Bonneau v. Centennial School District No. 28J
2012 U.S. App. LEXIS 547
| 9th Cir. | 2012Background
- Bonneau, age 34, alleges beatings by teachers at an Oregon elementary school from 1986 to 1988, with injuries physical and emotional.
- Defendants include the teachers, the principal, and the school district.
- Bonneau filed suit under 42 U.S.C. § 1983 alleging federal civil rights violations; district court dismissed as time-barred.
- Oregon law provides a two-year general personal-injury statute of limitations, tolling for minors under § 12.160, and a child-abuse statute under § 12.117(1).
- Bonneau urged application of § 12.117(1) because his claims arise from child abuse and were filed before age 40.
- Court held that federal accrual principles apply and the general two-year statute governs, not the specialized child-abuse statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What statute of limitations governs § 1983 claims here? | Bonneau argues § 12.117 applies as child abuse. | District borrowed the general residual two-year statute § 12.110. | General § 12.110 applies; § 12.117 not governing. |
| Should Oregon's child-abuse statute toll the limitations period for § 1983 claims? | § 12.117 tolls or extends time to sue. | Tolling not closely related to the borrowed statute. | § 12.117 not applied as tolling. |
| Does repressed-memory theory delay accrual for § 1983 claims? | Accrual could be delayed due to repressed memories. | No delayed accrual under federal rule. | Repressed-memory theory rejected; accrual occurs when injured and causation known. |
| What rule governs accrual for § 1983 claims—federal common law or state accrual rules? | State rules track federal accrual similarly. | Federal law governs accrual for § 1983 actions. | Federal accrual rule applies; plaintiff knew of injuries and causes. |
| What is the controlling accrual date for Bonneau's claims? | Delay possible due to discovery or memory issues. | Injury and its cause known at time of beatings. | Bonneau knew of injuries and causes during the beatings; accrual not delayed. |
Key Cases Cited
- Wilson v. Garcia, 471 U.S. 261 (Supreme Court 1985) (residual statute governs § 1983 accrual and choice of limitations)
- Owens v. Okure, 488 U.S. 235 (Supreme Court 1989) (federal policy favors clear, uniform limitations for § 1983)
- Wallace v. Kato, 549 U.S. 384 (Supreme Court 2007) (federal accrual rules conform to common-law tort principles)
- Sain v. City of Bend, 309 F.3d 1134 (9th Cir. 2002) (tolling must be closely related to borrowed statute)
- TwoRivers v. Lewis, 174 F.3d 987 (9th Cir. 1999) (injury knowledge and causal relation govern accrual)