Bonneau
Bonneau v. Centennial School District No. 28J
Opinion
Opinion
McKEOWN, J.
In the wake of concerns about delayed reporting of child abuse, Oregon, like a number of states, adopted a special statute of limitations for abuse victims. Under the Oregon statute, an action must be commenced before the person reaches age 40 or within five years of discovery of the causal connection between the abuse and the injury. Or.Rev.Stat. § 12.117(1). The question we consider is the effect of this statute on Ryan Bonneau’s federal civil rights claim under 42 U.S.C. § 1983 . In affirming the district court’s dismissal of the action as time barred, we conclude that Oregon’s general statute of limitations, rather than the specialized abuse statute, governs Bonneau’s claims, and that federal, not state, law governs accrual of his claims.
Analysis
Bonneau, age 34 at the time he filed this action, alleges that while he was an elementary school student from 1986 to 1988, he was beaten by teachers at the school. Defendants include the teachers, his then-school principal, and the school district (collectively, “the District”). Bonneau claims he experienced physical and emotional injuries at the time of the alleged beatings.