Church seeks MTC case to be dismissed

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_moksha
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Church seeks MTC case to be dismissed

Post by _moksha »

The LDS Church has asked the court to toss the rape case against the MTC president due to the statute of limitations.

The lawyers from Ms. Dennison said the time limit for filing only started with her gathering a confession from President Bishop.

The Church is arguing that the deadline is not postponed until a plaintiff has evidence the defendant knew the representation was false. Instead, Church lawyers are contending that “Denson knew by at least early 1984 that Mr. Bishop was not ‘safe, honorable, and trustworthy,’”. “Accordingly, the three-year statute of limitations for her fraud claim began to run at that time. Thus, Ms. Denson’s fraud claims expired in early 1987 — over 30 years ago.”

https://www.sltrib.com/news/2018/05/16/lds-church-seeks-to-dismiss-lawsuit-accusing-former-mtc-president-of-rape/
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Re: Church seeks MTC case to be dismissed

Post by _moksha »

The most interesting point to this argument is that because Bishop was clearly guilty back in 1984, the statute of limitations should have expired in 1987. Therefore the Church is off the hook in terms of responsibility.

Kirton McConkie is able to shift the tectonic plates of past arguments that Bishop was not guilty to one in which his guilt was well known in 1984. Quite a remarkable feat.

Of course, if the Church does not get its dismissal, Kirton McConkie will shift its legal tectonic plates back into a stonewall position. Besides, the members will never even notice or care.
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Re: Church seeks MTC case to be dismissed

Post by _I have a question »

I am geographically prohibited from accessing the link, but if KM successfully argue that Bishops wrongdoing was well known in 1984 they are by default admitting the Church knowingly harboured a sexual predator. That’s a helluva defence...
“When we are confronted with evidence that challenges our deeply held beliefs we are more likely to reframe the evidence than we are to alter our beliefs. We simply invent new reasons, new justifications, new explanations. Sometimes we ignore the evidence altogether.” (Mathew Syed 'Black Box Thinking')
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Re: Church seeks MTC case to be dismissed

Post by _Jersey Girl »

Here you go Ihaq...not formatting this...

LDS Church wants court to dismiss lawsuit accusing former MTC president of rape, saying it wasn’t filed in time

The LDS Church and the former president of the Missionary Training Center in Provo are asking a judge to dismiss a lawsuit they say was filed years too late by a woman who alleges the MTC leader sexually assaulted her while she was a missionary there in 1984.

In court papers filed late Tuesday, attorneys for Joseph Bishop, accused of the assault, and The Church of Jesus Christ of Latter-day Saints contend the statute of limitations for the claims ended in either the late 1980s or early 1990s, well before McKenna Denson filed in federal court.

Bishop’s attorney, Andrew G. Deiss, also took a swipe at Denson, who he wrote “initiated this lawsuit amid a media flourish in early April 2018.”

Utah lawmakers in recent years have extended the deadlines for suing in sex abuse cases — but only in instances where a victim was abused as a child and later wants to sue his or her abuser as an adult. Denson was over 18 when she was living at the training center.

Attorneys for Denson, now 55, argue her three-year window for filing fraud claims did not open until December 2017 — the month she interviewed and secretly recorded Bishop talking about past conversations, some decades ago, with church officials about his behavior. Her federal suit alleges the church committed fraud by presenting Bishop as a safe and trustworthy leader, placing him in charge of the faith’s flagship MTC despite “red flag sexual improprieties” years earlier.

Attorneys for Bishop and the church disagree. The deadline for filing Denson’s assault claim was one year after the alleged 1984 assault, attorney David J. Jordan, representing the LDS Church, wrote, and the deadline for her emotional distress claims was four years. Her two fraud-based claims had to be filed within three years, he wrote.

Denson appears to contend, he added, that she did not discover until December 2017 that the church “knew Mr. Bishop was a ‘sexual predator’ at the time he was placed in a leadership position at the MTC.”

The church denies Denson’s assertion, Jordan wrote. But even if it were true, he added, the 10th U.S. Circuit Court of Appeals has ruled that the time frame for filing a fraud claim begins as soon as a plaintiff learns a statement was false.

The deadline is not postponed until a plaintiff has evidence the defendant knew the representation was false, he said.

Denson “knew by at least early 1984 that, contrary to any alleged representation by [the church], Mr. Bishop was not ‘safe, honorable, and trustworthy,’” Jordan wrote. “Accordingly, the three-year statute of limitations for her fraud claim began to run at that time. Thus, Ms. Denson’s fraud claims expired in early 1987 — over 30 years ago.”

Jordan added that because of the long passage of time, many of the people who knew what — if anything — Denson reported to LDS leaders about the alleged abuse are now deceased.


Keep reading next post...
Last edited by Google Feedfetcher on Mon Jun 04, 2018 8:07 am, edited 1 time in total.
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_Jersey Girl
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Re: Church seeks MTC case to be dismissed

Post by _Jersey Girl »

The remainder...

The U.S. Supreme Court, he wrote, “has long recognized that statutes of limitations — enacted in every state — are designed to protect against situations like this one.”

Denson’s lawsuit, which was filed in federal court in April, said she tried to report the abuse to church officials for years, but her allegations were ignored. Her attorneys on Wednesday did not respond to requests for comment about the latest filings in the lawsuit.

The suit was filed less than a month after MormonLeaks published a recorded conversation between Denson and Bishop. Denson recorded their discussion in December, initially posing as a writer who was interviewing former mission presidents and then confronting him with her assault allegation.

In the conversation, Bishop said he didn’t remember taking her into a room in the basement of the MTC, let alone sexually assaulting her. However, he repeatedly apologized, describing himself as a predator and saying he had confessed to other sexual misconduct.

Three days after the conversation, Bishop told Brigham Young University police officers that he recalled going into his small preparation room with her. “Then while talking to her he asked her to show him her breasts,” the report said, “which she did.”

The defense filings do not address the alleged assault. Greg Bishop, Bishop’s son, has argued his father’s statements in the taped conversation are being misconstrued.

At a news conference Denson held after filing her lawsuit, she said: “It happened. I was raped at the MTC. The church covered it up, and they still promoted him to higher and higher positions of the church.”

The Salt Lake Tribune generally does not name alleged sexual assault victims, but Denson has agreed to the use of her name.


End

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Re: Church seeks MTC case to be dismissed

Post by _Jersey Girl »

Here are the comments. Not editing/formatting. Don't say I never gave you anything even if it's all balled up. :lol:

Hoosier • 19 days ago wrote:Oh! Dismiss the lawsuit because the statute of limitations has expired. And I was thinking they would just prove in court he didn't do what he said he did.

tuffasagong • 19 days ago wrote:Mims would've done such a great job on this article and we are stuck with Pierce... Huntsman, sell the trib back to that hedge fund. Obvious you are an idiot that cannot run a paper.

BJMoose666 tuffasagong • 18 days ago wrote:I will admit a few of the personnel decisions I find questionable. Mims going is one. A Cosellian type sports columnist remaining is another.

tuffasagong BJMoose666 • 18 days ago wrote:Does it start with an M and end with an N?

BJMoose666 tuffasagong • 18 days ago wrote:You are most perceptive.

Inthedoghouse • 19 days ago wrote:Isn't that what this law was for?

https://www.sltrib.com/news...

FloydJohnson Inthedoghouse • 19 days ago wrote:No. That specifically eliminated the statute of limitations in child sexual assault cases. It does not apply in this case. I am not saying her claims are invalid, just that the specific law you reference does not apply in this scenario.

Inthedoghouse FloydJohnson • 18 days ago wrote:That's too bad. Adult rape victims suffer very expensive trauma, as well. It often takes years for a victim to finally gain the courage and strength to come forward and confront their attacker. Many never get there.

Molly • 19 days ago wrote:Legal experts kinda question: Can she bypass the statute of limitations by proving that the Church knew about the misconduct and colluded in an ongoing fashion to keep it secret?

John724 Molly • 19 days ago wrote:The church defense lawyer’s tacit argument that the witnesses of her initial reports are all dead in the meantime so there’s nothing to be investigated today, is rather disturbing.

Molly John724 • 19 days ago wrote:It's creepy.

MelloVox • 19 days ago wrote:Lots of Mormon news lately and none of it good.

Rosebud MelloVox • 19 days ago wrote:Their actions are always inconsistent with what they preach.

MelloVox Rosebud • 19 days ago wrote:True, and it’s time for people to get off of their butts and take the control back.

phantom_scribbler MelloVox • 19 days ago wrote:Trib's going through a lot of changes. They're just trying to decide what the new Trib will look like. Apparently a lot of church articles.

MelloVox phantom_scribbler • 19 days ago wrote:Forgive me if I’m wrong but don’t we already have two news outlets that cater to Mormons ?

John_St_John MelloVox • 19 days ago wrote:Four. Sinclair Broadcasting on channel 2, Fox13, KSL and The Deseret .

MelloVox John_St_John • 19 days ago wrote:Right, my bad. I wonder what utah will be like when it grows up.

Yorgus John_St_John • 18 days ago wrote:Nearly every smaller paper in the state too. Provo Herald, Logan Herald Journal, Spectrum in S Utah.

phantom_scribbler MelloVox • 19 days ago wrote:Yep.

peeej phantom_scribbler • 18 days ago wrote:The Tribune is providing a much needed alternative voice in this region. Try to find an investigative piece or make a comment over on one of the Church News outlets and see what happens.

Packers123 peeej • 18 days ago wrote:agreed, we must have a alternative voice, and even though the state is becoming more diversified, it seems to becoming harder to get one/

BJMoose666 MelloVox • 18 days ago wrote:Is it ever?

MelloVox BJMoose666 • 18 days ago wrote:No, it never is, but it’s nice to see people holding them accountable, well as much as they can.

maggiepi • 19 days ago wrote:If there is one thing the LDS Church is good at it's Revisionist History.. The LDS Church, should start a Petition to have this lawsuit dismissed../s

Latter-Day Dude • 19 days ago wrote:Big shocker from the church of, "We don't seek apologies and we don't give them."

I know the church preaches, rather vehemently, against the sin of "moral relativity"... but good grief, there wouldn't be a church if not for moral relativity... what's more morally relative than, "Sexual assault didn't occur because the statue of limitations has expired."

One of the hardest lessons I learned after 25+ years in the church... YOU/I MEAN NOTHING TO THEM

Frederich von Stüppel Latter-Day Dude • 19 days ago wrote:35 year member here. LDS Inc, and by extension the toxic sludge pit that is Utah culture couldn't exist without moral relativism.

HailUtahistan • 19 days ago wrote:I'm sure the Lord spoke directly to the Mormon Apopsicles and said, "Thou shalt defend rapists."

WeaverFan420 HailUtahistan • 17 days ago wrote:Thou shalt file a motion to dismiss the lawsuit

Frederich von Stüppel Guest • 19 days ago wrote:It's almost as if they consult a PR firm and ask "What's the worst possible thing we can do to damage our public image?"

EnjoyTheMadness • 19 days ago wrote:Nothing unexpected here. Attorneys in general should have a plan for the steps to take, starting with the options that benefit their client the most and will walk through and argue each one until the consequences are less than the money required by the client. In lds inc's case, they have deep pockets, so when the time comes that a few million and a gag order are agreed to, they will resolve the case. Of course, each motion that is denied and the closer they get to trial the higher the dollar figure goes. Her attorney team knew this would be a long road and the more damage they can extract on lds inc's image, the quicker lds inc will try and close the deal.

MidWestUte • 19 days ago wrote:LOL.....was waiting for this. They don't want to go to court 'cause they know the perv will be found guilty. Would it not be better to defend this derp and prove all the boys in high chairs did not know what he had done? Sure, but the white suit boys know the hammer will fall, and fall hard.

MidWestUte • 19 days ago wrote:I was waiting for this. White suit boys don't want to go to court as they know information will be brought forth at trial to show he had been talked to about his behavior. White suits don't want dirt in the laundry basket!!!!!

Stringer Bell • 19 days ago wrote:They've got to get this case dismissed. There's too much work to be done by The Church's meddling in the current marijuana initiative.

You don't pay taxes on all of the money you amass, accordingly, stay out of our politics. And in this MTC rape case, let justice prevail.

John_St_John • 19 days ago wrote:At the rate they are going with all of the cover-ups and witness intimidation regarding sexual assault, the L.D.S. should start referring to themselves as the Roman Mormon Church.

BJMoose666 John_St_John • 18 days ago wrote:Protecting the predators because deep down inside they KNOW that he really is a good guy.

Fee-fi-fo-fum John_St_John • 18 days ago wrote:Insinuating that sexual abuse within Mormonism is even remotely on par with that found in Catholicism is a stretch of muscle pulling proportions. Even for someone as ignorant as yourself.

Tracy Dibbell • 19 days ago wrote:B.s. he should be tried and convicted ( guilty or not guilty) just like every other person in this world! Mormon or not!

PlayNice • 19 days ago wrote:The Corporation commits fraud on a daily basis simply by its existence. What's one more case of fraud to dismiss.

Guy Incognito • 18 days ago wrote:I guess they have Scott Pierce covering Bob Mimms' old beat now? That's a shame.

Smonster • 18 days ago wrote:So the LDS's position is: we may or may not be all the things your accuse us of, but you are too late to do anything about it?

Pure wholesome goodness directed by God upon high.

Thanos The Progressive • 18 days ago wrote:This is very disappointing. A technicality should not stand between this woman and justice.

Latter-Day Dude Thanos The Progressive • 18 days ago wrote:It's not a technicality standing between her and justice... as of 1923 it's the Corporation of the President of The Church of Jesus Christ of Latter-day Saints

Inthedoghouse • 18 days ago wrote:When I was a part of the LDS church, they always told me to ask myself, "What would Jesus do?" when confronted with a situation. The behavior of the LDS church in this situation isn't it.

Latter-Day Dude Inthedoghouse • 18 days ago wrote:I get the very distinct impression that they don't include Him in many, if any, decisions they make... unless they have a PR guy, accountant and lawyer all named Jesus.

marc1977 • 18 days ago wrote:Ahh, the will of God is that lawbreaking is ignored when a technicality is involved. Does this apply to sin as well? I bet not.

"But bishop, technically, smoking marijuana is not against the word of wisdom, just against the law. Therefore, I follow the word of wisdom."

Let's see how far that goes to a temple recommend, though technically absolutely true.

BJMoose666 • 18 days ago wrote:Why do they continue to defend this filth unless it’s because they are the same themselves.

Nugliscious • 18 days ago wrote:And folks still vehemently defend these characters that refer to themselves as apostles and prophets. After witnessing all the shenanigans the Mormon church has pulled on society, I'm surprised at the hordes that still fill the pews.

What's the matter with these people?

Samhain • 18 days ago wrote:Just because the holy spirit debauched a married woman and got away with it, Mormon elders shouldn't be allowed to get away with it when they do something similar! Gotta draw the line somewhere!

s j • 18 days ago wrote:Given that a foundational tenet of Mormon theology is that God had a son with his own daughter, with that type of deviant moral compass, why would we expect anything less by those who are his supposed stand-ins on Earth?

justMe • 18 days ago wrote:Naw, instead let's throw an extra penalty at the church for not dealing with sexual abuse issues in a timely manner.

peeej • 18 days ago wrote:And the so-called church wonders why so many people can't leave them alone...

RedSandRocks • 18 days ago wrote:This is how the Church and the GOP show us how responsible they are.

Par4Course • 18 days ago wrote:The personal injury damages Ms. Denson seeks arise from her claimed 1984 assault, 34 years ago, well beyond any statute of limitations. She knew of the assault and her damages in the mid-1980s, and she knew that the LDS had presented her assailant as safe, honorable and trustworthy, even though she says he wasn't any of those things. The limitations period encourages fresh claims - when the proof of guilt or innocence is available and when, if the charge is proven, the assailant can be timely punished. Alleged sexual assault victims should not be rewarded for sitting on their claims for decades during which time their attackers are able to prey on other victims. Stale claims like this one should be dismissed.

WeaverFan420 • 17 days ago wrote:Right, so it's not that the guy is innocent, but that the victim didn't press charges in time. This makes the church look real good!

khkartc . • 16 days ago wrote:Typical—statutes of limitation are sacrosanct when individuals or organizations we ~like~ are availing themselves of them. But they become a dodge and a technicality when they’re utilized by someone we ~don’t~ like. It all comes down to whose ox is being gored on any given day.
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Re: Church seeks MTC case to be dismissed

Post by _Res Ipsa »

I have a question wrote:I am geographically prohibited from accessing the link, but if KM successfully argue that Bishops wrongdoing was well known in 1984 they are by default admitting the Church knowingly harboured a sexual predator. That’s a helluva defence. . .

If the newspaper is correct that this is a motion to dismiss, then the Church has to accept the facts alleged in the complaint as true for purposes of the motion. The form of the motion would be something like: even if everything Denson alleged is true, her claims are still legally barred by the statute of limitations. The appearance of admissions by the Church is due solely to the requirements of a motion to dismiss.

I’ll see if I can find a copy of the motion and post a link.
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Re: Church seeks MTC case to be dismissed

Post by _Stem »

Res Ipsa wrote:If the newspaper is correct that this is a motion to dismiss, then the Church has to accept the facts alleged in the complaint as true for purposes of the motion. The form of the motion would be something like: even if everything Denson alleged is true, her claims are still legally barred by the statute of limitations. The appearance of admissions by the Church is due solely to the requirements of a motion to dismiss.

I’ll see if I can find a copy of the motion and post a link.

That sounds weird. So if the court rejects the motion to dismiss does this then suggest the Church has already admitted guilt and thus there would be no further case to be made?
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Re: Church seeks MTC case to be dismissed

Post by _Res Ipsa »

Yep, it sounds weird. Nope, it’s not any sort of admission. The rules simply place a heavy burden on the defendant who seeks to have a case dismissed based solely on the pleadings. The defendant has to show that, even if everything that the plaintiff factually alleges is true, the law does not provide the plaintiff with a legal remedy. A statute of limitations defense is often pursued with this type of motion. Typically, these motions are tough to win because the defendant cannot dispute any of the facts alleged by the plaintiff. If he does, the motion is denied.
​“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”

― Hannah Arendt, The Origins of Totalitarianism, 1951
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