Appeals court upholds dismissal of lawsuit regarding sexaul abuse at Yeshiva University

NY Times     A federal appeals court panel ruled on Thursday that dozens of men who say Yeshiva University covered up their sexual abuse at the hands of rabbis cannot sue for damages because too many years had elapsed since the abuse took place.

In upholding the dismissal of the lawsuit, the three-judge panel for the United States Court of Appeals for the Second Circuit, in Manhattan, placed responsibility for pursuing signs of a cover-up sooner on the 34 men, who say they were abused from the 1970s through early 1990s by two rabbis at the university’s high school in Washington Heights.

At the time the students graduated from Yeshiva University High School, more than 20 years ago, their knowledge that the rabbis who abused them were still allowed to teach at the school “was sufficient to put them on at least inquiry notice as to the school’s awareness of and indifference to the abusive conduct by its teachers,” the judges wrote in their decision.

The plaintiffs argued that the clock did not start ticking on their case until Yeshiva’s role in hiding the rabbis’ conduct was revealed in a December 2012 article in The Daily Forward. But, the judges wrote, when “administrators rebuffed their complaints or otherwise failed to take remedial action” after some of the men reported their abuse, they should have realized that they could have filed suit against the school.

In a statement on Thursday, Yeshiva lauded its current sexual abuse policies for creating a “safe and inspiring” atmosphere, saying that “our thoughts remain with anyone who may have been harmed by actions that occurred many years ago.”

“Today’s decision concludes a legal proceeding that has been trying for all involved,” the statement said. [...]