862 N.W.2d 839
S.D.2015Background
- This SD Supreme Court case involves six actions against the Wisconsin Province of the Society of Jesus and Rosebud Educational Society/St. Francis Mission for childhood sexual abuse at St. Francis Mission School on Rosebud Reservation.
- In 2010, SDCL 26-10-25 was amended to bar damages for claimants over age forty from nonperpetrators, creating a potential statute-of-limitations issue.
- The circuit granted summary judgment for the Societies: (a) the 2010 amendment barred the suits, (b) there was no proven intentional criminal conduct by the Societies, and (c) fraudulent concealment tolling failed under SDCL 15-2-14(3).
- Plaintiffs amended to argue tolling under 26-10-25 due to alleged actual acts of abuse; they also argued discovery and concealment tolling.
- The court analyzed constitutionality of HB 1104, retroactivity, and whether the concealment tolling could apply given the ages of plaintiffs and the dates of abuse.
- The Court ultimately affirmed in part, reversed in part, and remanded certain Group B claims for further factual development.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity and bill of attainder of HB 1104 | HB 1104 is unconstitutional as retroactive punishment of pending suits | HB 1104 is not a bill of attainder and not retroactive to pending claims | HB 1104 not retroactive to pending suits; not a bill of attainder |
| Requirement of intentional criminal conduct under 26-10-25 | Societies committed intentional acts; tolling should apply | No proof of intentional criminal conduct by Societies | No genuine issue of intentional conduct; 26-10-25 not applicable |
| Fraudulent concealment tolling under 15-2-14(3) | Concealment tolled the statute for all plaintiffs | No concealment that prevented discovery; evidence insufficient | Group A barred; Group B shows triable issues; some claims upheld for tolling remand |
| Group A vs Group B concealment analysis | All groups evidence concealment by Societies | No sufficient knowledge or concealment by Societies | Group A no triable issue; Group B remanded for factual determination |
Key Cases Cited
- Bernie v. Blue Cloud Abbey, 2012 S.D. 64 (S.D. 2012) (extending the time to commence childhood sexual abuse actions; statutory interpretation of tolling)
- One Star v. Sisters of St. Francis, 2008 S.D. 55 (S.D. 2008) (fraudulent concealment standard and discovery principles)
- Zephier v. Catholic Diocese of Sioux Falls, 2008 S.D. 56 (S.D. 2008) (discovery and memory issues in abuse cases)
- Stratmeyer v. Stratmeyer, 1997 S.D. 97 (S.D. 1997) (retroactivity and remedial nature of statutes of limitations)
- Koenig v. Lambert, 527 N.W.2d 903 (S.D. 1995) (actual knowledge requirement in fraudulent concealment)
- Hinkle v. Hargens, 76 S.D. 520, 81 N.W.2d 888 (S.D. 1957) (fiduciary duty and concealment element in tolling)