The Michigan Supreme Court is agreeing to hear a case involving the alleged sexual assault of a minor by a priest who previously served in Lansing's Catholic community. The high court's decision could impact the state's treatment of the statute of limitations for future cases involving child sexual assault survivors.
In 2021, Brian McLain filed a lawsuit in Livingston County alleging that Father Richard Lobert assaulted him on multiple occasions while he was at a Michigan juvenile corrections facility in 1998 and 1999. The complaint names Lobert, the Diocese of Lansing and the Archdiocese of Baltimore.
McLain, who was 16 years old at the time, recalls going to Lobert for confession when the priest manipulated him and sexually assaulted him. He says he felt sad and scared and wondered if anyone would believe him.
“I really didn’t know who to talk to about it or how to say anything about it,” McLain said at a press conference Tuesday. “It’s the worst feeling that someone could ever feel."
According to the lawsuit, McLain claims Lobert sexually assaulted him under the guise of providing religious services and counseling to residents at the facility.
The defendants claim the allegations have reached the state’s statute of limitations. But attorney Ven Johnson, who is representing McLain, argues the lawsuit is valid under changes to Michigan law.
“That takes into consideration the average the delay that childhood trauma has in these folks coming forward to talk about their abuse,” said Johnson.
The Michigan Supreme Court will consider whether a 2018 amendment to the state's statute of limitations applies in this case. According to the law, a victim of sexual assault can file a lawsuit against the accuser within 15 years of an offense or by the survivor’s 28th birthday. The law can also be applied retroactively in some cases involving sexual misconduct committed by a person in a position of authority.
"When the legislature has taken steps to provide a remedy to those individuals, it's incumbent that our court system allows those cases to go forward," Johnson said.
The case was originally heard by Judge Suzanne Geddis of the 44th Circuit Court, who agreed with McLain’s argument that the law protects victims if they bring their claims within the timeframe set forth in the statute.
The defendants appealed the ruling, where the Michigan Court of Appeals rejected Geddis’ decision.
Now, McLain and his attorneys have taken their arguments before the Michigan Supreme Court, which has agreed to a hearing on the case in the next six months.
Officials with the Diocese of Lansing say an internal investigation of McLain’s allegation has been delayed in light of the ongoing civil lawsuit.
“It is the Diocese of Lansing’s position that Mr. McLain’s allegations are barred by the statute of limitations,” said David Kerr, Director of Communications at the Diocese of Lansing. “The Michigan Court of Appeals agreed with the Diocese of Lansing’s position.”
Lobert is a priest of the Archdiocese of Baltimore in Maryland and is on ministerial leave pending the outcome of the investigation.
Lobert had been serving as the chaplain of Father Gabriel Richard High School in Ann Arbor since 1995 and resigned from his role at the school in 2021.
