Facts

From 1982 to 2003, Bruce "Zion" Dutro and Glenda Lea Dutro sexually abused plaintiffs Amber Dutro, Glenda Stripes, Sarah Dutro, and Martha McKnelly, their biological children. They also sexually abused their nieces, plaintiffs Frances Smith, and Christina Moore, whom they gained legal guardianship over when they were 3 and 18 months old.

They later filed suit against Contra Costa County, the City of Antioch, and Calvery Open Bible Church based on that abuse.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that after a pastor from their church notified their parents that one of their daughters had confided in the pastor about the sexual abuse, the girls were locked in rooms, starved, beaten and one of them was repeatedly raped. A social worker arrived at the home 16 days after being notified by the police, but did not interview the girls alone. Plaintiffs claimed they were interviewed in front of their mother, who had threatened their life if they exposed the truth.

Plaintiffs contended that the county failed to properly investigate the claim of abuse in 1996. They also contended that the county and other defendants violated their civil rights under various federal statutes, and also made several state law claims.

Plaintiffs claimed the delayed discovery rule, equitable tolling, and equitable estoppel as possible justifications for tolling the statute of limitations on filing their claims.

DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss the plaintiffs' claims, based on the argument that they were barred by the statute of limitations.

Result

The court dismissed the claims against the County and the City, along with the individual defendant/employees, finding that the statute of limitations barred all state and federal claims. The court remanded the case against the Church defendants to state court, as there were no remaining federal claims.

Other Information

Zion Dutro confessed and was sentenced to 300 years in prison in April 2011. Glenda Lea Dutro pleaded no contest and was sentenced to 15 years.