Suit seeks to hold Vatican at fault for abuse by U.S. priests

ST. PAUL, MINN . » Three brothers who were sexually abused by a priest from the Archdiocese of St. Paul and Minneapolis filed a federal lawsuit Tuesday against the Vatican, claiming the Holy See bears responsibility because the case was mishandled by former Archbishop John Nienstedt and the Vatican’s former ambassador to the United States.

The lawsuit attempts to trace a direct line from clergy sexual abuse victims to the Vatican, through Minnesota church officials. Luke, Stephen and Ben Hoffman were abused by former priest Curtis Wehmeyer, roughly between 2009 and 2012.

“I have too many nieces and nephews to let something like this happen to anybody else,” Stephen Hoffman said about his decision to come forward.

Nienstedt and the former ambassador, Carlo Maria Viganò, have previously denied the allegations raised in the lawsuit. The Vatican’s U.S. lawyer, Jeffrey Lena, had no immediate comment. In the past, Lena has described sexual abuse lawsuits against the Vatican as publicity stunts.

The lawsuit’s plaintiffs include two other men who say they were molested by Catholic priests, one in Minnesota and one in California. Those two men sued the Vatican separately within the last year, but attorney Jeff Anderson withdrew their cases in anticipation of Tuesday’s lawsuit. Anderson had also sued the Vatican on two prior occasions without success.

Anderson said he believes the new lawsuit is stronger because he’s made a more complete effort to document Vatican authority over Catholic clerics and to portray the church as a commercial enterprise. The Hoffman brothers’ involvement also allowed him to bring in issues surrounding Nienstedt, which he says are emblematic of how church leaders have covered up abuse.

“The body of evidence and the scope of the complaint is much broader and much more developed than the first time we litigated this,” Anderson said.

Because it has the status of a foreign nation, the Vatican is generally exempt from lawsuits in the United States. Exceptions to the U.S. Foreign Sovereign Immunities Act include wrongful acts committed against U.S. citizens and commercial activities undertaken by foreign nations.

The new lawsuit seeks monetary damages, but the plaintiffs said truth is the goal. The lawsuit asks for court orders requiring the Vatican to turn over names of “credibly accused” priests whose cases have been referred to the Holy See, along with related records. It also seeks names of church leaders who have been implicit in covering up abuse.

Before the Hoffman brothers were abused, church officials received complaints about Wehmeyer’s inappropriate sexual activities.

In 2004, he was cited for loitering in a Minnesota park known as a place to meet for anonymous sex, and he lied to police about his identity, the lawsuit says.

Wehmeyer was later evaluated at a treatment center for troubled priests and diagnosed with a sexual disorder. The archbishop at the time, Harry Flynn, moved him from West St. Paul to the Church of the Blessed Sacrament in St. Paul and assigned him to administrative duties.

But in 2009, about the time Wehmeyer started abusing the Hoffman brothers, Nienstedt promoted Wehmeyer to pastor.