Lawsuit dismissed

By Rebecca Mayer

The Lake Oswego Review, Feb 5, 2009, Updated Oct 30, 2009 (1 Reader comment)

Clackamas County Circuit Court dismissed a lawsuit against Lake Oswego School District that claimed that former teacher Judd Johnson sexually abused seven men – then elementary school students – between the late 60s and early 80s. Judge James Tait left the claims against Johnson pending.

In order for the men to win the case, they will have to convince the courts or possibly even the Legislature to change the statute of limitations on crimes involving public entities. The men appealed the ruling to the Oregon Court of Appeals on Jan. 7.

Originally three men filed suit in February, seeking $2 million each for emotional trauma and “permanent psychological damage” and $100,000 each for future therapy. Four more added their names to the list in April, bringing the total suit to $14.7 million.

Some of the men, who are now in their 40s and 50s, have remained friends over the years, and some of them have never met. All seven –anonymous in the lawsuit – allege abuse by Johnson over the course of his career that includes Bryant Elementary School, Forest Hills Elementary School and Lake Grove Elementary School. Typically, Johnson allegedly used the grooming process to fondle the boys’ genitals and buttocks.

The complaint alleges that an LOSD administrator knew about the abuse but had a practice of transferring Johnson around the district to cover it up.

The school district, represented by attorney David Ernst, disputes that the suit is valid because the Oregon Tort Claims Act establishes a 180-day notice period, subject to a 90-day extension. It contains a two-year statute of limitations.

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