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Doe 28B v. Archdiocese of St. Paul6/20/2000
On appeal from summary judgment appellants challenge the dismissal of their sexual abuse claims. Appellants argue that the delayed discovery statute, Minn. Stat. ยงรก541.073, subd. 2 (1996), tolled the statute of limitations on their claims for sexual abuse occurring between 1969 and 1975. Because there is no genuine issue of material fact that appellants knew or should have known of the abuse more than six years prior to bringing their claims in 1997, we affirm.
FACTS
Appellants John Doe 28A (born September 11, 1958) and John Doe 28B (born May 11, 1957) allege that they were sexually abused by two clergymen between 1969 and 1975. John Doe 28A and John Doe 28B are brothers, both raised in a devout Catholic family. The boys met respondent Father Ronan Liles at a Boy Scout camp in 1969. Father Liles allegedly showered with the boys, and hugged and kissed them during the camping trip. After the camping trip, Father Liles regularly took the boys to the movies, miniature golfing, and out to eat. Father Liles also allowed the boys to stay at St. Albert's rectory for overnight visits; during the overnight visits, Father Liles had the boys sleep with him in his bed.
John Doe 28A claims that Father Liles began sexually abusing him in the summer of 1970. John Doe 28A remembers Father Liles fondling his penis twice after the camping trip. Father Liles also allegedly put his penis between John Doe 28A's legs; John Doe 28A pretended to be asleep because he did not enjoy what was happening and did not want Father Liles to know that he was awake. Father Liles' sexual touching of John Doe 28A continued into John Doe 28A's teenage years. In 1975, when John Doe 28A was intoxicated Father Liles removed John Doe 28A's underwear and attempted to penetrate him anally; John Doe 28A was 17 years old. John Doe 28A left the rectory and hitchhiked home at 4 A.M. that morning because he did not want to stay at the rectory.
Brother Edmund Frost lived at St. Albert's rectory and also engaged in sexual contact with John Doe 28A. One evening, Brother Frost gave John Doe 28A alcohol, slept in the same bed with him and kissed him on the mouth with his tongue. The next morning John Doe 28A woke up without his clothes on. John Doe 28A does not recall being upset by the kiss but he was confused about why he did not have his clothes on.
John Doe 28B also claims that he was sexually abused. John Doe 28B remembers that Father Liles gave him alcohol when he stayed overnight at the rectory in 1971. He remembers that Father Liles kissed him with his tongue, but he does not remember thinking that the kiss was unusual. John Doe 28B also remembers that Brother Frost masturbated him one night in 1973; he was surprised and upset by Brother Frost's behavior.
In a series of incidents in 1973, Father Liles showered with John Doe 28B, fondled John Doe 28B's genitals, placed his penis between John Doe 28B's legs and ejaculated, attempted to penetrate John Doe 28B anally, and attempted to perform fellatio on John Doe 28B; John Doe 28B was 16 years old. John Doe 28B testified that Father Liles' touching made him uncomfortable and that he "just wanted it over." John Doe 28B told Father Liles that his actions hurt and told him to stop. Father Liles continued to kiss John Doe 28B even after he graduated from high school, when he was 18 years old. Both appellants continued to maintain contact with Father Liles after the sexual contact ended.
John Doe 28A claims that he first began to recognize that he was abused in 1991, after he was a victim of mugging. After the assault, John Doe 28A began having nightmares of sexual acts being perpetrated on him. His dreams became increasi
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