Eagleman v. Wisconsin Province of the Society of Jesus
Annotate this CasePlaintiffs alleged that they were sexually abused at some point during the late 1950s through the early 1970s by priests, brothers, nuns, and others when they were attending St. Francis Mission School on the Rosebud Indian Reservation. Plaintiffs filed suit against the Wisconsin Province of the Society of Jesus and the Rosebud Educational Society/St. Francis Mission (“the Societies”), which operated the school. The circuit court granted summary judgment for the Societies, concluding that Plaintiffs’ claims were barred by the 2010 amendment to S.D. Codified Laws 26-10-25 setting an age limit for claimants to bring suit. The Supreme Court affirmed in part and reversed in part, holding (1) there was no genuine issue of material fact showing that the Societies committed intentional criminal acts against Plaintiffs, and therefore S.D. Codified Laws 26-10-25 did not extend the time to commence these actions involving alleged childhood sexual abuse; (2) the majority of Plaintiffs failed to establish fraudulent concealment on behalf of the Societies that would toll the statute of limitations; but (3) as to two Plaintiffs, a trier of fact must determine whether the elements for fraudulent concealment had been established sufficiently to toll the statute of limitations.
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