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.