Arkansas Code Annotated

Ark. Code Ann. § 16-56-109 (2020)

Actions against sheriffs, coroners, and other officials

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. 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.
  2. 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).

Notes of Decisions
Cited in 5 cases, 1993–2020 · leading case: Geraldine Henson v. Kelley Cradduck, 2020 Ark. 24, 593 S.W.3d 10.
Geraldine Henson v. Kelley Cradduck, 2020 Ark. 24, 593 S.W.3d 10. · cites it 2× “See Ark. Code Ann. § 16-56-109 (Repl. 2005). The defendants further argued that all other claims brought in subsequent amended complaints were barred by a three-year statute of limitations, Arkansas Code Annotated section 16-56- 1 The facts contained herein are taken from…”
Miller Brewing Co. v. Ed Roleson, Jr., Inc., 223 S.W.3d 806 (Ark. 2006). · cites it 4× “This statute applies to any Act or cause of action which does not specify its own limitation period and does not fit within one of the following specific statutory limitations periods: one year, Ark.Code Ann. § 16-56-104; three year, Ark.”
Jackson v. Swift-Eckrich, 830 F. Supp. 486 (W.D. Ark. 1993). · cites it 2× “most analogous to the case at hand; nor can the court say that the limitations period was adopted after consideration of policies closely analogous to those considered in the PSA The five year catch-all statute of limitations is just applies to any Act or cause of action which…”
Spainhour v. Jones, No. 4:19-cv-00202 (E.D. Ark. Mar. 18, 2020). · cites it 2× “See Ark. Code Ann. § 16-56-109 (a). This statute applies to deputy sheriffs and jailers as well as sheriffs, see Brown v.”
Smith-Dandridge v. Geanolous, No. 5:19-cv-05184 (W.D. Ark. July 24, 2020). “§ 16-56-109 (a). “This statute applies to deputy sheriffs and jailers as well as sheriffs.”
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