decisions about the employment of a priest accused of sexual abuse.
The plaintiff's name is being published because this is a case in civil court, where the plaintiff brings the case forward. The Star Tribune does not name victims in criminal cases of sexual assault, in which the state files the charges against a defendant.
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