Ohio

2-Year SOL Applies in Ohio Section 1983 Actions

By Cleveland Law Library

Is it finally resolved once and for all? According to the Ohio Supreme Court's decision in Nadra v. Mbah, Case No. 2008-Ohio-3918, Ohio's 2-year personal injury statute of limitations contained in O.R.C. 2305.10 applies to civil rights actions brought under 42 U.S.C. sec. 1983. This opinion agreed with the trial court but not the Franklin County Court of Appeals, which had held that the plaintiff's claims were not barred because they were subject to the 4-year residual personal injury statute of limitations contained in O.R.C. sec. 2305.09(D). Justice Pfeifer's dissent envisions a 'Kiss Me Kate'' like situation where the majority court was convinced to believe that the sky was not blue in disregarding that a 2, rather than a 4-year statute of limitations was applicable. The underlying case arose when a mother whose children were removed from her custody sued 2 employees from Franklin County Childrens Services who were involved in the removal and a child-abuse complaint.

Full post as published by Cleveland Law Library Weblog on August 13, 2008 (boomark / email).