Doe v. McCoy
297 Neb. 321
| Neb. | 2017Background
- Plaintiffs filed a tort complaint in 2016 alleging sexual abuse of Jane Doe (born 1985) by William McCoy between 1991–1999; John Doe asserted a derivative loss-of-consortium claim.
- Jane Doe was a minor at the time of the alleged abuse and turned 21 on September 21, 2006.
- Defendant moved to dismiss: (1) as time-barred under Nebraska statutes of limitations; and (2) because plaintiffs filed under pseudonyms without prior court approval.
- District court dismissed the complaint, concluding the action was time-barred under §§ 25-207 and 25-213 (4-year tort SOL tolled until age 21), which expired in 2010.
- Plaintiffs argued Neb. Rev. Stat. § 25-228 (enacted 2012) extended the limitations period to 12 years after age 21; district court held § 25-228 did not revive claims already barred before its enactment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 25-228 (2012) extend limitations so plaintiffs' 2016 suit is timely? | § 25-228’s “notwithstanding any other provision of law” rescues child-sexual-assault claims and allows suit until 12 years after age 21 (to Sept. 21, 2018). | Prior statutes (§§ 25-207 & 25-213) had already produced a complete bar in 2010; legislature cannot revive an already extinguished cause. | Held: § 25-228 does not apply to claims already time-barred when it was enacted; action barred. |
| May a plaintiff proceed anonymously without prior court approval under § 25-301? | Plaintiffs sought to proceed as Jane and John Doe for privacy due to sexual-abuse allegations. | § 25-301 requires actions in real names; anonymity requires court permission and exceptional circumstances. | District court denied anonymity as not sufficiently exceptional; appellate court did not reach on merits because statute-of-limitations ruling was dispositive. |
Key Cases Cited
- Schendt v. Dewey, 246 Neb. 573 (1994) (statutory amendment cannot revive actions already extinguished by prior limitations law)
- Givens v. Anchor Packing, 237 Neb. 565 (1991) (vested right in completed statutory bar cannot be impaired by later legislative change)
- Rasmussen v. State Farm Mut. Auto. Ins. Co., 278 Neb. 289 (2009) (loss-of-consortium claim is derivative of underlying viable claim)