A Franciscan group is now arguing the Child Victims Act is unconstitutional and is fighting to have a case dismissed.

The Province of St. Anthony of Padua of the Conventional Franciscans filed a response to a suit accusing Father Mark Andrzejczuk of sexually abusing a female student in the late ‘70s early ‘80s.

The alleged abuse happened while she was a student at Cardinal O'Hara High School in Tonawnada.

The suit was also filed against the Franciscans and the Catholic Diocese of Buffalo.

Another former student also filed a lawsuit against Fr. Andrezejczuk.

In the response, attorney Dennis Vacco argues the alleged violations and damages sustained by the plaintiff were caused by the acts of a third-party over whom the defendant had no control.