Doe v. HINSDALE TWP. HIGH SCHOOL DIST. 86

905 N.E.2d 343
CourtAppellate Court of Illinois
DecidedMarch 19, 2009
Docket2-08-0199
StatusPublished
Cited by4 cases

This text of 905 N.E.2d 343 (Doe v. HINSDALE TWP. HIGH SCHOOL DIST. 86) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. HINSDALE TWP. HIGH SCHOOL DIST. 86, 905 N.E.2d 343 (Ill. Ct. App. 2009).

Opinion

905 N.E.2d 343 (2009)

Jane DOE, Plaintiff-Appellant,
v.
HINSDALE TOWNSHIP HIGH SCHOOL DISTRICT 86, Roger Miller, Individually and in his Official Capacity, James Ferguson, Individually and in his Official Capacity, and Robert J. Mueller, Jr., Individually, Defendants-Appellees.

No. 2-08-0199.

Appellate Court of Illinois, Second District.

March 19, 2009.

*344 Terry A. Ekl, Patrick L. Provenzale, Ekl Williams PLLC, Lisle, for Jan Doe.

Justin D. Petrarca, John J. Murphy, James A. Petrungaro, Scariano, Himes & Petrarca, Chtd., Chicago, for Hinsdale Township High School District 86.

James H. Knippen, Walsh, Knippen, Knight & Pollock, Chtd., Wheaton for Roger Miller.

James L. DeAno, DeAno & Scarry, LLC, Wheaton, for James Ferguson.

Gary S. Mueller, Gary S. Mueller & Associates, Ltd., Joliet, for Robert J. Mueller Jr.

Justice SCHOSTOK delivered the opinion of the court:

The plaintiff, Jane Doe, brought an action to recover damages for personal injuries allegedly based upon childhood sexual abuse proximately caused by the defendants, Hinsdale Township High School District 86 (District 86), Roger Miller, James Ferguson, and Robert J. Mueller, Jr. The circuit court of Du Page County dismissed those portions of the plaintiff's complaint that were directed against the first three of these defendants as barred by the statute of limitations. On appeal, the plaintiff argues that her action was timely filed under section 13-202.2(b) of the Code of Civil Procedure (the Code) (735 ILCS 5/13-202.2(b) (West 2006)). We reverse and remand.

On April 3, 2007, the plaintiff filed a five-count complaint against the defendants. The plaintiff alleged that, between 2002 and 2004, she was a high school student *345 (younger than 18) and served as a manager for District 86's boys' basketball team. Defendant Mueller was the boys' basketball coach. During that time frame, Mueller engaged in a sexual relationship with her. On December 18, 2006, Mueller was convicted of committing criminal sexual assault (720 ILCS 5/12-16(d), (f) (West 2002)) against her.

The plaintiff further alleged that Mueller engaged in a similarly illicit relationship with another student under the age of 18 between approximately 1999 and 2001. District 86's superintendent, defendant Miller, and principal, defendant Ferguson, received notice from an anonymous person of this illicit relationship in June 2000. Miller and Ferguson did not contact the Illinois Department of Children and Family Services or local law enforcement. Rather, the plaintiff alleged that Miller and Ferguson conducted a sham "in house" investigation in which they did not even personally interview the other student. The plaintiff alleged that the investigation was manifestly unreasonable and evidenced an intent to cover up the allegation. Based on Miller's, Ferguson's, and District 86's failure to report the allegation or to conduct a reasonable investigation, the plaintiff alleged that they had breached their duty of reasonable care to her. The plaintiff further alleged that Miller's, Ferguson's, and District 86's conduct was willful and wanton, their actions rose to the level of civil conspiracy, and their actions violated her rights to due process. The plaintiff also alleged that Mueller committed a battery against her. Based on the defendants' actions, the plaintiff asserted that she had suffered injuries of a personal, emotional, and pecuniary nature and she therefore requested damages in excess of $50,000.

On August 28, 2007, defendants District 86, Miller, and Ferguson (hereinafter referred to as the defendants) filed a joint motion pursuant to section 2-619.1 of the Code (735 ILCS 5/2-619.1 (West 2006)) to dismiss counts I, II, III, and V of the plaintiff's complaint. (Count IV of the plaintiff's complaint was directed only against Mueller. He has not filed any responsive pleadings or motions in this case.) The defendants argued that the plaintiff's action was barred by the applicable statute of limitations because she did not file her action within one year after her action accrued. On December 6, 2007, the trial court granted the defendants' motions to dismiss, ruling that the plaintiff's action was time barred pursuant to section 8-101 of the Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act) (745 ILCS 10/8-101 (West 2006)). The plaintiff filed a motion to reconsider, arguing that the applicable statute of limitations was section 13-202.2 of the Code (735 ILCS 5/13-202.2 (West 2006)) and that her action was not barred by that statute, because she had filed her complaint within five years after her action accrued. On February 28, 2008, the trial court denied the plaintiff's motion to reconsider. The trial court explained that section 13-202.2 of the Code applied only to actions for damages for personal injury based on childhood sexual abuse, unlike the plaintiff's action, which was based on claims for negligence and willful and wanton conduct in failing to report. In so ruling, the trial court found pursuant to Supreme Court Rule 304(a) (210 Ill.2d R. 304(a)) that there was no just reason to delay enforcement or appeal of its order. The plaintiff thereafter filed a timely notice of appeal.

The first issue we must address is whether section 13-202.2 of the Code applies to the plaintiff's action. Section 13-202.2 provides:

"(a) In this Section:
*346 `Childhood sexual abuse' means an act of sexual abuse that occurs when the person abused is under 18 years of age.
`Sexual abuse' includes but is not limited to sexual conduct and sexual penetration as defined in Section 12-12 of the Criminal Code of 1961 [(720 ILCS 5/12-12 (West 2006))].
(b) Notwithstanding any other provision of law, an action for damages for personal injury based on childhood sexual abuse must be commenced within 10 years of the date the limitation period begins to run under subsection (d) or within 5 years of the date the person abused discovers or through the use of reasonable diligence should discover both (i) that the act of childhood sexual abuse occurred and (ii) that the injury was caused by the childhood sexual abuse. The fact that the person abused discovers or through the use of reasonable diligence should discover that the act of childhood sexual abuse occurred is not, by itself, sufficient to start the discovery period under this subsection (b). Knowledge of the abuse does not constitute discovery of the injury or the causal relationship between any later-discovered injury and the abuse." 735 ILCS 5/13-202.2 (West 2006).

If section 13-202.2 of the Code does not apply, then section 8-101 of the Tort Immunity Act would, which would bar the plaintiff's action. Section 8-101 of the Tort Immunity Act provides:

"(a) No civil action * * * may be commenced in any court against a local entity or any of its employees for any injury unless it is commenced within one year from the date that the injury was received or the cause of action accrued.
* * *

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Bluebook (online)
905 N.E.2d 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-hinsdale-twp-high-school-dist-86-illappct-2009.