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SALT LAKE CITY — Another Navajo man has sued the LDS Church, alleging he was sexually abused while enrolled in a now-defunct church program that placed children with foster families in Utah for nearly 50 years.
The lawsuit seeks written apologies, monetary damages, changes in church policy to ensure that sexual abuse is reported first to police, and the creation of a task force to address any cultural or social harm to Navajos in the Indian Student Placement Program. The lawsuit was filed Monday in Navajo Nation court in Window Rock, Arizona.
The suit is the third involving four alleged victims, including a brother and sister, attorneys Billy Keeler and Craig Vernon have filed against The Church of Jesus Christ of Latter-day Saints and LDS Family Services since March.
In the latest complaint, a man identified as LK claims his foster father sexually molested him during his seventh-grade year in 1978. He also alleges physical abuse including being pushed down stairs, whipped with a belt and having his face slammed into a countertop.
LK revealed the abuse to an LDS Social Services case worker over a Christmas break but was told he had to stay in the home until the school year ended, according to the suit.
LDS Church spokesman Eric Hawkins said the church has a zero tolerance for abuse of any kind and works actively to prevent it. He said the church has not seen the lawsuit and can't comment on its specifics but would examine the allegations and respond appropriately.
"None of these abuse allegations involve church leaders. The abuse is alleged to have been perpetrated by someone associated with a host family, but not with an ecclesiastical leader," Hawkins said.
Vernon said at a news conference Tuesday that the lawsuit was filed in Navajo Nation court because the statute of limitations in Utah has run out on suing an entity. Also, he said the alleged abuser is dead.
LDS Church says Navajo Nation court lacks jurisdiction in abuse lawsuit
The LDS Church argued in federal court documents Tuesday that the Navajo Nation court lacks jurisdiction over the church in a lawsuit alleging two Navajo children were sexually abused in a now-defunct foster placement program.The LDS Church argued in one of the other cases that the Navajo Nation court lacks jurisdiction in the case and wants it moved to U.S. District Court.
The decisions regarding placement of tribal members with host families were made outside of the Navajo Nation and the alleged abused didn't take place on the reservation, according to a federal court filing last week.
David Chlossey, national director of Survivors Network of those Abused by Priests, or SNAP, said at the news conference that he hopes the church would fight the case on its merits and not technicalities.
According to the lawsuit, LK was baptized into the Mormon church at age 9 in order to be involved in the placement program, and participated during fifth and sixth grades without incident. LDS Social Services, Vernon said, had a presence on the reservation, including recruiting children for the program.
"We believe lots happened on the Navajo Nation," he said.
Vernon said efforts at settling the case haven't gone far.
LDS Church attorney David Jordan said the attorneys have not approached the church to see if it would help their clients.
"The church has always been willing to help those who have been abused with counseling and other needs. The attorneys in these cases have rejected those offers. It's also untrue to say that participants in the program were taken from their parents. Participation was based on the wishes of parents, who enrolled their children in the program," he said in a statement.
The Indian or Lamanite Student Placement Program started in 1947 and declined in the 1990s, ending with the graduation of the final students around 2000, according to the LDS Church.
