Baye v. Diocese of Rapid City
630 F.3d 757
8th Cir.2011Background
- Pamela Baye was raped by parish priest Father Christopher Scadron in 1987 at Sacred Heart Church; memory was repressed and rediscovered in 2006.
- Baye has DID and multiple other mental health issues; she is in therapy and cannot work.
- Scadron joined the Diocese of Rapid City in 1983 and died in 2002; district records show no abuse allegations against him.
- Baye and her husband Sylvan Baye sued in 2007 against the Diocese of Rapid City for assault and battery, sexual abuse, and IIED (vicarious liability) and also for direct fiduciary claims; Sylvan Baye's claim is derivative.
- The district court granted summary judgment finding the claims time-barred by South Dakota statutes of limitations; Bayes appealed.
- The Eighth Circuit affirmed, holding claims are time-barred under SD accrual rules and extensions for mental illness do not save the action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accrual date for Baye’s claims | Baye argues discovery of memory tolls accrual to 2006 | Diocese argues accrual occurred in 1987 on conduct | Accrual in 1987, no discovery rule |
| Fraudulent concealment tolling | Diocese concealed facts; tolling should apply | No evidence Diocese knew or should have known of assault; no concealment | No fraudulent concealment tolling |
| Equitable tolling | Inequities due to delayed memory should toll limitations | Prejudice to Diocese negates tolling; key witness Scadron died before suit | Equitable tolling denied due to prejudice |
| Estoppel by duress | Threats after assault create continuous duress | No continuous threats; duress not established | Estoppel by duress not recognized and not applicable |
Key Cases Cited
- Shippen v. Parrott, 506 N.W.2d 82 (S.D. 1993) (no discovery rule absent legislative authorization for sexual abuse cases)
- Alberts v. Giebink, 299 N.W.2d 454 (S.D. 1980) (accrual on occurrence; no discovery rule absent statute)
- Strassburg v. Citizens State Bank, 581 N.W.2d 510 (S.D. 1998) (discovery rule applied where legislature provided one)
- One Star v. Sisters of St. Francis, 752 N.W.2d 668 (S.D. 2008) (fraudulent concealment and tolling in SD law; limits extended by statute for mental illness)
- Jensen v. Kasik, 758 N.W.2d 87 (S.D. 2008) (SD tolling extension for mental illness; accrual framework)
- Shippen (cited further), 506 N.W.2d 82 (S.D. 1993) (reiteration of accrual rule and absence of discovery rule)