Limitations Issues In Priest Abuse Case Decided

Last month, an Illinois appellate court, after a rehearing, filed a modified opinion in a priest sexual abuse case that decides interesting questions relating to statute of limitations issues. In Softcheck v. Imesch, (IL 3d Dist. App., Sept. 1, 2006), the court held that 2003 amendments to Illinois' statute of limitations cannot apply retroactively to revive claims for which the prior limitations period had run before 2003. In a 2-1 decision, the court held that the prior statute of limitations had not been tolled under the discovery rule. Plaintiffs' allegations that they did not, until recently, realize the wrongfulness of defendants' conduct were insufficient to prevent the statute from running. Finally, the court held that it was not being asked to unconstitutionally pass on the validity of church doctrine by allegations that defendant priests assured plaintiffs that instructions of the Church were infallible and complying with directions of priests would be beneficial. The original appellate decision had been handed down in January.