Lafferty v. Nickel

THOMAS, Justice,

specially concurring.

I concur in the result of this case as announced in the majority opinion. I would prefer, however, that the court espouse for such instances a tolling rule with respect to the statute of limitations because it seems to me that there is a likelihood of situations arising in which the accused person would be foreclosed by the doctrines of res judica-ta and collateral estoppel from pursuing his civil action by virtue of a criminal conviction which ultimately might be set aside. If that reversal occurred after the statute of limitations for his civil action…