## Facts

- John Doe CS (pseudonym) alleged he was sexually abused as a minor by multiple Catholic priests, including Father Thaddeus Posey, a Capuchin priest assigned to Cardinal Ritter College Preparatory High School.
- Cardinal Ritter was operated by the Capuchin Franciscan Friars (CFF) during Doe’s attendance (1982–1986).
- Doe alleged sexual encounters with priests occurred without condoms and that he later became HIV-positive; he came to suspect his HIV infection and other harms were caused by the abuse.
- Doe alleged CFF knew or should have known Posey posed a risk to students, failed to supervise or remove him, failed to report misconduct, and concealed relevant information from students and parents.
- Doe was born June 20, 1968, and reached age 21 on June 20, 1989; he filed this federal diversity action in 2007.
- The remaining claims against CFF were: fraud (concealment/misrepresentation), intentional infliction of emotional distress, negligence (including negligent hiring/retention/supervision), vicarious liability/ratification, and intentional failure to supervise.
- CFF moved for summary judgment on the ground that all remaining claims were barred by Missouri statutes of limitations.

## Issues

1. Whether Missouri’s five-year limitations period for fraud and personal-injury actions, as applied with Missouri’s minority tolling rule beginning at age 21, barred Doe’s claims filed in 2007.
2. Whether any discovery rule, fraudulent concealment theory, or equitable tolling delayed accrual of the fraud and tort claims until Doe learned additional details about CFF’s alleged knowledge and concealment.
3. Whether Doe’s psychological conditions constituted “mental incapacity” sufficient to toll the limitations period under Missouri law.

## Decision

- The court granted summary judgment for CFF on all remaining counts.
- The court held that the claims were time-barred under Missouri’s five-year limitations period and Missouri’s rule that the limitations clock for minors begins at age 21.
- The court found no triable basis for tolling based on delayed discovery, alleged concealment, or mental incapacity.
- Judgment was entered for CFF on Counts IV, V, VI, VIII, and IX.

## Legal Principles

- Under Missouri law, personal-injury and fraud claims governed by Mo. Rev. Stat. § 516.120 generally must be brought within five years after accrual.
- For claims arising during minority, Mo. Rev. Stat. § 516.170 delays the start of the limitations period until the plaintiff reaches age 21.
- For Missouri fraud claims, accrual may occur upon discovery of the fraud or when it should have been discovered with ordinary care, but later learning additional details of a defendant’s wrongdoing does not necessarily postpone accrual when the plaintiff already knows of the injury and its cause.
- Tolling for mental incapacity requires proof of a significant inability to manage one’s affairs or understand legal rights; serious psychological distress alone is insufficient if the record shows functional capacity to seek treatment and conduct daily life.
- Alleged nondisclosure or concealment does not toll limitations where the plaintiff had sufficient information from personal experience (injury and identity of the wrongdoer) to investigate and timely file suit.

## Conclusion

The court applied Missouri’s limitations rules to bar abuse-related fraud and tort claims filed long after the plaintiff reached age 21, concluding the evidentiary record did not support delayed accrual or tolling based on discovery, concealment, or mental incapacity.


John Doe CS v. Capuchin Franciscan Friars, 520 F. Supp. 2d 1124 (E.D. Mo. 2007)