Kaster v. State Of Iowa, 975 F.2d 1381 (8th Cir. 1992). · Go Syfert
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Kaster v. State Of Iowa, 975 F.2d 1381 (8th Cir. 1992). Cases Citing This Book View Copy Cite
23 citation events (8 in the last 25 years) across 7 distinct courts.
Strongest positive: Tatyana Lashelle McBee v. Corwin Battle; John Rhone; Investigator Blake Eudy; Larry Marion; Bryan Chessir; and Aaron Brasel (arwd, 2026-06-08)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
cited Cited as authority (rule) Tatyana Lashelle McBee v. Corwin Battle; John Rhone; Investigator Blake Eudy; Larry Marion; Bryan Chessir; and Aaron Brasel
W.D. Ark. · 2026 · confidence medium
Martin v. Julian, 18 F.4th 580, 583 (2021) (citing Kaster v. Iowa, 975 F.2d 1381, 1382 (8th Cir. 1992)).
discussed Cited as authority (rule) Jordan v. Bell (2×)
E.D. Mo. · 2025 · confidence medium
Stat. § 516.120 , applies to § 1983 claims); Kaster v. State of Iowa, 975 F.2d 1381, 1382 (8th Cir. 1992) (personal injury statute of limitations applies to § 1985 claims).
discussed Cited as authority (rule) Knode v. Rothenberger
D.S.D. · 2023 · confidence medium
In Martin v. Julian, 18 F.4th 580, 583 (8th Cir. 2021), the Eighth Circuit reiterated that “[a] cause of action for unlawful seizure of property accrues at the time of the seizure.” (citing Kaster v. Iowa, 975 F.2d 1381, 1382 (8th Cir. 1992) (per curiam)); see also Smith v. Travelpiece, 31 F.4th 878 , 886–88 (4th Cir. 2022) (holding that a § 1983 claim alleging a search and seizure in violation of the Fourth Amendment accrues at the time of the unlawful search).
cited Cited as authority (rule) Hubert Martin v. Lisa Julian
8th Cir. · 2021 · confidence medium
Kaster v. Iowa, 975 F.2d 1381, 1382 (8th Cir. 1992).
discussed Cited as authority (rule) Rural Water System 1 v. City of Sioux Center
N.D. Iowa · 1997 · confidence medium
No. 160, 62 F.3d 1040 , 1043 (8th Cir.1995) (parties and court agreed that Nebraska’s four-year statute of limitations for personal injuries applied to action pursuant to § 1983); Sanchez v. United States, 49 F.3d 1329, 1330 (8th Cir.1995) (holding that both Bivens claims and § 1983 claims are governed by the statute of limitations for personal injuries of the forum state, and noting that the applicable statute, Iowa’s personal injury statute of limitations, Iowa Code § 614.1 (2), provides for a limitations period of two years); Penn v. Iowa State Bd. of Regents, 999 F.2d 305 , 307 (8th…
examined Cited as authority (rule) Powell v. Tordoff (3×)
N.D. Iowa · 1995 · confidence medium
No. 160, 62 F.3d 1040 , 1043 (8th Cir.1995) (parties and court agreed that Nebraska’s four-year statute of limitations for personal injuries applied to action pursuant to § 1983); Sanchez v. United States, 49 F.3d 1329, 1330 (8th Cir.1995) (holding that both Bivens claims and § 1983 claims are governed by the statute of limitations for personal injuries of the forum state, and noting that the applicable statute, Iowa’s personal injury statute of limitations, Iowa Code § 614.1 (2), provides for a limitations period of two years); Owens v. Okure, 488 U.S. 235, 236 , 109 S.Ct. 573, 574 , 1…
discussed Cited as authority (rule) DePugh v. Smith
N.D. Iowa · 1995 · confidence medium
Owens v. Okure, 488 U.S. 235, 236 , 109 S.Ct. 573, 574 , 102 L.Ed.2d 594 (1989); Wilson v. Garcia, 471 U.S. at 280 , 105 S.Ct. at 1949 ; Penn v. Iowa State Bd. of Regents, 999 F.2d 305 , 307 (8th Cir.1993) (applying Iowa’s two-year personal injury statute, citing Wilson); Davis v. Ross, 995 F.2d 137, 138 (8th Cir. 1993) (per curiam) (applying Iowa’s two-year personal injury statute of limitations, citing Wycoff v. Menke, 773 F.2d 983, 984 (8th Cir.1985), cert. denied, 475 U.S. 1028 , 106 S.Ct. 1230 , 89 L.Ed.2d 339 (1986)); Kaster v. State of Iowa, 975 F.2d 1381, 1382 (8th Cir.1992) (Iowa�…
discussed Cited as authority (rule) Uhl v. Swanstrom
N.D. Iowa · 1995 · confidence medium
Owens v. Okure, 488 U.S. 235, 236 , 109 S.Ct. 573, 574 , 102 L.Ed.2d 594 (1989); Wilson v. Garcia, 471 U.S. at 280 , 105 S.Ct. at 1949 ; Penn v. Iowa State Bd. of Regents, 999 F.2d 305 , 307 (8th Cir.1993) (applying Iowa’s two-year personal injury statute, citing Wilson); Davis v. Ross, 995 F.2d 137, 138 (8th Cir. 1993) (per curiam) (applying Iowa’s two-year personal injury statute of limitations, citing Wycoff v. Menke, 773 F.2d 983, 984 (8th Cir.1985), cert. denied, 475 U.S. 1028 , 106 S.Ct. 1230 , 89 L.Ed.2d 339 (1986)); Raster v. State of Iowa, 975 F.2d 1381, 1382 (8th Cir. 1992) (Iowa…
cited Cited as authority (rule) Darryl Davis v. Kevin Ross, Iowa City Police Officer Officer Heick Unknown/unnamed Sued as Iowa City, Ia Chief of Police Tony Nobile
8th Cir. · 1993 · signal: cf. · confidence medium
Cf. Kaster v. Iowa, 975 F.2d 1381, 1382 (8th Cir.1992) (per curiam) (cause of action arose when state officials searched and seized plaintiffs property, not when his state court action concluded).
discussed Cited "see" Heaning v. NYNEX-New York (2×)
S.D.N.Y. · 1996 · signal: see · confidence high
See Easter v. Iowa, 975 F.2d 1381, 1382 (8th Cir.1992) (“Easter’s cause of action arose when the state officials searched and seized his property, not when Easter’s state court action concluded.”) (citations omitted); Jacobs v. Village Of Tuckahoe, Local 456 International Brotherhood Of Teamsters, 94 civ. 4888, 1996 WL 355376 , *2 (S.D.N.Y.
cited Cited "see" Burgs v. Iowa City, Iowa
8th Cir. · 1993 · signal: see · confidence high
See Kaster v. Iowa, 975 F.2d 1381, 1382 (8th Cir. 1992) (per curiam) (citing Wycoff v. Menke, 773 F.2d 983, 984 (8th Cir. 1985), cert. denied, 475 U.S. 1028 (1986)).
Retrieving the full opinion text from the archive…
Dickey D. Kaster
v.
State of Iowa Iowa Department of Natural Resources Larry J. Wilson Steve L. Schutte Mike Ashby Paul Martin, Individually and as Agents for the State of Iowa
92-2194.
Court of Appeals for the Eighth Circuit.
Oct 23, 1992.
975 F.2d 1381
Cited by 5 opinions  |  Published

975 F.2d 1381

Dickey D. KASTER, Appellant,
v.
STATE OF IOWA; Iowa Department of Natural Resources; Larry
J. Wilson; Steve L. Schutte; Mike Ashby; Paul
Martin, individually and as agents for
the State of Iowa, Appellees.

No. 92-2194.

United States Court of Appeals,
Eighth Circuit.

Submitted Sept. 17, 1992.
Decided Sept. 24, 1992.
Rehearing Denied Oct. 23, 1992.

Kaster, pro se.

Michael H. Smith and David R. Sheridan, Asst. Attys. Gen., Des Moines, Iowa, for appellees.

Before FAGG, BOWMAN, and WOLLMAN, Circuit Judges.

PER CURIAM.

1

The district court dismissed Dickey D. Kaster's 42 U.S.C. §§ 1983, 1985, and 1986 claims because Kaster filed them after the applicable statute of limitations had run. Kaster appeals, and we affirm.

2

In April 1988, state officials seized Kaster's fishing gear for violating Iowa's fishing laws. The Iowa Supreme Court decided Kaster's state court claims regarding his conviction and the forfeiture of his fishing gear in 1990 and 1991. Kaster filed this action in December 1991 asserting state officials conspired to violate his civil rights by seizing his fishing gear under color of Iowa forfeiture law, filing false criminal charges against him, and altering the seized property's value to change the forfeiture's jurisdictional limit.

3

The district court held, and the parties now agree, that Iowa's two-year personal injury statute of limitations applies to this action. McDougal v. County of Imperial, 942 F.2d 668, 673-74 (9th Cir.1991) (personal injury statute of limitations applies to section 1985 action); Wycoff v. Menke, 773 F.2d 983, 984 (8th Cir.1985) (personal injury statute of limitations applies to section 1983 action), cert. denied, 475 U.S. 1028, 106 S.Ct. 1230, 89 L.Ed.2d 339 (1986); cf. Tumulty v. City of Minneapolis, 511 F.Supp. 36, 38 (D.Minn.1980) (section 1986 action is derivative of section 1985 action), aff'd sub nom. LaGrange v. City of Minneapolis, 645 F.2d 615 (8th Cir.1981).

4

Kaster contends the two-year limitation does not bar his action because the action did not accrue until the Iowa Supreme Court decided his state court actions. We disagree. Kaster's cause of action arose when the state officials searched and seized his property, see Johnson v. Johnson County Comm'n Bd., 925 F.2d 1299, 1301 (10th Cir.1991), not when Kaster's state court action concluded, see Lown v. Brimeyer, 956 F.2d 780, 782 (8th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 176, 121 L.Ed.2d 122 (1992). Thus, the statute of limitations expired before Kaster filed this suit.

5

Accordingly, we affirm.