Farmer v. Cook

The question presented is whether the rule of Wilson v. Garcia, — U.S. -, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), holding that the personal-injury-action statutes of limitations of the respective states will govern the period within which cases must be brought under 42 U.S.C. § 1983, is retroactive. The District Court, acting before Wilson was decided by the Supreme Court, held the present § 1983 action barred by a three-year Missouri statute of limitations. If Wilson is to be applied, the applicable statute is five years.

In Wycoff v. Menke, 773 F.2d 983 (8th Cir.1985), we applied Wilson…