Robert Koenig v. Father William Lambert

DOBBERPUHL, Circuit Judge FACTS AND PROCEDURE The following facts were admitted by defendant for the purposes of this motion. From 1958 to 1975, Robert Koenig (Koenig) was sexually abused by Father William Lambert (Lambert), a Catholic priest who was located in Fairfax, South Dakota at the time. Under the pretenses of observing Koenig in the act of his confessed sin of masturbation, Lambert first abused Koenig by fondling him. Koenig was twelve or thirteen years old at the time of this first incident. Over the next seventeen years, Lambert repeatedly abused Koenig, including forcibly raping him. It was not until 1991, through therapy, that Koenig began to realize that he had been the victim of abuse. He filed a complaint against both Lambert and the Diocese of Rapid City (Diocese) on April 17, 1992. On August 13, 1992, Lambert moved for summary judgment on the grounds that Koenig's claims were barred by the statute of limitations. On September 4, 1992, the Diocese did likewise. On February 1, 1994, Circuit Judge John K. Konenkamp granted partial summary judgment in favor of the Diocese. Koenig filed a motion for reconsideration on February 14, 1994, but that motion was denied in an order dated May 27, 1994. Koenig then brought this appeal pursuant to SDCL 15-26A-3. DECISION