John Doe 150 v. The Archidiocese of Portland

Good Law
469 F. App'x 641
United States Court of Appeals for the Ninth CircuitMarch 1, 201210-36126California1,082 words

Opinion

Opinion

MEMORANDUM

The undisputed facts of this case and the procedural history are known to the parties. Appellant, John Doe 150, appeals the United States District Court for the District of Oregon’s decision that, as a matter of law, delayed discovery of the causal connection between Doe’s known sexual abuse at the hands of a priest and the consequent harm to Doe was unreasonable. Doe claims that the district court committed two errors when it granted summary judgment in favor of Appellee, the Archdiocese of Portland in Oregon. Doe argues that the district court: (1) usurped the role of the jury in determining the reasonableness of Doe’s delayed discovery as a question of law; and (2) ignored the compelling testimony of .Doe’s expert concerning whether the nature of Doe’s harm might reasonably have masked the causal connection between his childhood abuse and the consequent harm. The district court found that no trier of fact could conclude that it was reasonable for Doe to fail to discover the causal connection between the abuse he suffered and his consequent harm prior to the bankruptcy court’s claims bar date of April 29, 2005, or prior to the applicable Oregon statute of limitations…

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