Tort: Child Sex Abuse – Statute Of Limitations – Missouri Law

Listen to this article

Where a plaintiff, who brought claims in 2008 against a music teacher, school principal and a school district stemming from his alleged sexual abuse by the music teacher when he was 15 years old, the plaintiff did not allege that he repressed the memories of the abuse and the abusive conduct, particularly forced fellatio, was sufficient to place a reasonably prudent person on notice of a potentially actionable injury, so dismissal of the claims is affirmed because claims against non-perpetrator defendants are not valid under Missouri law, and the remaining claims were time-barred by Missouri’s five-year statute of limitations since the causes of action were capable of ascertainment when he was subjected to the abuse, and the district court did not err in denying as futile the plaintiff’s motion to amend.

Judgment is affirmed.

Walker v. Barrett, et al. (MLW No. 62658/Case No. 10-3225 – 18 pages) (U.S. Court of Appeals, 8^th Circuit, Smith, J.) Appealed from U.S. District Court, Western District of Missouri, Larsen, J. (Rebecca M. Randles, Kansas City, Missouri, argued for appellant; Sarah Alderks Brown appeared on the brief) (Stephen Girard Mirakian, Kansas City, Missouri, and Gerard T. Noce, St. Louis, argued for appellees; David Bell appeared on a brief).

Read the full text of this opinion. (PDF)