BishopAccountability.org
	Punitive Damages in Priest Abuse Case Allowed, Court Rules Diocese Had Claimed Anything beyond Compensatory Award Was Unconstitutional By Josh Richman Oakland Tribune [Oakland CA] April 30, 2005 An Arizona man had a right to seek punitive damages from the Roman Catholic Diocese of Oakland for failing to protect him from molestation by an Antioch priest about 25 years ago, a state appeals court ruled Friday. Bob and Tom Thatcher were altar boys at Antioch's St. Ignatius when the Rev. Robert Ponciroli molested them at ages 10 and 8. An Alameda County Superior Court jury awarded Bob Thatcher $875,000 in punitive damages April 13 in his lawsuit against the diocese, as well as $875,000 in compensatory damages; Tom Thatcher sought no punitive damages but won $180,000 in compensatory damages. But the diocese months ago had appealed a judge's ruling clearing the way for Bob Thatcher to seek punitive damages. The diocese claimed letting him do so would violate the state and federal constitutions' ex post facto clauses, prohibiting retroactive application of a law to criminalize conduct that was legal when originally performed. The California Court of Appeal on Tuesday concluded there's no violation of the ex post facto doctrine. Punitive damages, while a form of punishment, are civil and not criminal in nature, the court concluded. "(T)he underlying conduct which forms the basis of the Bishop of Oakland's alleged liability is not criminal," wrote Associate Justice Laurence Rubin. "The Bishop of Oakland did not molest Thatcher and is accused of committing no crime. Instead, its liability rests solely on proof that it failed to prevent criminal conduct by one of its priests."
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