Fredrick C. Lyons v. Lt. Jackie Goodson, North Little Rock Police Dept., North Little Rock, Ar, 787 F.2d 411 (8th Cir. 1986). · Go Syfert
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Fredrick C. Lyons v. Lt. Jackie Goodson, North Little Rock Police Dept., North Little Rock, Ar, 787 F.2d 411 (8th Cir. 1986). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 2007 · …comply with formal requirements in local rules. ✓
37 citation events (17 in the last 25 years) across 14 distinct courts.
Strongest positive: Franks v. Perry (arwd, 2024-10-29)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) Franks v. Perry
W.D. Ark. · 2024 · confidence medium
See Spradling v. Hastings, 912 F.3d 1114, 1119 (8th Cir. 2019); Ketchum v. City of West Memphis, 974 F.2d 81, 82 (8th Cir. 1992); Morton v. City of Little Rock, 934 F.2d 180, 183 (8th Cir. 1991); Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir. 1986).
discussed Cited as authority (rule) Lewis v. Kennemore
W.D. Ark. · 2024 · confidence medium
See Spradling v. Hastings, 912 F.3d 1114, 1119 (8th Cir. 2019); Ketchum v. City of West Memphis, 974 F.2d 81, 82 (8th Cir. 1992); Morton 4 v. City of Little Rock, 934 F.2d 180, 183 (8th Cir. 1991); Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir. 1986).
discussed Cited as authority (rule) American Atheists Inc v. Rapert
E.D. Ark. · 2020 · confidence medium
Memphis, 974 F.2d 81, 82 (8th Cir. 1992); Morton v. City of Little Rock, 934 F.2d 180, 183 (8th Cir. 1991); Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir. 1986).3 3 This three-year statute of limitations also applies to plaintiffs’ claims for declaratory relief.
cited Cited as authority (rule) Spainhour v. Jones
E.D. Ark. · 2020 · confidence medium
Code Ann. § 16-56-105 ; Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir. 1986))).
cited Cited as authority (rule) Martin v. Julian
E.D. Ark. · 2019 · confidence medium
Code Ann. § 16-56-105 ; Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir. 1986))).
cited Cited as authority (rule) McGary v. McHugh
D.D.C. · 2014 · confidence medium
Jul. 18, 2006) (citing Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986)).
discussed Cited as authority (rule) Gladden v. Bolden
D.D.C. · 2011 · confidence medium
Jul. 18, 2006) ("For statute of limitations purposes, a complaint is deemed to be filed with the Clerk when it is placed in the Clerk’s custody.... ”); Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986) ("[A] complaint is "filed” when it is lodged with the court....”); Loya v. Desert Sands Unified Sch.
discussed Cited as authority (rule) B.R. Ex Rel. Rempson v. District of Columbia
D.D.C. · 2007 · confidence medium
July 18, 2006) (holding that "a complaint is deemed to be filed with the Clerk when it is placed in the Clerk’s custody, even if it is technically deficient”) (citing Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986); Loya v. Desert Sands Unified Sch.
examined Cited as authority (rule) Stark v. Right Management Consultants (4×)
8th Cir. · 2007 · confidence medium
Federal Rule of Civil Procedure 5(e) prohibits the clerk from refusing to file a paper “solely because it is not presented in proper form as required by these rules or any local rules or practices.” Likewise, Federal Rule of Civil Procedure 83(a)(2) provides that “[a] local rule imposing a requirement of form shall not be enforced in a manner that causes a party to lose rights because of a nonwillful failure to comply -2- with the requirement.” As such, we have recognized that “local rule[s] should not be ‘elevate[d] to the status of a jurisdictional requirement,’” and accordin…
discussed Cited as authority (rule) Smith v. Planned Parenthood of St. Louis Region
E.D. Mo. · 2004 · confidence medium
The Court stated, "For purposes of the statute of limitations, the filing of a complaint commences a federal cause of action." Id. (citing Rule 3, Fed.R.Civ.P., and Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986) (per curiam) (for purposes of statute of limitation, a complaint is "filed" when it is lodged with the court even though it is technically deficient under the local rules)). [3] This Court has found no decisions holding that the filing fee requirement of 28 U.S.C. § 1914 is jurisdictional.
cited Cited as authority (rule) Walter Garrett v. L. Clarke
8th Cir. · 1998 · confidence medium
P. 3; Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir. 1986) (per curiam).
cited Cited as authority (rule) Walter Garrett v. L. Clarke, Sgt. D. Epps, 144 F. West, Maj. 63 Pinelawn Police Department City of Pinelawn
8th Cir. · 1998 · confidence medium
See Fed.R.Civ.P. 3; Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986) (per curiam).
cited Cited as authority (rule) Green v. Busha
10th Cir. · 1995 · confidence medium
See, e.g., Gilardi v. Schroeder, 833 F.2d 1226, 1233 (7th Cir.1987); Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986); Loya v. Desert Sands Unified Sch.
discussed Cited as authority (rule) Burnett v. Perry Manufacturing, Inc.
D. Kan. · 1993 · confidence medium
See also Parissi v. Telechron, Inc., 349 U.S. 46, 47 , 75 S.Ct. 577, 577 , 99 L.Ed. 867 (1955) (per curiam) (filing fee not a prerequisite for proper filing of an appeal under 28 U.S.C. § 1917 ); Gilardi v. Schroeder, 833 F.2d 1226, 1233 (7th Cir.1987) (stating that "the dis trict court should regard as 'filed' a complaint which arrives in the custody of the clerk within the statutory period but fails to conform with formal requirements in local rules"); Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986) (same); Loya v. Desert Sands Unified School District, 721 F.2d 279, 281 (9th Cir.1983) (s…
cited Cited as authority (rule) Ketchum v. City of West Memphis
8th Cir. · 1992 · confidence medium
E.g., Morton v. City of Little Rock, 934 F.2d 180, 182 (8th Cir.1991); Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986).
cited Cited as authority (rule) No. 91-3234
8th Cir. · 1992 · confidence medium
E.g., Morton v. City of Little Rock, 934 F.2d 180, 182 (8th Cir.1991); Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986).
discussed Cited as authority (rule) William L. Mondy v. Secretary of the Army (2×)
D.C. Cir. · 1988 · confidence medium
See e.g., Rodgers v. Bowen, 790 F.2d 1550, 1552 (11th Cir.1986); Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986); Rosenberg v. Martin, 478 F.2d 520 , 522 n. 1a (2d Cir.), cert. denied, 414 U.S. 872 , 94 S.Ct. 102 , 38 L.Ed.2d 90 (1973); Smith v. Ouzts, 629 F.Supp. 1001 (S.D.Miss.1986) 3 The court's dismissal of Mondy's original complaint was clearly erroneous for two reasons.
discussed Cited "see" Thomas v. Hill
N.D. Ind. · 1997 · signal: accord · confidence high
Adm'r, 841 F.2d 751 , 757 n. 5 (7th Cir.1988) (citing Gilardi v. Schroeder, 833 F.2d 1226, 1233 (7th Cir.1987); Rodgers v. Bowen, 790 F.2d 1550 (11th Cir.1986)); accord, Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986).
discussed Cited "see, e.g." Wells v. Apfel
W.D. Va. · 2000 · signal: see also · confidence medium
See also Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986) (for purposes of statutes of limitations, a complaint is “filed” when it is lodged with the court even though it is technically deficient under the local rules); Lonja v. Desert Sands Unified School Dist., 721 F.2d 279, 281 (9th Cir.1983) (for purposes of statute of limitations, complaint is “filed” when arrives in the custody of clerk within the statutory period but fails to conform with formal requirements of local rules); In re Horob, 54 B.R. 693, 696 (Bankr.D.N.D.1985) (complaint is properly filed at the time it was receiv…
discussed Cited "see, e.g." Johnson v. Brown
N.D. Ind. · 1992 · signal: see also · confidence medium
Specifically, the court stated: If the plaintiff has filed a complaint in compliance with [Title VII] and the Federal Rules of Civil Procedure, it should be deemed “filed” for statute of limitations purposes____ As the Ninth Circuit has pointed out, ‘the district court should regard as “filed” a complaint which arrives in the custody of the clerk within the statutory period but fails to conform with formal requirements in local rules.’ Gilardi v. Schroeder, 833 F.2d 1226, 1233 (7th Cir.1987) (citing Loya v. Desert Sands Unified School District, 721 F.2d 279, 281 (9th Cir.1983)); se…
cited Cited "see, e.g." Littlewolf v. Hodel
D.D.C. · 1988 · signal: see, e.g. · confidence low
See, e.g., Lyons v. Goodson, 787 F.2d 411 (8th Cir.1986); Coulibaly v. T.G.I.
cited Cited "see, e.g." Diane Rodgers, on Behalf of Sharon Jones, A/K/A Sharon Rodgers v. Otis R. Bowen, Secretary of Health and Human Services
11th Cir. · 1986 · signal: see also · confidence medium
See also Lyons v. Goodson, 787 F.2d 411, 412 (8th Cir.1986); Loya v. Desert Sands Unified School District, 721 F.2d 279, 281 (9th Cir.1983).
Retrieving the full opinion text from the archive…
Fredrick C. LYONS, Appellant,
v.
Lt. Jackie GOODSON, North Little Rock Police Dept., North Little Rock, AR, Appellee
85-2188.
Court of Appeals for the Eighth Circuit.
Mar 27, 1986.
787 F.2d 411
1986 U.S. App. LEXIS 23327
Fredrick C. Lyons, pro se., Michael J. Emerson, Asst. City Atty., North Little Rock, Ark., for appellee.
Ross, McMillian, Fagg.
Cited by 31 opinions  |  Published
PER CURIAM.

Fredrick C. Lyons, an inmate of the Arkansas Department of Correction, appeals pro se and in forma pauperis from the district court’s order dismissing his civil rights action as barred by the statute of limitations. We reverse and remand.

Lyons alleges that this action is based on events that occurred on July 21, 1982, and that the district court initially received his complaint on July 9, 1985. He says he submitted nine copies of the complaint, although his instructions were to provide eight copies. The district court (through the magistrate’s office) returned the complaint to Lyons, along with an explanatory form letter dated July 12, 1985, indicating that two more copies were needed. Lyons states that he sent two more copies, that he received another form letter dated July 19[*412] with the identical deficiency noted (two more copies needed), and that he then submitted two additional copies to the court.

On August 6, the magistrate issued an order granting Lyons permission to proceed in forma pauperis and directing that the complaint be filed and served. The defendant subsequently moved to dismiss the action and the district court, noting a filing date of August 6, dismissed the complaint as barred by the statute of limitations.

The determination of whether an action is barred by the statute of limitations encompasses two questions: (1) what limitations period applies, and (2) how is the running of that limitations period stopped? 2 Moore’s Federal Practice ¶ 3.07[1] at 3-47.

As to the first question, the limitations period in an action under 42 U.S.C. § 1983 is the state statute of limitations for personal injury actions. Wilson v. Garcia, — U.S.-, 105 S.Ct. 1938, 1947, 1949, 85 L.Ed.2d 254 (1985). Thus, in Arkansas the applicable period is three years. ARK. STAT.ANN. § 37-206 (Repl.1962). See Mason v. Sorrell, 260 Ark. 27, 551 S.W.2d 184 (1976).

As to the second question, where a federal cause of action is involved, filing a complaint with the court commences the action pursuant to Rule 3 of the Federal Rules of Civil Procedure, see Jackson v. Duke, 259 F.2d 3, 6 (5th Cir.1958), and tolls the statute of limitations. Mohler v. Miller, 235 F.2d 153, 154-55 (6th Cir.1956).

The real question in this case, however, is whether a complaint can be deemed “filed” when it does not comply with for: mal requirements in local rules. We concur with the position of the Ninth Circuit that a local rule should not be “elevate[d] to the status of a jurisdictional requirement” or “applied in a manner that defeats altogether a litigant’s right to access to the court.” Loya v. Desert Sands Unified School District, 721 F.2d 279, 280 (9th Cir.1983).

We hold that, for purposes of the statute of limitations, a complaint is “filed” when it is lodged with the court even though it is technically deficient under local rules. We therefore conclude that Lyons filed his complaint before the limitations period expired.

Accordingly, we reverse and remand to the district court for further proceedings.