Daily Gazette

Judge affirms sanctions against attorney in suit against diocese
August 20, 2008
Updated 3:16 p.m.

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— A federal judge has affirmed legal sanctions against the controversial Albany attorney who has represented several alleged victims of clergy sexual abuse for bringing "scurrilous allegations" against the Albany Roman Catholic Diocese in a lawsuit filed by a survivor of Hurricane Katrina.

Court documents

To read the entire decision by U.S. District Court Judge Gary Sharpe, click here.

John Aretakis filed a lawsuit in April 2007 against the diocese, as well as Catholic Charities, the federal government and Federal Emergency Management Agency on behalf of Tina Zlotnick. The lawsuit alleged that the church broke its agreement to provide charitable housing to Zlotnick, who had lived in New Orleans and was forced to leave her apartment because of Hurricane Katrina.

Zlotnick returned to this area, assisted by Catholic Charities, and was allowed to live in the rectory at Sacred Heart of Mary Church in Watervliet. But Zlotnick refused to vacate the rectory, even after she was offered subsidized housing, so Catholic Charities evicted her.

Aretakis alleged in the lawsuit that the diocese broke its oral agreement with Zlotnick - that in exchange for using her story about Katrina in the press to generate donations she would receive charitable housing assistance from Catholic Charities. U.S. District Court Judge Gary Sharpe dismissed the lawsuit after a Sept. 6, 2007, hearing and imposed $10,000 in penalties on Aretakis and ordered him to pay $14,310 in legal fees incurred by the diocese, which requested the sanctions.

In Tuesday's order, Sharpe reduced that amount to $10,000 in attorney's fees and costs for the diocese and $2,368.26 in attorney's fees and costs for the federal government and the Federal Emergency Management Agency. In that order, though, Sharpe was highly critical of Aretakis, saying he brought the suit simply out of his desire to embarass the diocese.

"The court concludes that Mr. Aretakis willfully included scurrilous allegations in the complaint that were completely and objectively irrelevant to any potential legal claim," Sharpe wrote. "He subjectively did so in bad faith because he was motivated by his own personal disenchantment with the church’s involvement in unrelated sexual abuse matters and because he intended to injure the church defendants, including their lawyer."

Sharpe also criticized Aretakis for moving for the judge to remove himself from the case, a motion Sharpe denied.

"Mr. Aretakis has further compounded his sanctionable conduct by filing a baseless motion for recusal, again consistent with the same unprofessional pattern of activity demonstrated in past cases where his conduct has been questioned," Sharpe wrote.



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comments


August 20, 2008
1:18 p.m.

[ Suggest removal ]
VigilantKnight ( no real name given ) says...

So at what point can dioceses, bishops, priests and parishioners begin filing lawsuits against this charlatan for pain, suffering, and malicious psychological wounding for all the hatred and venom he has spewed forth toward the Catholic Church?

Oh silly me. I forgot that hatred of the Catholic Faith is still a protected bigotry allowed in the United States that no one is to comment about.

August 21, 2008
6:32 a.m.

NoSenseAtAll ( no real name given ) says...
(This comment was removed by the site staff.)
August 21, 2008
4:27 p.m.

[ Suggest removal ]
NoSenseAtAll ( no real name given ) says...

why was it removed??? did vigilantKnight put pressure to have it removed????

August 23, 2008
9:44 p.m.

[ Suggest removal ]
NoSenseAtAll ( no real name given ) says...

So VigilanKnight apparently you approve of all the torture that preists bestowed on our young....Why not harass the victims instead....is that what you are saying ??? God bless John Aretakis for being aggressive....If the church admitted wrong then maybe he would be willing to do back door deals..Would you feel better about that??? I had two nephews both in one family sexually abused by Father Larue and he is now dead the s.o.b. and if he wasn't already dead I would wish him dead as hell.....So go John Aretakis and send themn all to hell...

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