Background
Richard Lee Gravely filed a Section 1983 complaint alleging false arrest and malicious prosecution against Deputy Brady Hinchman. The district court dismissed the claims as untimely under a one-year state statute of limitations.
The court’s reasoning
The court held that where state law provides multiple statutes of limitations for personal injury actions, courts considering Section 1983 claims should borrow the general or residual statute. In West Virginia, a two-year statute applies. The complaint filed in October 2024 was timely under the two-year limit.
where state law provides multiple statutes of limitations for personal injury actions, courts considering § 1983 claims should borrow the general or residual statute for personal injury actions.
Owens v. Okure, 488 U.S. 235, 249-50 (1989)
What it means going forward
The case returns to the district court for further proceedings on the merits, as the statute of limitations defense was incorrectly applied.