Noce, Mueller, and Deterding prevailed in an appeal in the Eighth Circuit
Gerard Noce, Amanda Mueller and David Deterding represented the Logan-Rogersville R-VIII Public School District and its former high school principal, John Hetherington, in the case of Adam Walker v. Bradley T. Barrett, Logan-Rogersville R-VIII School District and John Hetherington. This case was brought by Walker claiming that he had been sexually abused by defendant Barrett while Walker was a student enrolled in the district. All defendants filed motions to dismiss based upon the various Missouri Statutes of Limitations. The motions were sustained and the plaintiff appealed to the Eighth Circuit Court of Appeals. The plaintiff claimed on appeal that the statute of limitations contained within the Missouri Childhood Sexual Abuse Statute (RSMo 537.046) applied not only to the individual defendant perpetrator (Walker), but also applied to claims against the non-perpetrator defendants, i.e. the school district and high school principal. The Eighth Circuit in affirming the dismissal held that 537.046 does not apply to the non-perpetrator defendants. Plaintiff sought a rehearing and a hearing by the Eighth Circuit Court en banc. Both of those motions were denied. This is the first court of record to actually rule on this particular issue which often comes up in sexual abuse cases where plaintiffs attempt to hold the perpetrator's employer or some other institution liable for the actions of the perpetrator. Click here to view Order.