The local Roman Catholic diocese took back its offer to settle a lawsuit related to allegations of bullying after details of the lawsuit's settlement became public, but an Allen Superior Court judge has ruled it must pay.

The Diocese of Fort Wayne-South Bend in November issued a statement that it had rescinded its settlement offer because the terms became public.

Attorneys for the diocese had asked that the settlement be kept confidential to prevent “any insinuation that the diocese had agreed to pay anything because the claims had merit,” according to the statement. It said the statement was not kept confidential, so it had no obligation to pay.

Judge David J. Avery in December ruled that “the Plaintiffs and their council never intended for the settlement to become public knowledge” and that the diocese did not prove that the plaintiffs breached the agreement.

The ruling says the plaintiffs took appropriate steps to maintain the confidentiality of the settlement.

The Journal Gazette wrote about the lawsuit and the proposed settlement late last year after the parents of the plaintiff filed a routine petition to be declared his guardian for the purpose of accepting the money on his behalf.

In that document, filed independently of the original lawsuit, the lawyer for the plaintiff detailed the proposed payment by the diocese and the parents of two students, through their insurance companies, to settle the lawsuit.

The original lawsuit was filed in October 2010 by the parents and their child, a former student at Most Precious Blood Catholic School, against the diocese, the school, two school officials and four children and their parents.

It alleged that the student, who had cerebral palsy and needed to wear leg braces, had been the victim of repeated bullying by students – three boys and one girl, according to court documents.

According to the complaint by the student and the parents, the boy was pushed up and down stairs, verbally harassed and physically battered between September 2008 and December 2009, when the student left Most Precious Blood School to continue his education elsewhere.

According to the guardianship papers, the diocese agreed to pay the student $10,000. The parents of one of the boys, through their insurance company, agreed to pay $2,250. Parents of one of the other boys, again through an insurance company, agreed to pay $7,500, according to court documents

When The Journal Gazette became aware of the guardianship documents, the diocese was contacted for a response Nov. 7. On Nov. 9, the diocese declined to comment on the matter, citing its policy against commenting on pending litigation.

Later, the diocese issued a statement to all local media saying that the diocese was withdrawing its earlier offer.

"Based on its investigation the diocese considers the claims baseless," the release said. "Despite its conviction that the claims made against the Diocesan Parties were false, the Diocese wished to end the lawsuit so that those falsely accused of these allegations ... could go on with their lives without having to be continually involved in the legal proceedings."