Chafin v. Wisconsin Province of the Society of Jesus and the Catholic Archdiocese of Omaha

Summary

The Nebraska Supreme Court affirmed dismissal of Kathleen Chafin’s amended complaint against the Wisconsin Province of the Society of Jesus and the Catholic Archdiocese of Omaha. The court held that her claims were barred by the statute of limitations because allegations of fraudulent concealment were not pleaded with the particularity required to toll the limitations period.

Holdings

1. Allegations of fraudulent concealment for tolling purposes must be pleaded with particularity.
2. The amended complaint did not sufficiently plead fraudulent concealment because it alleged only legal conclusions and did not state who concealed what, when, where, or how the concealment prevented discovery of the alleged misconduct.
3. Because Chafin did not sufficiently plead fraudulent concealment, the statute of limitations was not tolled and her claims were time barred.

Questions Presented

1. Whether the amended complaint sufficiently pleaded fraudulent concealment to toll the statute of limitations.
2. Whether allegations of fraudulent concealment used to avoid a statute-of-limitations defense must be pleaded with particularity.
3. Whether the district court properly dismissed the amended complaint with prejudice.

Disposition

affirmed