Setting a Precedent for Sexual Abuse Cases, New York Appellate Court Rejects Diocese’s Attempts to Claim Privilege and Withhold Records from Discovery
NEW YORK, NY – Attorneys from Pfau Cochran Vertetis Amala PLLC (“PCVA”) secured a key victory in a child sex abuse case against the Diocese of Brooklyn, obtaining a unanimous and unprecedented court ruling that orders the Diocese to produce its internal files on abusive priests. The decision, one of the first-of-its-kind to reach a New York appellate court and the first submitted to the Second Department, categorically rejects every argument the Diocese raised to justify withholding information from survivors. The landmark decision paves a path to more transparency and accountability in the thousands of cases filed under the Child Victims Act against institutional defendants in New York.
For years, the Diocese of Brooklyn has heavily redacted or withheld information about abusive priests, claiming protections under the First Amendment, clergy-penitent privilege, therapist-patient privilege, and other asserted legal barriers – even when trial courts had specifically ordered the Diocese to produce this information. The Second Department has now rejected its claims of privilege in full.
In its decision, the Court affirmed that the names of other victims abused by the same “alleged pedophile priest” are relevant and discoverable, as they can show whether an institutional defendant like the Diocese knew or should have known that the alleged abuser had a propensity to abuse children. The ruling stems from a case involving Father James O’Brien, a priest the Diocese of Brooklyn has identified on its website as having credible allegations of sexual misconduct with a minor.
“This verdict represents a major victory for the victims of Father James O’Brien, and for every victim who has suffered egregious abuse at the hands of institutional defendants like the Diocese of Brooklyn,” said Anelga Doumanian, partner at PCVA and attorney for the victims. “For years, institutional defendants like the Diocese across New York have resisted turning over even basic discovery, which only results in inexcusable delay for survivors. The court’s opinion sends a definitive signal to institutions, religious and secular, that these privileges cannot be used as a shield to hide evidence and the truth. Simply put, a defendant cannot hide information by selectively withholding information these survivors are entitled to.”
As the Court’s reasoning aligns with earlier decisions from the Appellate Division, First and Third Departments, the opinion signals a unified view among New York’s appellate courts. The Diocese of Brooklyn has faced more than 1,200 lawsuits and has publicly identified over 100 priests with credible accusations.