DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103225P.pdf 08/18/2011 Adam Walker v. Bradley Barrett
U.S. Court of Appeals Case No: 10-3225
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Smith, Author, with Chief Judge Riley, Circuit Judge
and Strom, District Judge]
Civil Case - sexual abuse. Because the sexually abusive conduct as
alleged in the complaint was sufficient to place a reasonably prudent
person on notice of a potentially actionable injury at the time the abuse
occurred and victim did not allege he repressed the memories of the
abuse, the cause of action accrued in 1992, was tolled until victim turned
21 and ran out on November 22, 2003; thus the state law claims are
barred by the applicable statute of limitations. The federal claims are also
time-barred. The childhood sexual abuse claims also accrued at the time
of the abusive conduct, and the victim was not entitled to the benefit of
the revised Missouri statute extending the statute for 10 years. The
childhood sexual abuse statute does not apply to nonperpetrator
defendants and thus the district court did not err in dismissing the claims
against the school district and the principal. Even if the school district
and principal could be sued under an aider/abettor or ratification theory,
no factual bases were pleaded for such claims. The district court did not
err in denying as futile the motion to amend the complaint.