Issue

North Carolina—separation of powers—child sexual abuse claims—dismissed in prior final judgments—not revived by legislation

Summary

In a pair of consolidated cases involving claims of child sexual abuse by Catholic priests, which plaintiffs originally raised over a decade earlier and which were dismissed with prejudice because they were time-barred, plaintiffs' new lawsuits were properly dismissed on the ground that their claims were now barred by principles of res judicata. Although plaintiffs had filed their new suits after the General Assembly had passed the SAFE Child Act, which revived previously time-barred claims of child sexual abuse by extending the applicable statute of limitations, the Act did not override the earlier final judgments dismissing plaintiffs' claims. Under the North Carolina Constitution and separation of powers principles, the judicial power–which includes the powers to enter and set aside judgments–belongs to the judicial branch alone; therefore, an act of the legislative branch cannot set aside a final judgment entered by the judicial branch.

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