Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Murray v. Nazareth Regional High School

Diocese Granted Sexual Abuse Claims' Dismissal; Negligence, Related Claims Not Stated

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER Plaintiff William J. Murray III brings this negligence action against Nazareth High School (“Nazareth”), Xaverian Brothers USA (“Xaverians”), and Roman Catholic Diocese of Brooklyn (the “Diocese”), alleging that defendants are liable for the repeated sexual abuse plaintiff experienced at the hands of George Gardiner, a now-deceased member of the Catholic clergy also known as Brother Barton. On August 25, 2021, we granted the Diocese’s motion to dismiss plaintiff’s First Amended Complaint, allowing plaintiff to amend one final time. ECF No. 60. Plaintiff filed his Second Amended Complaint (“2AC”) on October 8, 2021. ECF No. 65. Although Nazareth and Xaverians answered the Second Amended Complaint, see ECF Nos. 66, 68, the Diocese again moves to dismiss pursuant to Federal Rules of Civil Procedure 8 and 12(b)(6) for failure to state a claim for relief. See ECF No. 77. The motion is GRANTED. BACKGROUND Plaintiff claims that he was first sexually assaulted by Brother Barton in 1965 after they were introduced at Camp Calvert, a Catholic summer camp located in Maryland. 2AC

48, 50. At the time, plaintiff was twelve years old. Id. 50. In 1967, plaintiff alleges, Barton took him to New York where Barton sexually assaulted plaintiff and took hundreds of nude and/or pornographic photographs of him. Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Premises Liability Litigation Attorney Needed (3-6 yr.)

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›
Deputy District Attorney III

Join the Mendocino County District Attorney s Office and work in Mendocino County home to redwoods, vineyards and picturesque coastline. ...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements