Amicus Briefs

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Issue Presented 

Whether a 2021 Maine revival statute, which eliminated the statute of limitations for civil claims based upon child sexual abuse, retroactively created a new theory of liability in violation of the Maine Constitution.

Factual Summary

For Robert Dupuis and countless others, the trauma they endured as children was compounded by years of silence and inaction from those who should have protected them. Dupuis and his fellow plaintiffs were victims of sexual abuse at the hands of clergy members, and they allege that the Roman Catholic Bishop of Portland not only failed to prevent the abuse but actively concealed it for decades. These survivors now seek justice, empowered by Maine’s 2021 revival statute, which eliminates the statute of limitations for certain civil claims, allowing cases of historical sexual abuse to be heard.

Despite this, the lower court dismissed their claims, relying on outdated legal limitations.¹ Dupuis and the other survivors are now pleading with the Maine Supreme Judicial Court to recognize their right to be heard and to hold the church accountable for the lasting harm they suffered. For these survivors, this case represents not just a legal battle, but a fight for the acknowledgment of their pain and the accountability that was denied them for so long.

AAJ’s Position

AAJ, Public Justice and the Maine Trial Lawyers Association (MTLA) filed an amicus curiae brief in support of Dupuis and the other survivors, arguing that the 2021 revival statute is a necessary and just tool for addressing the harm inflicted on victims of historical abuse. AAJ contends that denying these survivors their day in court based on outdated statutes of limitations is a grave injustice, especially when the abuse was systematically concealed by the institution that should have protected them. The revival statute represents a societal commitment to righting the wrongs of the past and ensuring that no survivor is barred from seeking justice just because too much time has passed.

Outcome: Pending

Citation

Brief of Amici Curiae American Association for Justice, Maine Trial Lawyers Association, and Public Justice in Support of Plaintiffs-Appellants and Reversal, Dupuis v. Roman Catholic Bishop of Portland, No. BCD-23-122 (September 18, 2023).

^[1] Dupuis v. The Roman Catholic Bishop of Portland, No. BCD-CIV-2022-00044, 2023 WL 2117841 (Me. B.C.D. Feb. 13, 2023).