Doe A. v. Diocese of Dallas

State: Illinois

Court: 5th District Appellate

Docket No: 5-06-0383 Rel

Case Date: 03/07/2008

Preview:N O T IC E Decision filed 03/07/08. The text of this dec ision m ay b e changed or corrected prior to the P e t i ti o n for filing of a or the

NO. 5-06-0383 IN THE APPELLATE COURT OF ILLINOIS

Re hea ring

FIFTH DISTRICT ________________________________________________________________________ JOHN DOE A., ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) St. Clair County. ) v. ) No. 03-L-713 ) DIOCESE OF DALLAS, DIOCESE ) OF BELLEVILLE, ARCHDIOCESE ) OF ST. LOUIS, and FATHER ) KENNETH ROBERTS, ) Honorable ) Lloyd A. Cueto, Defendants-Appellees. ) Judge, presiding. ________________________________________________________________________ JUSTICE CHAPMAN delivered the opinion of the court: John Doe A. appeals from the trial court's February 17, 2006, order dismissing his complaint with prejudice as being barred under the 1994 childhood sexual abuse statute of limitations (735 ILCS 5/13-202.2 (West 1994)) and concluding that a more recent limitations statute for survivors of childhood sexual abuse (735 ILCS 5/13-202.2 (West Supp. 2003)) was inapplicable because the earlier applicable limitations period had already expired before the enactment of the later statute and thus could not be revived by this later legislative enactment. We reverse and remand. The plaintiff in this case alleges that he was sexually molested by Father Kenneth Roberts one time in 1984 when Father Roberts was a guest speaker at the plaintiff's Catholic grade school in Belleville, Illinois. As we will detail in this opinion, allegations of sexual misconduct had been lodged against Father Roberts prior to this Belleville engagement. The plaintiff was born on May 5, 1970, into a devout Catholic family. By 1984, the plaintiff was considering entering the priesthood. Father Roberts came to speak at the 1

disposition of the same.

plaintiff's school

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