Farmer v. Cook
Opinion of the Court
The question presented is whether the rule of Wilson v. Garcia, — U.S. -, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), holding that the personal-injury-action statutes of limitations of the respective states will govern the period within which cases must be brought under 42 U.S.C. § 1983, is retroactive. The District Court, acting before Wilson was decided by the Supreme Court, held the present § 1983 action barred by a three-year Missouri statute of limitations. If Wilson is to be applied, the applicable statute is five years.
In Wycoff v. Menke, 773 F.2d 983 (8th Cir. 1985), we applied Wilson retroactively to bar a § 1983 action that, under the law existing when the complaint was filed,
The Court appreciates the services of appointed counsel for plaintiff.
The judgment is reversed, and the cause remanded for whatever further proceedings are appropriate.
It is so ordered.
Reference
- Full Case Name
- Wayne FARMER v. Lawrence L. COOK, Chief of Police, Independence, Mo. Police Dept. Joe Doe, 1, Independence Police Officer Joe Doe, 2, Independence Police Officer Joe Doe, 3, Detective, Independence Police Officer, Sergeant Smith (First Name Unknown), Independence Police Officer, Joe Doe, 4, Independence Police Officer Jane Doe, 5, Independence Police Officer and City of Independence, Missouri Major Donald Huntsinger, Independence Police Dept. and Robert Rinehart, Chief of Police, Independence Police Dept.
- Cited By
- 21 cases
- Status
- Published