Rodgers v. Corporation of Harpers Ferry

BROTHERTON, Justice:

This case is before the Court on the following certified question from the Circuit Court of Jefferson County:

Does the one-year statute of limitations — West Virginia Code § 55-2-12(c) — or the two-year statute of limitations — West Virginia Code § 55-2-12(b) — apply to Section 1983 actions arising out of events occurring in the State of West Virginia?

For the reasons set out below, we affirm the circuit court’s ruling that the two-year statute of limitations contained in W.Va. Code § 55-2-12(b) (1981) applies to actions filed pursuant to 42 U.S.C. § 1983.

Lewis Scott…