A Legal Pioneer for Clergy Sex Abuse Survivors for Over 30 Years
In 1987, Richard M. Serbin was one of the first attorneys in the United States to file a lawsuit—and obtain a favorable jury verdict—against a Catholic Diocese, a bishop, and a priest for the sexual abuse of a child. Since that groundbreaking case he has represented hundreds of child sexual abuse survivors. He is recognized as a national figure for his legal expertise on behalf of survivors of childhood sexual abuse and his work to expose the systematic cover up of crimes against children within the Catholic Church and other religious institutions. [1]
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Over the last 35 years Serbin has represented hundreds of men and women throughout the country who were sexually assaulted as children by priests, teachers, and church employees. He is the only attorney to date to win a jury verdict in Pennsylvania against a diocese, bishop, and child predator priest. In 2018 Serbin joined the national law firm of Janet, Janet & Suggs, as a leader in the firm’s Sexual Abuse Division. [2]
The Child Sexual Abuse Case That Made a Difference
In 1987, Serbin offered representation to 19-year-old Michael Hutchison, who had suffered years of horrific sexual abuse. The young man gave a detailed account of repeated abuse by Father Francis Luddy of the Pennsylvania Diocese of Altoona-Johnstown, beginning when he was only 11 years old. The assaults continued in the rectory and other locations for over 7 years. After hearing of Michael’s abuse, Serbin immediately knew that he had to help this young man. He also knew that he had to expose the abuser and those within the church who enabled the abuse to occur and continue without consequence. He filed a lawsuit against Luddy, the bishop, and the diocese to obtain justice for the horrific abuse Michael suffered and its destructive impact. [3] The Diocese and its bishop, instead of doing what was morally and ethically right, denied any responsibility, and assisted the serial predatory priest in defending the case. The epic legal battle would last for over 20 years.
The Secret Archives
While investigating Hutchison’s case, Serbin made a surprising discovery. Roman Canon Law required bishops to keep files detailing complaints of moral impropriety and sexual misconduct by priests locked in a “secret archive.” These archives are accessible only to the bishop. Through the discovery process Serbin requested the files and, after a lengthy court battle, obtained a court order requiring the bishop to produce them. The archive documents included Luddy’s treatment records while a patient at the Servants of the Paraclete Treatment Center—then located in New Mexico—a facility frequently used by Catholic dioceses to refer sexually deviant priests. While under treatment, Luddy admitted to psychiatrists he had sexually abused numerous children beginning his first year of ordination and continuing for over 19 years.
The secret archive records also revealed complaints against numerous other priests within the diocese and the protection given to these child predators by the bishop. The records confirmed Bishop Hogan lied about his knowledge of the sexual abuse of children by priests within the diocese in his sworn deposition testimony. Instead of removing priests who violated children, he transferred them to new parishes, where more children were sexually assaulted.
The Jury Speaks
After numerous legal battles to obtain the diocese’s secret archive records and the priest’s psychiatric records, the Hutchison v Luddy trial finally began in January of 1994. The 11-week trial resulted in a verdict in favor of Michael. The jury’s verdict included $519,000.00 in compensatory damages and $1,050,000.00 in punitive (punishment) damages. Since the Diocese never offered to settle before trial, the court added pre-judgment interest in the amount of $311,564.11. The Defendants appealed. It took over 20 years for Michael to receive justice. After multiple appeals to the Pennsylvania Superior and Supreme Courts the jury’s verdict ($3,900,000.00 in today’s dollars) was upheld. [4] Interest of over $928,000.00 was added to the verdict.
While the verdict never diminished the indignities and loss of Michael’s childhood, it did help him find some closure after decades of pain, suffering, and denials by those responsible. It was important to Michael that the jury believed him. And it gave him satisfaction to know his courage in publicly disclosing how the church chose to place children in harm’s way—rather than soil its reputation—would help save other children from being hurt.
Over a decade after Serbin achieved the verdict, the Boston Globe undertook an investigation of allegations against the Archdiocese of Boston. The newspaper’s in-depth probe resulted in the prosecution of five Roman Catholic priests for molesting children. It also rang the alarm bell Serbin had been sounding for years—the magnitude of the child sexual abuse crisis within the Church and the complicity of the Church hierarchy in enabling pedophile priests. His relentless pursuit of clergy and others who sexually violated children, and those in positions of authority who turned a blind eye to this depravity, assisted in exposing this nationwide crisis within the Catholic Church and other institutions. [5]
Pennsylvania Grand Jury Report
Serbin shared his knowledge of the prevalence of abuse of children within the Church with the Pennsylvania Attorney General’s office—identifying 109 child predators—and was requested to testify before the Pennsylvania Grand Jury. Two reports were issued by the Grand Jury. The 2016 report focused solely on the Diocese of Altoona-Johnstown, with much of the information disclosed in the report coming from the pre-trial discovery and testimony revealed during the 11-week Hutchison v Luddy trial. [6]
The 2018 statewide Pennsylvania Grand Jury Report covered six Pennsylvania dioceses and detailed some of the sordid cases Serbin filed on behalf of numerous abuse survivors. The report has been cited both nationally and internationally for its detailed investigation of the child sex abuse crisis within the Catholic Church and has prompted similar investigations by attorneys general across the United States. These investigations have resulted in the passage of laws in over 18 states permitting abuse victims to seek justice. [7]
The Impact of the Case
The Hutchison v Luddy case has been cited by state and federal courts throughout the United States, and the subject of countless law review and scholarly articles for the groundbreaking court holdings. The opinions issued by the Pennsylvania Supreme and Superior Courts include the recognition of a cause of action for negligent retention and supervision; the right to recover punitive damages against a religious institution on a negligence claim, and the right to recover interest from the date of the verdict until the date of payment.
Challenging Statutes of Limitations for Survivors
Although Michael was repeatedly sexually molested from ages 11 to 17, because of Pennsylvania’s statute of limitations (SOL) in 1987 he was only permitted to pursue the last two sexual assaults, which occurred when he was 17 years old.
It is well documented that, for numerous reasons, most child sexual abuse victims wait until their mid-50s to reveal their traumas. Over his career Serbin has frequently addressed the need for states to change their laws to provide survivors of sexual abuse more time to seek justice. In its 887-page 2018 report on child sex abuse within the Pennsylvania dioceses investigated, the Grand Jury included a recommendation that now-adult survivors of priest child sexual abuse be given a retroactive two-year “window of opportunity” to sue their abusers in civil court regardless of their current age. It also recommended that the criminal statute of limitations for sexually abusing children be eliminated. [8] While surrounding states and other states across the country have passed laws permitting child abuse survivors an opportunity to seek justice by extending the statute of limitations or opening a “window of opportunity”, Pennsylvania has remained painfully slow to act. Legislation changing the SOL in Pennsylvania is currently being considered.
A Sympathetic Ear
Representing survivors of childhood sexual abuse has been an honor for Serbin. He offers an understanding ear and hope to those who have been ignored by the very institutions entrusted with their care. Providing assurance, he listens without judgment, earning a reputation as a true advocate for survivors. Although many have suffered from low self-esteem, drug and/or alcohol addiction, Serbin’s approach makes them feel safe, permitting the violated to finally reveal the horrors they have carried by themselves. He has been a lifeline for many.
“Many abuse survivors contact me just to talk about what they experienced. They just want to talk to someone they feel they can trust. I understand that. For most it’s not about money; rather it’s about healing, empowerment and preventing other children from suffering the horrors of abuse. For me it is a privilege to use my profession to assist survivors in their struggle for justice. I’m happy to listen for as long as they want to talk. Knowing there is someone in their corner and offering support can and has made a difference to many.
Educating Others About the Child Sex Abuse Crisis
Drawing upon his years of experience, Serbin began educating other trial lawyers. In 2002 he authored When Clergy Fail Their Flocks, an American Association of Justice article concerning the intricacies and obstacles lawyers face in representing child sex abuse survivors.[9] He has also shared his knowledge by speaking at various state and national trial lawyers’ organizations on the subject.
Certifications, Bar and Court Admissions, Memberships, and Awards
The Best Lawyers in America®, 2021-2024
Board-certified in Civil Trial Advocacy by the National Board of Trial Advocacy, 1989-Present
Martindale-Hubbell® AV® Preeminent™
Pennsylvania Super Lawyers® 2006, 2011-2017, 2019-2023
Delaware Super Lawyers® 2019
Member, the Million Dollar Advocates Forum
Listed in Who’s Who in American Law
Pennsylvania Bar Association, 1974
North Carolina Bar Association, 1996
United States Middle District Court, 1974
United States Western District Court, 1980
United States Third Circuit Court of Appeal, 1981
United States Supreme Court, 1985
American Association for Justice
Pennsylvania Association for Justice
Serbin was the featured attorney on the cover story of the 2019 Pennsylvania and Delaware Super Lawyers magazine entitled “300 and Counting” – “For 32 years, Richard Serbin has fought to uncover the truth of clergy sexual abuse – 300 clients later, his phone is still ringing.”
Testimonials
“I can’t thank Richard and Maryann enough for all their help and personal guidance during this difficult journey. For, most survivors revisiting these traumatic events is never a simple process, but throughout the entire litigation process I felt relieved knowing that Richard and Maryann would always maintain a confidentiality level that I was comfortable with.
I never felt judged and always felt that Richard and Maryann handled the proceedings with empathy and professionalism, and I couldn’t imagine a better team to have by your side during this difficult time, you guys perform a difficult service with dignity and grace. Richard and Maryann, stay strong you’re doing great works. I wish you both the best. God Bless. We can heal, we will heal, and we will have a better tomorrow.”— GERRY
“Following the 2018 PA grand jury report, I was dealing with more outrage over what the Catholic Church had tried to conceal. My friend and co-survivor, David Clohessy, suggested that I contact Richard Serbin.
Richard has been working for decades to hold the Church accountable for it's record of childhood sexual abuse. I found his approach through the entire process to be one of compassion and encouragement.
Richard's assistant, Mary Ann, exudes the same dedication and enthusiasm for the cause. They make a great team, and their decades of experience will insure the best possible outcome.”— DON
“My name is Patrick Duggan, and I had the privilege of being represented by Attorney Richard Serbin in a sexual abuse claim against the Diocese of Harrisburg. When I made the decision to seek justice in my sexual abuse case I spoke with several attorneys. Once I spoke with Attorney Serbin; I was immediately impressed with his knowledge and compassion for victims of clergy abuse. There was absolutely no question in my mind that I could not find more experienced counsel.
On October 10, 2019, Attorney Serbin filed the lawsuit. And unfortunately, on February 19, 2020, the Diocese of Harrisburg filed for bankruptcy. Richard encouraged me to persevere and ensured me that we could still see a positive result. After speaking to Attorney Serbin, I applied and was selected to the official bankruptcy committee. The bankruptcy drug on for nearly three years. Throughout this process, Richard never wavered in his support for me and all the survivors he represented. He regularly provided sound advice while navigating the various pitfalls encountered in the process.
On February 15, 2023, the bankruptcy was approved. I am convinced because of the counsel and perseverance the victims were rewarded with a settlement that was nothing less than miraculous, based on the mitigating circumstances. Throughout the process Richard’s compassion, legal guidance and friendship were nothing less than spectacular.
If you choose to seek justice, I highly recommend that you call Attorney Richard Serbin, who for more than 35 years has sought justice for victims of child sexual abuse.”— PATRICK J. DUGGAN
“I doubt I would have had the success (and no amount of money will ever make up for what I lost) that I had without the guidance and protection of Richard Serbin. He advised me and did the “heavy lifting” regarding my case. He argued for me and sat with me during the interview that was to establish the worthiness of my compensation.
It was hard for me to deal with all the emotions that came up and I want to say that I am so glad I had Richard do the brunt of the communication and interfacing with the Diocese. I’m glad I had someone who could guide me. All I had to do was tell the truth in my testimony, written and verbal. He did the rest.
The RC Church has many, many good lawyers and lots of financial backing...I wanted someone who could “speak their language” and who would speak for me.
My case had a favorable outcome and I am very happy that I had Richard on my side to help make that happen.
The pain and anguish suffered by every victim that stays silent and by every victim that tries to speak up is without comparison. There is so much unfairness and injustice in the world for a victim/survivor. Loss in self esteem, self respect, courage, life goals, wages, relationships, mental health. There is so much hurt involved at so many levels that it is still – even after 25 years of recovery – overwhelming at times.”— MARK
“Over the past 50 years I have attempted to bury an unthinkable event that transformed my life.
Then I met Richard Serbin.
I knew instinctively the moment I spoke to Richard that I could share my story with him, which I had only ever shared with my husband.
Richard Serbin is a survivor’s advocate, a highly knowledgeable attorney, and, more importantly, Richard is a humanitarian. Richard is a compassionate man.
What needs to be understood is the embarrassment I had to share would cause extreme emotions on a grand scale. Yet, Richard’s demeanor and his genuine concern made sharing feel natural. Richard reminded me from our first conversation that I must remember that “THIS IS NOT YOUR FAULT, BONNIE.”
With those words I knew that Richard Serbin has the experience to work with survivors. Because that one aspect of self-blame has affected all of the survivors. I needed to hear those words.”— BONNIE
“I came in contact with Mr. Serbin this past year. As a victim of child sexual abuse, I was looking for closure. Mr. Serbin was highly recommended. I am a suspicious, highly anxious and at times difficult person to work with as a result of my PTSD from the abuse. I never thought I would find somebody I could work with or understand the importance of my case. Before contacting Mr. Serbin, I “checked him out” and was not only impressed with his credentials, but more importantly to me, his humanity. From my research he really seemed to care about his clients.
I found Mr. Serbin to be very professional, intelligent, patient, kind, and supportive. He was more than understanding of my situation and understood the emotions and devastation I felt at times. He was always honest with me, explained everything in detail and told me to call or email at any time and he would soon get back to me, and he did. He gave me hope for closure when I had none in the past.
Mr. Serbin prepared me and calmed my fears when it came time to speak of my trauma. He was prepared in every aspect of my case, able to keep my anxieties in control and everything resolved in a very good outcome. He cares about his clients, does a tremendous amount of research to reach a beneficial solution and is always very gracious. Mr. Serbin cares about his clients and wants them to have justice through the legal system and have the perpetrator pay if at all possible.
I would recommend Mr. Serbin to anyone who wants a lawyer who will work with them not just because of a settlement, but because he understands and wants justice. He and his assistant Maryanne, who has been with him for many years, are a wonderful team. They both are the best at their job, caring, available, and get results. I am very thankful and will always appreciate the work and help they gave me.”— JO-ANN
“I would like to thank you and your firm for providing exceptional and informative services to me during the past year pertaining to my claim of abuse by a priest who has not faced repercussions for his immoral acts.
One of the key factors in choosing you specifically was your many years of experience helping victims abused by “trusted” priests through the lengthy court processes, while being compassionate and positive. You provided truth that the law was not on the side of the victims, but gave hope that the laws on limitations could and should be changed. You have tirelessly advocated for these changes and continue to give hope. You have gone out of your way to help me and others and I feel you have given all of us a strong voice against these priests and the Catholic Church. I feel you are truly on the side of the victims by your honesty and determination.
Again, thank you for helping me through this ordeal and keeping me informed on what has been happening with the laws and processes for the abused.”— VINCENT
SOURCES
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“The 300—Richard Serbin’s 32-Year Fight to Uncover the Truth of Clergy Sexual-Abuse” PA & Delaware Super Lawyers, 2019 (cover story)
“The Crusader Who Exposed Pennsylvania’s Sadistic Catholic Priests,” Thedailybeast.com, August 8, 2018
“When the Church is the Adversary”, Philadelphia Inquirer, November 10, 2002 (Sunday incharge Magazine). -
“Janet, Janet & Suggs adds Preeminent Catholic Church Sexual Abuse Attorney Richard M. Serbin to Its Sexual Abuse Division,” Globe Newswire, September 26, 2018
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Michael S. Hutchison, Jr., an Incompetent, by Mary J. Hutchison, Parent and Natural Guardian, and Mary J. Hutchison and Michael Hutchison, Individually v Father Francis Luddy, St. Therese’s Catholic Church, St. Therese’s Elementary School, Bishop James Hogan and Diocese of Altoona-Johnstown, No. 1175 C.P., 1987 (Blair County, PA)
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Hutchison v Luddy, 453 Pa. Super 420, 683 A.2d 1254 (1996); 742 A.2d 1052 (Pa. 1999); 763 A.2d 826 (Pa. Super 2000); 870 A.2d 766 (Pa. 2005); 896 A.2d 1260 (Pa. Super 2006); 946 A.2d 744 (Pa. Super 2008)
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“Church Allowed Abuse by Priest for Years,” Boston Globe, January 6, 2002
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Office of Attorney General, Commonwealth of Pennsylvania “A Report of the Thirty-Seventh Statewide Investigating Grand Jury”, March 1, 2016
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“Wave of State Attorneys General Take on Catholic Church Sex Abuse,” Axios, October 27, 2018
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Office of the Attorney General, Commonwealth of Pennsylvania, Report of the 40th Statewide Investigating Grand Jury, Redacted by Order of PA Supreme Court July 27, 2018, pages 308-310
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“When clergy fail their flocks: cases of child sexual abuse by clergy are in the headlines as victims come forward seeking justice. Attorneys can help remedy this ultimate betrayal of trust.” American Association for Justice Trial Magazine, 2002