Bryson v. Diocese of Camden, 909 F. Supp. 2d 364

Plaintiff Bryson sues Diocese of Camden for abuse by Father Shannon; Diocese not a defendant in the abuse.”
Counts: (I) CSAA liability as passive abuser; (II) negligent retention/supervision; (III) breach of fiduciary duty.
Shannon not a party; court uses diversity jurisdiction; past memory repression alleged by plaintiff.
Court analyzes whether Diocese stood in loco parentis within the household under CSAA; timeliness issues are central to Counts II and III.
Hardwicke v. American Boychoir Sch. governs "within the household"; River Dell and others constrain day school status.
Court finds Diocese not within the household; dismisses Count I but allows tolling-based reconsideration for Counts II and III; preliminary hearing to determine equitable tolling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
CSAA passive liability in household	Bryson urges household status	Diocese not within household	Diocese not within household; Count I dismissed
CSAA tolling of common law claims	CSAA tolls accrual for common law	CSAA tolling not applicable	CSAA tolling cannot bar common law claims; to be resolved at hearing
Discovery rule applicability	Traumatic amnesia tolls discovery	Discovery rule inappropriate for repressed memory	Plaintiff may pursue equitable tolling at a preliminary hearing
Insanity tolling under 2A:14-21	Insanity tolling may apply	Insanity tolling not proven or applicable	Insanity tolling discussed but left for hearing; not dispositive on its own

Hardwicke v. American Boychoir Sch., 188 N.J. 69 (N.J. 2006) (define 'within the household' and household factors; boarding school as household case)
River Dell Reg'l High Sch., 373 N.J. Super. 639 (N.J. Super. Ct. App. Div. 2004) (day school not within household; informs CSAA scope)
Y.G. v. Bd. of Educ. for the Twp. of Teaneck, 2011 WL 1466277 (N.J. Super. Ct. App. Div. 2011) (unpublished; supports limits on household interpretation (nonbinding))