Mitchell v. RobertsAnnotate this Case
In this case brought by an alleged victim of child-sex abuse years after the alleged abuse occurred, the Supreme Court held that the Utah Legislature is constitutionally prohibited from retroactively reviving a time-barred claim in a manner depriving a defendant of a vested statute of limitations defense.
Plaintiff, who alleged that Defendant sexually abused her in 1981, conceded that each of her claims had expired under the original statute of limitations. Plaintiff, however, argued that (1) her claims were revived when the legislature, in 2016, enacted Utah Code 78B-2-308(7), and (2) her claims against Defendant were timely filed under this statue. The federal court certified this case to the Supreme Court asking the Court to clarify whether the legislature had the authority to expressly revive time-barred claims through a statute. The Supreme Court held (1) the legislature lacks the power to retroactively vitiate a ripened statute of limitations defense under the Utah Constitution; and (2) therefore, section 78B-2-308(7) is an unconstitutional exercise of legislative power.