Pecoraro v. Diocese of Rapid City

• Decision Date: 24 January 2006
• Docket Number: No. 05-1893.,05-1893.
• Citation: 435 F.3d 870
• Parties: Gerald P. PECORARO, Appellant, v. THE DIOCESE OF RAPID CITY, a South Dakota nonprofit corporation, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

435 F.3d 870

Gerald P. PECORARO, Appellant, v. THE DIOCESE OF RAPID CITY, a South Dakota nonprofit corporation, Appellee.

No. 05-1893.

United States Court of Appeals, Eighth Circuit.

Submitted: November 18, 2005.

Filed: January 24, 2006.

James Polack, argued, Omaha, NE, for appellant.

Daniel F. Duffy, argued, Rapid City, SD, for appellee.

Before ARNOLD, BEAM, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Gerald P. Pecoraro (Pecoraro) appeals the district court's¹ entry of summary judgment in favor of the Diocese of Rapid City (Diocese), arguing the district court erred in concluding his claim was barred by the applicable statute of limitations. Finding no error, we affirm the judgment of the district court.

I. BACKGROUND

In 1965, Pecoraro, then a fourteen-year-old resident of Omaha, Nebraska, was placed by his parents in the custody of Sky Ranch for Boys, Inc. (Sky Ranch), located in South Dakota. At that time, Father Donald Murray (Father Murray) served as executive director of Sky Ranch. The Diocese appointed Father Murray as the Sky Ranch director, and allegedly directed and controlled Father Murray's actions as director.

Pecoraro alleges Father Murray sexually assaulted him on three occasions during 1965 and 1966 while Pecoraro resided at Sky Ranch: twice in South Dakota at Sky Ranch, and once while taking Pecoraro to Chicago, Illinois. After the third alleged incident of sexual abuse, Pecoraro and two other minor residents of Sky Ranch informed a Sky Ranch counselor of Father Murray's actions. The counselor then reported the matter to the Bishop of the Diocese. After some investigation by the Diocese, Sky Ranch closed, and Pecoraro returned to his home in Omaha.

In early 1967, Pecoraro was arrested by Omaha police for joyriding and was sent to the Nebraska State Training School (NSTS) in Kearney, Nebraska. Pecoraro remained there until June 1967, when, just before Pecoraro's scheduled release, Father Murray contacted NSTS, informed NSTS officials Sky Ranch had re-opened, and requested custody of Pecoraro. Father Murray flew the Sky Ranch airplane to Kearney, obtained custody of Pecoraro, flew with Pecoraro to an Omaha fund-raiser, and then took Pecoraro to a ranch in Wyoming and later to a private home in South Dakota. Months later, when Father Murray strongly encouraged Pecoraro to enlist in the United States Marine Corps, Pecoraro refused and fled South Dakota.

Pecoraro eventually returned to Omaha. Over the next thirty years, he abused drugs and alcohol, attempted suicide, and developed psychological and personality disorders. In approximately January 2001, following the public revelation of the Catholic Church sexual abuse scandals, Pecoraro concluded Father Murray's sexual assaults caused Pecoraro's mental illness and psychological disorders.

In February 2002, Pecoraro brought suit in the United States District Court for the District of Nebraska against the Diocese, Sky Ranch, and the Sky Ranch Foundation, Inc. (Foundation), alleging the defendants were vicariously liable for the sexual abuse inflicted on Pecoraro by the then deceased Father Murray. In September 2002, the district court dismissed Pecoraro's complaint for lack of personal jurisdiction over the defendants and for improper venue. On August 18, 2003, this court affirmed the dismissal of the Diocese, but held the district court had personal jurisdiction over Sky Ranch and the Foundation and venue was proper in the District of Nebraska. Pecoraro v. Sky Ranch for Boys, Inc., 340 F.3d 558, 563 (8th Cir.2003) (Pecoraro I). The case was remanded, and in September 2004, following the parties' settlement agreement, Pecoraro, Sky Ranch, and the Foundation filed a stipulated motion to dismiss the action with prejudice. The district court granted the motion.

On November 17, 2004, Pecoraro filed a suit in the United States District Court for the District of South Dakota against the Diocese, again alleging the Diocese's vicarious liability for the sexual abuse inflicted by Father Murray. The Diocese moved for summary judgment, arguing Pecoraro's action was barred by the three-year statute of limitations set forth in South Dakota Codified Law (SDCL) § 26-10-25. The district court granted summary judgment in favor of the Diocese, holding: (1) the three-year limitations period set forth in section 26-10-25, rather than the six-year limitations period set forth in SDCL § 22-22-24.13, applied to Pecoraro's cause of action; (2) the limitations period was not equitably tolled during the pendency of Pecoraro's previous suit against the Diocese; and (3) the limitations period was not tolled pursuant to SDCL § 15-2-22 because Pecoraro was not mentally ill.

Pecoraro appeals, arguing the district court erred in granting summary judgment in favor of the Diocese because (1) the six-year statute of limitations set forth at section 22-22-24.13 governs Pecoraro's cause of action, (2) the three-year limitations period was equitably tolled and did not expire before the filing in South Dakota, and (3) Pecoraro's mental illness tolled the limitations period.

II. DISCUSSION

A. Standard of Review

Our standard of review is a familiar one. We review de novo a grant of summary judgment, applying the same standards as the district court. Woodland v. Joseph T. Ryerson & Son, Inc., 302 F.3d 839, 841-42 (8th Cir.2002). Summary judgment for the Diocese is proper if the evidence, viewed in the light most favorable to Pecoraro and giving Pecoraro the benefit of all reasonable inferences, shows there are no genuine issues of material fact and the Diocese is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); see, e.g., Mayer v. Nextel W. Corp., 318 F.3d 803, 806 (8th Cir.2003).

B. The Governing Statute of Limitations

South Dakota substantive law, including its statute of limitations, governs this diversity action. See Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938); Larsen v. Mayo Med. Ctr., 218 F.3d 863, 866 (8th Cir.2000). The construction and application of a statute of limitations present questions of law, subject to de novo review. Stratmeyer v. Stratmeyer, 567 N.W.2d 220, 222 (S.D. 1997) (citations omitted).

Pecoraro contends the district court erred in applying the three-year statute of limitations set forth in SDCL § 26-10-25, entitled "Time limit on civil action arising out of sexual abuse of child," which provides:

Any civil action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within ... three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act.

Id. (emphasis added). Pecoraro argues his cause of action is governed by the six-year statute of limitations set forth at SDCL § 22-22-24.13, entitled "Statute of limitations" for sex offenses, which provides, "Any action for damages under § ... 22-22-30... shall be commenced within six years of the time the plaintiff knew, or had reason to know, of any injury caused by violations of [§ 22-22-30]." Id. (emphasis added). Section 22-22-30 defines "sex crimes" for purposes of sections 22-22-31 through 22-22-39, and includes, among other crimes, rape, sexual contact with a child under sixteen, sexual contact with a person incapable of consenting, kidnapping a minor, indecent exposure, and solicitation of a minor.

Citing Peterson v. Burns, 635 N.W.2d 556, 568 (S.D.2001), Pecoraro claims under South Dakota law, if two statutes of limitations conflict with each other, the statute providing the longer limitations period applies. With little explanation, Pecoraro then argues the six-year limitations period in section 22-22-24.13 applies to any injury caused by violations of all sex crimes defined in section 22-22-30. Thus, according to Pecoraro, the jury should determine whether Father Murray committed any of the section 22-22-30 sex crimes, and whether Pecoraro's claim therefore is timely under the six-year limitations period.

Such an interpretation is unsupported by the law. Pecoraro's reliance on Peterson is misplaced. After the Peterson court noted the general rule regarding conflicting statutes of limitations, the court recognized the "rule does not apply when the two statutes can be harmonized." Peterson, 635 N.W.2d at 568. Because the three-year limitations period in section 26-10-25 and the six-year limitations period in section 22-22-24.13 apply to different types of claims, "the two statutes can be harmonized." See id. On its face, section 22-22-24.13 provides the limitations period for certain offenses, including an action for damages for violations of section 22-22-30. However, section 22-22-30 specifically indicates it is defining "sex crimes" for purposes of sections 22-22-31 through 22-22-39, which address the requirements pertaining to the registration of convicted sex offenders. See Meinders v. Weber, 604 N.W.2d 248, 254 (S.D.2000) (referring to sections 22-22-30 to 22-22-40 as "South Dakota's sex offender registration laws"). "The registration requirement is triggered by a conviction for one of the enumerated sex crimes in SDCL 22-22-30. [Thus,] [a]ny punishment flowing from the sex offender registration statutes comes from a failure to register, not from the past sex offense." Id. at 259 (citing State v. Cook, 83 Ohio St.3d 404, 700 N.E.2d 570, 584 (1998)) (emphasis added). Pecoraro did not allege Father Murray was a convicted sex offender who failed to register. Contrary to Pecoraro's assertions, the six-year limitations period in section 22-22-24.13 does not apply to his cause of action.

Our conclusion that the applicable statute of limitations is the three-year limitations period in section 26-10-25 comports with decisions interpreting and applying South Dakota law. See Stratmeyer, 567 N.W.2d at 223 ("It is obvious from a plain reading of SDCL 26-10-25 and 26-10-29 that ...