Please ensure Javascript is enabled for purposes of website accessibility

Civil Rights – Civil Practice – Statute of Limitations – General vs. Specific Statute

Civil Rights – Civil Practice – Statute of Limitations – General vs. Specific Statute

Listen to this article

In a case arising out of a school resource officer’s sexual relationship with the plaintiff-student, S.C. Code Ann. § 15-3-555 would have set the statute of limitations at six years after plaintiff turned 21. However, plaintiff brought her claim under 42 U.S.C. § 1983, and the limitation period for such a claim is borrowed from the state’s general or residual statute for personal injury actions. That statute – S.C. Code Ann. § 15-5-530(5) – sets a limitation period of three years.

We affirm the district court’s dismissal of plaintiff’s claims as time-barred.

Despite knowing the facts giving rise to her claims – including defendants’ failure to pursue their investigation of the relationship – plaintiff waited more than three years after she turned 18 to file this action. Plaintiff has failed to show fraudulent concealment by defendants.

Doe-2 v. Sheriff of Richland County (Lawyers Weekly No. 003-025-23, 24 pp.) (Giles, J.) No. 21-1771. Appealed from USDC at Columbia, S.C. (Cameron McGowan Currie, S.J.) Scott Christopher Evans, Kathleen Barnes and James Moore for appellant; Andrew Lindemann and Robert Garfield for appellees. United States Court of Appeals for the Fourth Circuit

Business Law

See all Business Law News

Commentary

See all Commentary

Polls

How Is My Site?

View Results

Loading ... Loading ...