The family of an Our Lady of the Westside Catholic school student is suing the Roman Catholic Archdiocese of Chicago, saying church leaders failed to prevent a priest from fondling their son.

The lawsuit, filed last Friday in Cook County Circuit Court, is the second in recent weeks against the diocese, but the first to name Rev. Daniel McCormack as a defendant. McCormack has been criminally charged with sexually abusing three young boys.

Filing of the latest lawsuit was announced Tuesday by Steven Dicker, attorney for the boy, now 13, and his family. Dicker read a written statement from the child's mother which said, "the Archdiocese of Chicago's response to the continuing problems is obviously inadequate."

This behavior, she said, "has placed her child in grave danger."

The suit claims that the boy was the victim of touching and fondling by McCormack from 2001 to 2005 when he was a student at Our Lady of the Westside School and a member of the school's basketball team. At the time McCormack was the coach.

Dicker said the alleged incidents occurred before or during basketball practices. Westside school, 3900 W. Lexington Street. is the name of the school associated with St. Agatha Church. It is also named as a defendant in the suit.

According to Dicker, the boy came forward with the allegations in January 2006 after being encouraged to do so by his school principal after learning abuse allegations had been raised against McCormack and that the Archdiocese had him under a monitor since last summer.

Dicker said the family decided to file a civil lawsuit because they felt the Archdiocese had not done enough to date to remedy the situation. The lawyer said the $10 million was high enough value to get the attention of the Archdiocese.

McCormack has been charged with three counts of aggravated sexual abuse for taking advantage of young boys. He is scheduled for arraignment in criminal court on March 1.

The Archdiocese declined to comment on the latest civil lawsuit but indicated that it may release a statement about policy changes related to sexual misconduct and abuse Wednesday.

Earlier this week, the 7th Circuit Court of Appeals upheld the 20 year sentence of former Calumet City Catholic priest convicted of possessing child pornography. The priest, Vincent McCaffrey, had been assigned to several parishes including St. Victor in Calumet City and St. Joseph the Worker on the South Side of Chicago and was removed in 1993 amid abuse allegations. He admitted to more than 100 instances of sexual contact with boys and . The court found that the sentence was appropriate under federal law.