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Murray v. Nazareth Regional High School

Diocese Granted Sexual Abuse Claims' Dismissal; Negligence, Related Claims Not Stated

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MEMORANDUM & ORDER Plaintiff William J. Murray III brings this negligence action against Nazareth High School (“Nazareth”), Xaverian Brothers USA (“Xaverians”), and Roman Catholic Diocese of Brooklyn (the “Diocese”), alleging that defendants are liable for the repeated sexual abuse plaintiff experienced at the hands of George Gardiner, a now-deceased member of the Catholic clergy also known as Brother Barton. On August 25, 2021, we granted the Diocese’s motion to dismiss plaintiff’s First Amended Complaint, allowing plaintiff to amend one final time. ECF No. 60. Plaintiff filed his Second Amended Complaint (“2AC”) on October 8, 2021. ECF No. 65. Although Nazareth and Xaverians answered the Second Amended Complaint, see ECF Nos. 66, 68, the Diocese again moves to dismiss pursuant to Federal Rules of Civil Procedure 8 and 12(b)(6) for failure to state a claim for relief. See ECF No. 77. The motion is GRANTED. BACKGROUND Plaintiff claims that he was first sexually assaulted by Brother Barton in 1965 after they were introduced at Camp Calvert, a Catholic summer camp located in Maryland. 2AC

48, 50. At the time, plaintiff was twelve years old. Id. 50. In 1967, plaintiff alleges, Barton took him to New York where Barton sexually assaulted plaintiff and took hundreds of nude and/or pornographic photographs of him. Id.

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