Ark. Code Ann. § 16-56-109 (2020)
Actions against sheriffs, coroners, and other officials
- All actions against sheriffs and coroners upon any liability incurred by them by doing any act in their official capacity or by the omission of any official duty, except for escapes, shall be brought within two (2) years after the cause of action has accrued and not thereafter.
- All actions against sheriffs or other officers for the escape of any person imprisoned on civil process shall be commenced within one (1) year from the time of escape, and not thereafter.
History. Rev. Stat., ch. 91, §§ 8, 9; C. & M. Dig., §§ 6952, 6953; Pope's Dig., §§ 8930, 8931; A.S.A. 1947, §§ 37-202, 37-203.
Case Notes
Deputies and Jailers.
Although deputy sheriffs and jailers are not referred to in this section, they are entitled to the benefit of the statute when sued on account of acts or omissions which took place in the course of their official duties. Brown v. United States, 342 F. Supp. 987 (E.D. Ark. 1972), aff'd in part, reversed in part, 486 F.2d 284 (8th Cir. Ark. 1973).
False Arrest.
Under this section an action against a sheriff for false arrest must be brought within two years. Gilpin v. Tack, 256 F. Supp. 562 (W.D. Ark. 1966).
Federal Actions.
This section applied to an action brought in federal court against an Arkansas jailer for injuries sustained by a federal prisoner at the hands of other inmates while confined in an Arkansas jail. Brown v. United States, 342 F. Supp. 987 (E.D. Ark. 1972), aff'd in part, reversed in part, 486 F.2d 284 (8th Cir. Ark. 1973).
The running of the statute was not tolled by the confinement of a plaintiff outside state in a federal penitentiary when he was not so confined at the time his cause of action accrued in view of § 16-56-116 (a) and (b). Brown v. United States, 342 F. Supp. 987 (E.D. Ark. 1972), aff'd in part, reversed in part, 486 F.2d 284 (8th Cir. Ark. 1973).
Federal prisoner confined in state jail had to bring negligence claim against sheriff and jailer within time prescribed by this section. Brown v. United States, 486 F.2d 284 (8th Cir. Ark. 1973).
Pleading.
The plea of the statute of limitations cannot be raised by demurrer, unless the complaint shows not only that the time has elapsed so as to bar the action, but also the nonexistence of any grounds for the avoidance of the statute. State use of Glover v. McIlroy, 196 Ark. 63, 116 S.W.2d 601 (1938).
Statute Tolled.
In a taxpayer action against a sheriff, allegations and proof of fraud and concealment were sufficient to toll any statute of limitations which was applicable. Thomas v. Williford, 259 Ark. 354, 534 S.W.2d 2 (1976).
Unlawful Taking.
Action against sureties on bond of former sheriff commenced more than two years after date on which he was required to turn over to his successor property and money in his hands, to recover value of property which the sheriff had attached, was barred by limitations, though filed soon after determination of replevin suit against sheriff. State use of Glover v. McIlroy, 196 Ark. 63, 116 S.W.2d 601 (1938).
Cited: Jackson v. Swift-Eckrich, 830 F. Supp. 486 (W.D. Ark. 1993).