Watkins v. Dep’t of Youth Servs.

by
Appellant alleged that between 2000 and 2001 two employees of the Department of Youth Services (DYS) sexually abused her while she was in custody of a juvenile correctional facility. In 2012, Appellant filed a complaint against DYS. DYS moved to dismiss the complaint for failure to state a claim, asserting that Appellant’s complaint was barred by the two-year statute of limitations for civil actions against the state set forth in Ohio Rev. Code 2743.16(A). The court granted the motion and dismissed the action, concluding that Appellant’s claims were barred because she filed her complaint more than two years after reaching the age of majority. The Court of Appeals affirmed. The Supreme Court reversed, holding that the twelve-year statute of limitations set forth in Ohio Rev. Code 2305.111(C), which pertains to actions brought by victims of childhood sexual abuse, rather than the two-year statute of limitations set forth in Ohio Rev. Code 2743.16(A), which pertains to civil actions filed against the state, applied to Appellant’s claims. Remanded. View "Watkins v. Dep’t of Youth Servs." on Justia Law