Legal Opinion

Louis F. Arnold v. Duchesne County, Merv Taylor, Jerry Foote, and Clair Poulson

Court of Appeals for the Tenth Circuit

Decided May 27, 1994No. 93-4046PublishedCited by 40 opinions

1Opinion of the Court

STEPHEN H. ANDERSON, Circuit Judge.

This case presents a single issue: whether the appropriate statute of limitations for 42 U.S.C. § 1983 actions in Utah is two years pursuant to Utah Code Ann. § 78-12-28(3) or four years pursuant to Utah Code Ann. § 78-12-25(3). This issue has divided federal district court judges in the district of Utah. 1 The lower court in this case held that section 78-12-28(3) applies to section 1983. We hold that it does not.

BACKGROUND

Plaintiff and appellant Louis F. Arnold was arrested by officers of the Duchesne County Sheriffs Department on April 21, 1988, and…

2Cases cited23 opinions

  1. Monroe v. PapeSupreme Court of the United States · 1961
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. Wilson v. GarciaSupreme Court of the United States · 1985
  4. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  5. Owens v. OkureSupreme Court of the United States · 1989

18 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Burke v. RegaladoCourt of Appeals for the Tenth Circuit · 2019
  2. Kuhnle Brothers, Inc. v. County of GeaugaCourt of Appeals for the Sixth Circuit · 1997
  3. Fratus v. DeLandCourt of Appeals for the Tenth Circuit · 1995
  4. Beck v. City of Muskogee Police DepartmentCourt of Appeals for the Tenth Circuit · 1999
  5. Herrera v. City of EspanolaCourt of Appeals for the Tenth Circuit · 2022

35 more not listed; retrieve them via the Exa API.

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