799 N.W.2d 722
S.D.2011Background
- Rodriguez (aka Hickey) sued Brother Miles, John Donadio, and Congregation of the Priests of the Sacred Heart, Inc. for childhood sexual abuse at St. Joseph’s Indian School in the 1970s.
- The abuse occurred when Rodriguez was seven to ten years old while the Congregation owned/operated St. Joseph’s.
- SDCL 26-10-25 provides a three-year statute of limitations for such claims or three years from discovery, whichever is later, with a 2010 amendment restricting recovery after age forty.
- Rodriguez filed suit in November 2007; defendants moved for summary judgment arguing statute of limitations barred the action.
- Rodriguez claimed he discovered the injuries’ connection to the abuse in 2005 after counseling with Dr. Frank Dame.
- The circuit court granted summary judgment; the Supreme Court affirmed, holding Rodriguez had inquiry notice more than three years before filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rodriguez had inquiry notice triggering the statute of limitations. | Rodriguez lacked inquiry notice until 2005 per Dr. Dame’s evaluation. | Rodriguez had inquiry notice earlier due to memory of abuse and its effects. | Rodriguez had inquiry notice more than three years before filing; action barred. |
| Whether the 2010 amendment restricting recovery to the perpetrator affects this case. | Amendment limits do not defeat the accrual analysis here. | Age-cap provision could bar relief from non-perpetrators, affecting eligibility. | Not necessary to decide impact; the action is barred on inquiry notice grounds. |
Key Cases Cited
- Zephier v. Catholic Diocese of Sioux Falls, 2008 S.D. 56 (2008) (inquiry notice doctrine and accrual of SDCL 26-10-25)
- One Star v. St. Francis Mission, 2008 S.D. 55 (2008) (accrual and inquiry notice standards)
- Clancy v. Callan, 90 S.D. 115 (1976) (burden on affirmative defenses and statute of limitations)
- Conway v. Conway, 487 N.W.2d 21 (S.D. 1992) (burden shift in summary judgment on statute of limitations)
- Rodriguez v. Miles, N/A (N/A) (the present case as context for accrual and notice analysis)