Marvin DeVries v. David Driesen

PERRY, District Judge.

Marvin DeVries brought this § 1983 suit two years and four months after the claim arose. The district court 1 dismissed the case as barred by Iowa’s two-year statute of limitations governing personal injury claims. DeVries appealed, arguing that his time for filing suit was tolled during the pendency of an administrative claim he had filed under the Iowa Tort Claims Act. Section 1983 claims are governed by the state’s statute of limitations for personal injury claims and may be subject to any tolling rules that Iowa courts have applied to that statute. The tolling…