Defendants, Archdiocese of Philadelphia, His Eminence Cardinal Justin Rigali, His Eminence Cardinal Anthony Bevilacqua and the

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The abuse perpetuated on the Plaintiffs further constitutes a violation of substantive rights created under state law designed to protect minor children from sexual exploitation and sexual abuse, including but not limited to 18 Pa.C.S. §3121(c) (relating to rape of a child), 18 Pa.C.S. §3121(d) (relating to rape of a child with serious bodily injury), 18 Pa.C.S. §3122.1 (relating to statutory sexual assault), 18 Pa.C.S. §3123(a)(7), (b) (relating to involuntary deviate sexual intercourse with a child), 18 Pa.C.S. §3123(c) (relating to involuntary deviate sexual intercourse with a child with serious bodily injury), 18 Pa.C.S. §3125(a)(7),(8) and (b) (relating to aggravated indecent assault of a child) and 18 Pa.C.S. §3126(a)(7),(8) (relating to indecent assault of a child). The substantive rights created by these and similar state laws are likewise protected from private conspiracies under 42 U.S.C. §1985.
144. Based on the conduct described herein, Defendants conspired with one another and with the pedophile priests for the purpose of impeding, hindering, obstructing, or defeating the due course of justice, with the intent to deny Plaintiffs the equal protection of the laws, and/or to injure Plaintiffs or their property for lawfully enforcing, or attempting to enforce, the right of Plaintiffs to the equal protection of the laws, in violation of 42 U.S.C. §1985(2).
145. Based on the conduct described herein, Defendants conspired with one another and with the pedophile priests to deprive Plaintiffs of equal protection of the laws and equal privileges and immunities under the laws, in violation of 42 U.S.C. §1985(3).
146. Based on the conduct described herein, Defendants conspired with one another
and with the pedophile priests to prevent or hinder state and local law enforcement agencies from giving or securing to Plaintiffs the equal protection of the laws, in violation of 42 U.S.C. §1985(3).
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147. As a direct and proximate result of the intentional conduct of Defendants, Plaintiffs have suffered the injuries and damages set forth herein.
148. As a direct and proximate result of the conduct and conspiracy described herein, Plaintiffs have suffered and continue to suffer a loss of enjoyment of life, severe emotional distress, severe depression, anxiety, embarrassment, pain and suffering, humiliation, loss of vocation and loss of earnings, loss of faith, their ability to live a normal life, and have incurred, or will incur medical, hospital, and psychiatric expenses in connection therewith.
WHEREFORE, Plaintiffs demand judgment against the Defendants, jointly and severally, for compensatory and punitive damages in such sum as a jury determines to be just, reasonable and adequate, including attorney fees, costs and interest, and for such other relief as this Honorable Court deems to be just.
COUNT IV
ACTION FOR NEGLECT
TO PREVENT CONSPIRACY
(42 U.S.C. §1986)
149. Plaintiffs incorporate by reference all of the allegations set forth above as if fully stated herein.
150. Each Defendant had full knowledge that the sexual abuse of minors and the illegal tactics used to conceal such criminal actions, as alleged above, would continue to be committed.
151. Each Defendant had the power to prevent or aid in preventing the commission of the sexual abuse by reporting the pedophile priests to law enforcement agencies, alerting the public about known pedophile priests, and taking disciplinary actions including but not limited to defrocking the pedophile priests.
152. Each Defendant had the power to prevent or aid in preventing the commission of
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illegal acts of concealment by refusing to participate in same, and by instructing their agents to refuse to participate in the same.
153. Despite having the power to do so, Defendants failed to act, failed to warn, and neglected or refused to prevent or aid in the preventing of the sexual abuse of minors and the illegal tactics used to conceal the same.
154. Defendants neglected and refused to aid or prevent the above-alleged crimes and wrongs conspired to be done under 42 U.S.C. §1985(2), including conspiracy for the purpose of impeding, hindering, obstructing, or defeating the due course of justice with the intent to deny Plaintiffs the equal protection of the laws and/or to injure Plaintiffs or their property for lawfully enforcing, or attempting to enforce their rights to equal protection of the laws.
155. Defendants neglected and refused to aid or prevent the above-alleged crimes and wrongs conspired to be done under 42 U.S.C. §1985(3), including conspiracy to deprive Plaintiffs the equal protection of the laws.
156. Defendants neglected and refused to aid or prevent the above-alleged crimes and wrongs conspired to be done under 42 U.S.C. §1985(3), including conspiracy to prevent or hinder state and local law enforcement agencies from giving or securing to Plaintiffs the equal protection of the laws.
157. Defendants’ neglect and refusal to aid or prevent the above-alleged conspiracies is in direct violation of 42 U.S.C. §1986.
158. As a direct and proximate result of the neglect to prevent the conspiracies described herein, Plaintiffs have suffered and continue to suffer a loss of enjoyment of life, severe emotional distress, severe depression, anxiety, embarrassment, pain and suffering, humiliation, loss of vocation and loss of earnings, loss of faith, their ability to live a normal life,
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and have incurred, or will incur medical, hospital, and psychiatric expenses in connection therewith.
WHEREFORE, Plaintiffs demand judgment against the Defendants, jointly and severally, for compensatory and punitive damages in such sum as a jury determines to be just, reasonable and adequate, including attorney fees, costs and interest, and for such other relief as this Honorable Court deems to be just.
EISENBERG, ROTHWEILER,
WINKLER, EISENBERG & JECK, P.C.
By: /s/Stewart J. Eisenberg
Stewart J. Eisenberg, Esquire
Attorney for Plaintiffs
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