Monday, December 12, 2005

Follow up: Plaintiffs alleging sexual abuse was so bad they forgot about it now are dropping repressed memories pleadings from their case in Federal Court. Why? "Because they didnt want to lose." Boys Town counsel James Martin Davis. Query are the stakes higher just because you're in the big courtroom now, and the Douglas county case was a trial balloon? Plaintiffs counsel dropped his repressed memories excuse for filing so long after the abuse from his Federal Court lawsuit. US District Judge Smith-Camp was to consider the matter on Dec 21. (Plaintiff's counsel) said he expected the same result from the federal court hearing as came from Rivers' hearing before Douglas County Judge Dougherty, who last month threw out Plaintiffs' repressed memory allegations.
"Noaker nevertheless said he would forge ahead with Duffy's sexual abuse case against Boys Town and the Rev. James Kelly.James Martin Davis, Boys Town's attorney, said the reason Noaker decided not to move forward with the repressed-memory claim was obvious. "He didn't want to lose again," Davis, of Omaha, said. A ruling against him in federal court could help establish a precedent against the claim elsewhere, Davis said.Davis said he will file a motion for summary judgment in the Duffy matter. He already has filed such a motion in the Rivers case. A hearing for that motion is scheduled for Jan. 27, he said. Summary judgment brings about a prompt disposition without a lengthy trial."

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