UPDATE: Former deacon's defamation case over child sexual abuse list will proceed
Lubbock County District Court Judge Les Hatch has denied the motion to dismiss a lawsuit in the 237th District Court.
This is Jesus Guerrero's lawsuit filed against the Catholic Diocese of Lubbock. Guerrero claims the Diocese published false information accusing him of sexual abuse of a minor.
A court hearing will proceed at a later date.
A former Deacon's attorney argued in court Tuesday the Lubbock Catholic Diocese wrongly made him out to be a child molester.
Jesus Guerrero is suing the Diocese for more than $1 million. He was included on a list of Clergy deemed credibly accused of sexual abuse of a minor.
He claims the Diocese destroyed his reputation by knowingly publishing false information. The Diocese has since modified its list, removing him.
In a motion to dismiss, the Diocese reported there was an accusation of sexual misconduct made against Guerrero in 2003.
It involved a woman known to have history of mental and emotional problems. Attorneys for the Diocese argue the church canon law states someone who habitually lacks use of reason is considered equivalent of a minor.
Guerrero's attorney said that law doesn't apply since the Diocese used secular media to spread its message.
He said since this list became public, Guerrero suffers from depression, anxiety and had a stress-related stroke.
The judge didn't make a ruling on whether to dismiss the case.