By: Daily Record Staff//September 25, 2023
By: Daily Record Staff//September 25, 2023//
United States Court of Appeals for the Second Circuit
New York Child Victim’s Act
Tolling – Title IX and Section 1983
Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
Judges Cabranes and Bianco
Background: At issue in both appeals is whether Section 214-g of the New York State Civil Practice Law and Rules can revive or toll a federal claim under 42 USC § 1983 and Title IX that is otherwise time barred, but is based upon alleged sexual abuse that would otherwise fall under Section 214-g.
Ruling: The Second Circuit held that the claims under Section 1983 and Title IX are governed by New York’s general statute of limitations for personal injury under CPLR § 214(5), which is three years. Section 214-g has no impact on the limitations period for such federal claims. Thus, it was proper for the district courts to dismiss the federal claims as time barred.
Kevin T. Mulhearn and John Ray, of John Ray & Associates, for the plaintiffs-appellants; Joseph Gallo, of McGiveny Kluger Clark & Intoccia, and Joshua S. Shteierman, of Volz & Vigliotta, for the defendants-appellees.