Moeller v. State

(on reassignment).

Leslie Moeller (Moeller) appeals the decision of the Commissioner of Claims (Commissioner) granting summary judgment on his claim for money damages against the State of South Dakota (State) under the State’s claim procedure. SDCL ch. 21-32. The Commissioner granted summary judgment ruling Moeller’s claim was barred by SDCL 21-32-2, the applicable statute of limitations. We reverse.

FACTS

Moeller was born on September 1, 1957. On November 10, 1974, a then seventeen-year-old Moeller was arrested and charged with grand larceny. On January 2, 1975, Moeller was transferred from…