Martin A. Schwartz Timeliness of Section 1983 Sexual Abuse of Minor Claims
In 2019, the New York Legislature enacted the Child Victim's Act, which revived claims of sexual abuse against a child who was less than 18 years old when the abuse occurred that were barred by the statute of limitations. The statute clearly applies to claims based on New York state law, but does the New York law also apply to §1983 claims?
December 29, 2023 at 10:20 AM
10 minute read
Litigation
Sexual abuse of a minor causes severe harm from which the victim may never recover. When the perpetrator teacher abused official authority under color of state law, the victim may assert a claim for relief under §1983. The abuse of governmental authority violates the minor's due process right to bodily integrity and security.
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