Doe v. Hastert

Plaintiff alleged that Defendant forcibly sodomized him when he was 9 or 10 years old. Plaintiff had until age 20 to file a complaint, but did not file the present action until he was 53 years old. Court dismissed Plaintiff's complaint as barred by statute of limitations.Plaintiff's alleged failure to fully discover the nature of his injuries was insufficient to delay the running of the limitations period. Allegations in complaint show that Plaintiff was always aware of the misconduct charged, and he does not assert that he repressed memories of the abuse. Plaintiff alleged that when he was 20 or 21, he reported the crime to Kendall County State's Attorney who threatened to charge Plaintiff with a crime and accused him of slandering the Defendant; and alleged that these threats caused Plaintiff to repress the sexual assault and intimidated him into silence.  Plaintiff fails to allege that Defendant knew of State's Attorney's alleged threat or accusation, and thus the doctrine of equitable estoppel does not apply to toll the limitations period.These alleged threats were not an extraordinary barrier that prevented him from filing suit. (JORGENSON and BURKE, concurring.)