Issue

North Carolina—tort claims—child sexual abuse—retroactive alteration of expired statutes of limitations—no vested right

Summary

In considering a facial challenge to a provision of the SAFE Child Act allowing victims of child sexual abuse to file otherwise time-barred tort claims during a specified two-year period, the Supreme Court construed the Law of the Land and Ex Post Facto Clauses of the North Carolina Constitution to affirm, as modified, the Court of Appeals' lead decision holding that an action–brought against a county board of education (defendant) by three men (plaintiffs) who, as minors, were sexually abused by their high school wrestling coach–did not implicate any constitutionally protected vested right. The statute of limitations applicable to plaintiffs' tort claims fell outside the scope of the vested right doctrine because it affected procedural remedies–rather than property of the sort protected by the Law of the Land Clause–and, having been created by legislation, could be altered by legislation. Further, the text and history of the Ex Post Facto Clause–along with pertinent caselaw–revealed that retroactive civil laws which do not impose taxes are constitutionally permissible. Finally, the Court noted that the lower appellate court's tiered substantive due process framework analysis was immaterial to defendant's argument, and thus, unnecessary.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →