Steinke v. Kurzak

803 N.W.2d 662, 2011 Iowa App. LEXIS 680, 2011 WL 2696393
CourtCourt of Appeals of Iowa
DecidedJuly 13, 2011
DocketNo. 10-1251
StatusPublished
Cited by1 cases

This text of 803 N.W.2d 662 (Steinke v. Kurzak) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steinke v. Kurzak, 803 N.W.2d 662, 2011 Iowa App. LEXIS 680, 2011 WL 2696393 (iowactapp 2011).

Opinion

TABOR, J.

Jeffrey Steinke challenges the district court’s grant of summary judgment to the Diocese of Sioux City in his lawsuit alleging he was sexually abused by John Kur-zak, a Roman Catholic priest, and John Perdue, a former priest. Kurzak and Per-due cross-appeal from the district court’s denial of summary judgment on their claim that Steinke’s suit is barred by the two-year statute of limitations at Iowa Code section 614.1(2) (2009).

Steinke commenced his action in 2008 based upon incidents of sexual abuse that allegedly occurred in 1981 and 1982. The district court applied the discovery rule and determined that “when Steinke knew or should have known about his abuse” was a question “best left for the finder of fact.” Given Iowa’s existing case law, we must conclude the discovery rule did not toll the statute of limitations because Steinke knew the acts of Kurzak and Per-due were abusive and caused him harm at the time they were committed.1 Because we reverse based on the statute of limitations, we do not address the district court’s other grounds for granting summary judgment for the Diocese.

J. Background Facts and Proceedings

For purposes of determining when Steinke’s cause of action accrued, we outline the evidence presented in his petition, his responses to interrogatories, his depo[664]*664sition, and other filings in opposition to the defendants’ summary judgment motions.

Steinke was born in Milwaukee in November 1963. His mother was a devout Roman Catholic, who raised him with a deep commitment to his faith. His family moved to Fort Dodge after he completed sixth grade. They joined Sacred Heart Parish and he attended the junior high connected with that church. His family then transferred to the Corpus Christi Parish and Steinke enrolled in St. Edmond High School. He graduated from St. Edmond in 1982. Steinke was active in church-sponsored activities throughout his youth and harbored an interest in becoming a priest.

From 1979 to 1981, Father John Kurzak served as the assistant pastor at Corpus Christi Parish in Fort Dodge. During the same time period, the Diocese of Sioux City placed Kurzak on the faculty at St. Edmond High School. Father Kurzak developed a relationship with Steinke, taking the teenager golfing and to other sporting events, as well as visits to the Fort Dodge police department, where Kurzak was chaplain.

During the summer of 1981, the Diocese assigned Kurzak to Our Lady of Good Counsel Parish in Moorland, which was about seven miles southwest of Fort Dodge. At that time, Kurzak introduced Steinke to John Perdue, who was then a seminary student. Steinke recalled Kur-zak and Perdue inviting him and other high school boys to the Moorland rectory for “get-togethers” that involved playing cards, eating pizza, and consuming alcohol, despite the fact the boys were under the legal drinking age. When the boys became intoxicated, Kurzak and Perdue would insist they stay overnight at the rectory to avoid being arrested for drunken driving. According to Steinke, Kurzak and Perdue then would introduce pornographic videos and magazines and used a Polaroid camera to take inappropriate photographs of the boys in attendance. Steinke alleged that Perdue photographed him when he was urinating and when he was exiting the shower. He also alleged that Kurzak and Perdue were “grabbing our genitals and buttocks and giving overly affectionate embraces and hugs.” Steinke wrote in response to interrogatories: “During the night, we were bothered by their grabbing and taking pictures.”

Steinke recalled that later in the summer Kurzak and Perdue took him on a trip to the Okoboji-Spirit Lake area. At the double-wide trailer where they stayed, the older men provided seventeen-year-old Steinke with mixed drinks, specifically Brandy Manhattans. While he was under the influence of alcohol, the men convinced Steinke to disrobe and go skinny dipping in the lake. Steinke wrote in response to his interrogatory: “The next thing that I remember is being very terrified in the trailer’s bathroom, sitting on the commode and bleeding from the rectum.” He recalled later taking a rowboat out onto the lake in the middle of the night to get away, but eventually returned because Kurzak and Perdue were his only means of getting home.

Steinke alleged a third incident of abuse occurred late that summer at a going away party for Kurzak, who left his duties as a diocesan priest in Fort Dodge to serve as a military chaplain in the fall of 1981. During a “sexually charged” gathering at a cabin on North Twin Lake, Iowa, Kurzak and Perdue grabbed Steinke’s genitals.

During the summer of 1982, Perdue took Steinke to a Minnesota Twins game and during an overnight at a rectory in Sioux City, Steinke awoke to Perdue fondling his genitals. Steinke wrote in response to interrogatories that after the trip to Sioux City he was reluctant to be alone with [665]*665Perdue. Nevertheless, later that summer Perdue convinced Steinke to attend another gathering at Twin Lakes. Steinke described the scene as follows: .

'Again, things started with obscene jokes and stories, sexual conversations, and derogatory comments about women and girls. After we had consumed a sufficient amount of alcohol to lower inhibitions, pornography was produced. The same pattern of. grabbing genitals and buttocks and overly affectionate embraces and hugs started once the environment became sexually charged. Perdue once again produced his ever present Polaroid and began taking pictures of the activities.

Steinke recalled one final encounter with Perdue at the trailer on Little Spirit Lake. Steinke hesitated to go given the prior incidents; he relented based on his belief he needed to be sociable to be considered for the priesthood. Perdue hosted Steinke and two other teenage boys, but Perdue’s promise of swimming and boating did not come to fruition.. When the trip turned into time spent drinking alcoholic beverages in the trailer, Steinke left with one of his friends to stay overnight with an acquaintance in Spencer. Steinke’s decision angered Perdue, who threatened to ruin Steinke’s future by revealing his sexual activities to his parents, as well as school and church officials. Perdue reminded Steinke that he had photographs documenting the teen’s participation. Steinke wrote in response to an interrogatory: “So I kept my mouth closed and never told anyone, praying that the trauma would go away.”

Steinke told a psychologist that he was a good student and happy person before the abuse. His family noticed his changed behavior when he was in high school; his older sister asked his mother: “What happened to him?” Steinke testified to having anxiety, depression, and panic attacks since he was a senior in high school. He also testified that since his senior year in high school he has experienced recurring nightmares in which he was struggling to get away from Kurzak and Perdue.

In an interrogatory response he stated: Over the years I have used various methods to cope with this trauma, most of them negative and emerging as obsessive compulsive behaviors. It’s like a big hole that I try to fill with intense experiences that never gets filled, it only gets bigger. These intense experiences help you forget the pain, even if for a very brief time.

Steinke attended Iowa State University and earned a bachelor’s degree in business administration. He also obtained a master’s degree in business administration from Marquette University.

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Related

Kestel v. Kurzak
803 N.W.2d 870 (Court of Appeals of Iowa, 2011)

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Bluebook (online)
803 N.W.2d 662, 2011 Iowa App. LEXIS 680, 2011 WL 2696393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinke-v-kurzak-iowactapp-2011.