From http://www.pittsburghlive.com/x/valleyindependent/teenscene/s_588336.html:
Tanya Kach's lawyer to appeal case dismissal
By Jason Cato
TRIBUNE-REVIEW
Monday, September 15, 2008
A lawyer for a former McKeesport student who
went missing for a decade and surfaced as a kidnapping victim today filed a
notice of appeal, intended to dispute a federal judge's dismissal of claims she
made against her captor's employers.
Tanya Kach went missing in February 1996
and resurfaced in March 2006, after escaping the home of Thomas Hose, who worked
as a security guard for St. Moritz Security Services at the McKeesport Area
middle school she attended. Kach, 26, of Elizabeth filed a federal lawsuit in
September 2006 against Hose for holding her captive. The lawsuit also named as
plaintiffs McKeesport city and police officials for failing to properly
investigate her disappearance; McKeesport school officials for knowing of her
relationship with Hose and failing to stop it; and St. Moritz for failing to
properly train its employee.
U.S. District Judge Gary L. Lancaster dismissed
parts of the lawsuit in April 2007. On Friday, the judge dismissed the remaining
claims, following oral arguments in which a defense lawyer asked that the case
be dismissed because too much time had elapsed.
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The
defense claimed the clock started when Hose and Kach began a romantic
relationship, not when she resurfaced in 2006.
Lancaster, although
sympathetic toward Kach's plight, granted the defendants a motion of summary
judgment.
"(Kach) was victimized not only by an adult who preyed on her, but
by the many adults who failed her," Lancaster wrote in a 23-page memorandum.
"Yet, these circumstances cannot overcome the strong legal precedent supporting
the enforcement of statutes of limitations."
The judge did not rule on other
issues for dismissal raised by the defendants.
Kach's attorney, Lawrence
Fisher, this morning filed notice that he intends to take the matter before the
3rd U.S. Circuit Court of Appeals in Philadelphia.
Hose, 50, was not included
in the decision. He is serving 15 years on state charges stemming from Kach's
disappearance. He has never responded to Kach's lawsuit. Kach, at age 14, ran
away Feb. 10, 1996, to live with Hose, who was then 37 and worked as a guard at
her school. She claimed Hose kept her captive until she began gaining some
freedoms and told her story to a local deli owner, who called police.
Kach
testified that Hose kept her in an upstairs bedroom for four years before
allowing her to start coming out when his elderly parents weren't home. In 2005,
he changed Kach's name to Nikki Allen and began introducing her to people as his
girlfriend.
Jason Cato can be reached at jcato@tribweb.com or 412-320-7840.
