An Illinois appeals panel has ruled the state's new Childhood Sexual Abuse Act means public schools could face lawsuits for incidents that occurred at least 20 years before the lawsuit was filed, as the court held the sex abuse law overrides the one-year statute of limitations the school districts that would typically shied school districts under Illinois law.
The Jan. 6 decision was written by Justice James Knecht, with concurrence from Justices Craig DeArmond and Lisa Holder White, of the Illinois Fourth District Appellate Court in Springfield.
The ruling favored a female plaintiff in her action against the board of education for New Berlin Community Unit School District 16, which is near Springfield, in Sangamon County. The woman is also suing Carroll Owen Smith, who was a teacher, coach and athletic director for the district, according to published reports.
The woman sued the district and Smith in September 2018 in Sangamon County Circuit Court, alleging that while she was a student from 1985 to 1989 at New Berlin High School, Smith sexually abused her. The woman said she suffered emotional distress and financial loss from the alleged abuse, but did not realize until 2015 the harm was caused by Smith's alleged actions.
The school board replaced the district as defendant in March 2019.
The board has argued the suit should be dismissed, on grounds the Illinois Tort Immunity Act bars lawsuits against public entities after one year.
The woman's lawyers countered the Illinois Childhood Sexual Abuse Act was actually the applicable law in the case, and is superior to the Tort Immunity Act in such cases. The Abuse Act has a 20-year statute of limitations from the time a person both discovers they were abused and discovers harm they suffered was caused by the abuse.
Sangamon County Circuit Judge Gail Noll found the Abuse Act prevailed, leading the board to appeal.
Justice Knecht said he had no doubt the Abuse Act supersedes the Immunity Act.
"It is clear the legislature," in the Abuse Act "intended to give victims of childhood sexual abuse broad latitude in filing actions for damages," Knecht said.
Knecht added the language of the Abuse Act directs that for claims of childhood sexual abuse, the Abuse Act applies, "despite any other statute of limitations or repose."
Knecht pointed out the Abuse Act is controlling in this matter, because it contains the passage that reads: "Notwithstanding any other provision of law, an action for damages for personal injury based on childhood sexual abuse must be commenced within 20 years of the date the limitation period begins."
As a consequence, Knecht said, "We will not disregard the phrase 'notwithstanding any other provision of law,' because to hold otherwise would render the phrase meaningless."
Forbes has been represented by the Springfield firm of Gates, Wise, Schlosser & Goebel.
The board has been defended by the Springfield firm of Giffen, Winning, Cohen & Bodewes, as well as by the firm of Rammelkamp Bradney, of downstate Jacksonville.