Changes

In ''Whittle v. Wiseman'', the Court of Appeals for the [[Eighth Circuit]] held that the three-year statute of limitations in [[Arkansas]] applies to [[Section 1983]] and Section [[1985]] claims:

In '''''Whittle v. Wiseman''''', the Court of Appeals for the [[Eighth Circuit]] held that the three-year statute of limitations in [[Arkansas]] applies to [[Section 1983]] and Section [[1985]] claims:

:Plaintiff filed her original complaint on February 23, 1979, alleging that she had been unconstitutionally discharged on June 27, 1977 from her position as a registered nurse at the Hot Springs Rehabilitation Center because of her involvement with a patient during her off-duty hours. This first complaint was dismissed without prejudice on December 9, 1980 for failure to prosecute. Plaintiff refiled her suit on June 29, 1981. The trial court granted defendants' motion to dismiss on the ground that plaintiff's second action was barred by the applicable three-year statute of limitations, Ark.Stat.Ann. § 37-206. Plaintiff contends that her action, although refiled more than three years after her discharge, is "saved" by Ark.Stat.Ann. § 37-222, which provides that if an action has been commenced within the statutory time limit and is dismissed without prejudice, the plaintiff may commence a new action within one year after such dismissal. See Coleman v. Young, 256 Ark. 759, 510 S.W.2d 877 (1974).

:Plaintiff filed her original complaint on February 23, 1979, alleging that she had been unconstitutionally discharged on June 27, 1977 from her position as a registered nurse at the Hot Springs Rehabilitation Center because of her involvement with a patient during her off-duty hours. This first complaint was dismissed without prejudice on December 9, 1980 for failure to prosecute. Plaintiff refiled her suit on June 29, 1981. The trial court granted defendants' motion to dismiss on the ground that plaintiff's second action was barred by the applicable three-year statute of limitations, Ark.Stat.Ann. § 37-206. Plaintiff contends that her action, although refiled more than three years after her discharge, is "saved" by Ark.Stat.Ann. § 37-222, which provides that if an action has been commenced within the statutory time limit and is dismissed without prejudice, the plaintiff may commence a new action within one year after such dismissal. See Coleman v. Young, 256 Ark. 759, 510 S.W.2d 877 (1974).