T.S. v. Congregation of Holy Cross Southern Province, et al.
Annotate this CaseDefendants, the Congregation of Holy Cross Southern Province, Inc. and Holy Cross College, Inc. (collectively “Holy Cross”), challenged the constitutionality of 2021 La. Acts 322, §2 (“Act 322”), an enactment of the Louisiana legislature that amended La. R.S. 9:2800.9 and revived prescribed child sex abuse claims for a limited three-year period (sometimes referred to as “revival provision”). Plaintiff T.S. directly appealed the trial court’s judgment sustaining Holy Cross’s exception of prescription. In sustaining the exception, the trial court found the matter could not be resolved on non-constitutional grounds and declared Act 322, §2 unconstitutional, reasoning that the legislature lacked authority to revive a prescribed claim. After reviewing the record, along with the pertinent legislation, the Louisiana Supreme Court concluded the trial court erred in finding Act 322 unconstitutional when this matter could be resolved on non-constitutional, statutory grounds. Nevertheless, the Court found the trial court was correct in granting the exception of prescription.
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