UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 94-2184
KATHLEEN NUCCIO,
Plaintiff - Appellant,
v.
LUKE NUCCIO,
Defendant - Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. David M. Cohen, U.S. Magistrate Judge]
Before
Boudin, Circuit Judge,
John R. Gibson,* Senior Circuit Judge,
and Stahl, Circuit Judge.
Toby H. Hollander, with whom Law Offices of Toby H.
Hollander was on brief for appellant.
David P. Very with whom Peter J. DeTroy III and Norman,
Hanson & DeTroy were on brief for appellee.
June 27, 1996
* Of the Eighth Circuit, sitting by designation.
Per Curiam. In our opinion of August 9, 1995, we
certified to the Supreme Judicial Court of Maine pursuant to
Maine Revised Statute, 4 M.R.S.A. 57 (1989), the question of
whether the facts in this case provide a basis to apply equitable
estoppel so as to toll the statute of limitations during the
period of plaintiff's repressed memory. We retained jurisdiction
of this appeal pending determination of the issues.
We certified this question:
Does a showing that a plaintiff, who was the
victim of childhood sexual abuse, suffered
repressed memory as a result of a defendant's
threats of violence and generally violent
nature, her witnessing acts of violence by
the defendant, and her fear of the defendant,
provide a basis for the application of
equitable estoppel so as effectively to toll
the statute of limitations during the period
that the plaintiff's memories remain
repressed?
The opinion of the Supreme Judicial Court of Maine of
April 8, 1996, has answered this question in the negative,
stating that if Kathleen suffered repressed memory as a result of
the previously imposed violent conduct, as she claims, this does
not at this time equitably estop Luke from invoking the statute
of limitations.
Accordingly, we affirm the order granting summary
judgment in favor of Luke Nuccio on the basis that the Maine
statute of limitations barred Kathleen Nuccio's suit.
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