## How the limitation period applies

The controlling primary authority for section-1983-civil-rights-claims is **Ark. Code Ann. § 16-56-105**.

> **Ark. Code Ann. § 16-56-105.** Arkansas's three-year statute of limitations for personal-injury actions applies to the Humphreys' § 1983 claims. See Ketchum v. City of West Memphis, Ark. , 974 F.2d 81 , 82 (8th Cir. 1992) (Arkansas's 3-year personal-injury statute of limitations governs § 1983 actions brought in that state); see also Ark. Code Ann. § 16-56-105 . Thus, the Humphreys were required to file their lawsuit within three years of the date their claims accrued.

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## Sources

- [Ark. Code Ann. § 16-56-105](https://www.courtlistener.com/opinion/4504416/james-humphrey-v-eureka-gardens-public-facility/)

All sources are official primary law published by `www.courtlistener.com`.

**Corroboration method:** subagent_dual_fetch_corroboration.


Section 1983 claims let people sue for violations of federal constitutional and statutory rights carried out under color of state law. In Arkansas, the...

Statute of Limitations for Section 1983 Civil Rights Claims in Arkansas

The following actions shall be commenced within three (3) years after the cause of action accrues: (1) All actions founded upon any contract, obligation, or liability not under seal and not in writing, excepting such as are brought upon the judgment or decree of some court of record of the United States or of this or some other state;

(a) Actions to enforce written obligations, duties, or rights, except those to which § 4-4-111 is applicable, shall be commenced within five (5) years after the cause of action shall accrue. (b) However, partial payment or written acknowledgment of default shall toll this statute of limitations.

The following actions shall be commenced within three (3) years after the cause of action accrues:

The following actions shall be commenced within three (3) years after the cause of action accrues: (1) All actions founded upon any contract, obligation, or liability not under seal and not in writing, excepting such as are brought upon the judgment or decree of some court of record of the United States or of this or some other state; (2) All actions for arrearages of rent not reserved by some instrument in writing, under seal; (3) All actions founded on any contract or liability, expressed or implied; (4) All actions for trespass on lands; (5) All actions for libels; and

(a) Except as otherwise provided in this section, all actions for medical injury shall be commenced within two (2) years after the cause of action accrues. (b) The date of the accrual of the cause of action shall be the date of the wrongful act complained of and no other time. However, where the action is based upon the discovery of a foreign object in the body of the injured person which is not discovered and could not reasonably have been discovered within such two-year period, the action may be commenced within one (1) year from the date of discovery or the date the foreign object reasonably should have been discovered, whichever is earlier.

The following actions shall be commenced within three (3) years after the cause of action accrues: (1) All actions founded upon any contract, obligation, or liability not under seal and not in writing, excepting such as are brought upon the judgment or decree of some court of record of the United States or of this or some other state; (2) All actions for arrearages of rent not reserved by some instrument in writing, under seal; (3) All actions founded on any contract or liability, expressed or implied; (4) All actions for trespass on lands; (5) All actions for libels; and (6) All actions for taking or injuring any goods or chattels.

The following actions shall be commenced within one (1) year after the cause of action shall accrue and not thereafter: (1) All special actions on the case; (2) Actions for: (A) Assault and battery; and (B) False imprisonment; (3) All actions for words spoken slandering the character of another; (4) All actions for words spoken whereby special damages are sustained; and (5) All actions for damages suffered by a consumer as a result of any act or omission of a home inspector relating to a home inspection report.

Every action authorized by this section shall be commenced within three (3) years after the death of the person alleged to have been wrongfully killed, except the action may be commenced against a person in the time period permitted to bring a murder charge under § 5-1-109(a) if the person was convicted of one (1) of the following offenses: (A) Capital murder, § 5-10-101; (B) Murder in the first degree, § 5-10-102; or (C) Murder in the second degree, § 5-10-103.

The following actions shall be commenced within one (1) year after the cause of action shall accrue and not thereafter: All special actions on the case; Actions for: Assault and battery; and False imprisonment; All actions for words spoken slandering the character of another; All actions for words spoken whereby special damages are sustained; and All actions for damages suffered by a consumer as a result of any act or omission of a home inspector relating to a home inspection report.

Actions to enforce written obligations, duties, or rights, except those to which § 4-4-111 is applicable, shall be commenced within five (5) years after the cause of action shall accrue.

Pursuant to. Arkansas Code Annotated section 5-l-109(b)(3)(A), prosecution of a misdemeanor offense must be commenced within one year of the commission of the offense.

The following actions shall be commenced within three (3) years after the cause of action accrues: (1) All actions founded upon any contract, obligation, or liability not under seal and not in writing, excepting such as are brought upon the judgment or decree of some court of record of the United States or of this or some other state; (2) All actions for arrearages of rent not reserved by some instrument in writing, under seal; (3) All actions founded on any contract or liability, expressed or implied;

Except as otherwise provided in this section, all actions for medical injury shall be commenced within two (2) years after the cause of action accrues.

5-1-109. Statute of limitations. A prosecution for the following offenses may be commenced at any time: Capital murder, § 5-10-101; Murder in the first degree, § 5-10-102;

All product liability actions shall be commenced within three (3) years after the date on which the death, injury, or damage complained of occurs.

Arkansas's three-year statute of limitations for personal-injury actions applies to the Humphreys' § 1983 claims. See Ketchum v. City of West Memphis, Ark. , 974 F.2d 81 , 82 (8th Cir. 1992) (Arkansas's 3-year personal-injury statute of limitations governs § 1983 actions brought in that state); see also Ark. Code Ann. § 16-56-105 . Thus, the Humphreys were required to file their lawsuit within three years of the date their claims accrued.

The following actions shall be commenced within one (1) year after the cause of action shall accrue and not thereafter:

An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it.

Every action authorized by this section shall be commenced within three (3) years after the death of the person alleged to have been wrongfully killed

Fraudulent concealment suspends the running of the statute of limitations, and the suspension remains in effect until the party having the cause of action discovers the fraud or should have discovered it by the exercise of due diligence.

Under Ark. Code Ann. § 5-1-109(a)(1), 'A prosecution for the following offenses may be commenced at any time,' and subsection (a)(1)(B) explicitly lists 'Murder in the first degree, § 5-10-102.' Arkansas imposes no statute of limitations on first-degree murder prosecutions. Note: subsection (b)(1)(A) provides a 6-year default period for 'Class Y felony or Class A felony' — but § 5-10-102 first-degree murder (a Class Y felony) is carved out entirely from that period by the express enumeration in 

In Arkansas, prosecution of any misdemeanor offense — including Class C (petty) misdemeanors — must be commenced within one year of the commission of the offense under Ark. Code Ann. § 5-1-109(b)(3)(A). The one-year period is confirmed by the Arkansas Supreme Court in State v. Ledwell (2017) and McGrew v. State (1999).

Arkansas's SOL for personal injury is 3 years under Ark. Code Ann. § 16-56-105.

Arkansas's SOL for wrongful death is 3 years under Ark. Code Ann. § 16-62-102.

Arkansas's SOL for medical malpractice is 2 years under Ark. Code Ann. § 16-114-203.

Arkansas's SOL for legal malpractice is 3 years under Ark. Code Ann. § 16-56-105.

Arkansas's SOL for product liability is 3 years under Ark. Code Ann. § 16-116-203.

Arkansas's SOL for premises liability is 3 years under Ark. Code Ann. § 16-56-105.

Arkansas's SOL for breach of a written contract is 5 years under Ark. Code Ann. § 16-56-111.

Arkansas's SOL for breach of an oral contract is 3 years under Ark. Code Ann. § 16-56-105.

Arkansas's SOL for a UCC contract for sale of goods is 4 years under Ark. Code Ann. § 4-2-725.

Arkansas's SOL for fraud is 3 years under Ark. Code Ann. § 16-56-105.

Arkansas's SOL for libel is 3 years under Ark. Code Ann. § 16-56-105.

Arkansas's SOL for slander is 1 year under Ark. Code Ann. § 16-56-104.

Arkansas's SOL for property damage is 3 years under Ark. Code Ann. § 16-56-105.

Arkansas's SOL for trespass is 3 years under Ark. Code Ann. § 16-56-105.

A claim for intentional or negligent infliction of emotional distress in Arkansas is an action founded on liability expressed or implied and must be commenced within three years under Ark. Code Ann. § 16-56-105(3).

Arkansas Code § 16-56-116(a) tolls the statute of limitations for plaintiffs under twenty-one (21) years of age or insane at the time the cause of action accrues; the period runs three years from disability removal. Two-channel verification: (1) Shelton v. Fiser, 340 Ark. 89, 8 S.W.3d 557 (Ark. 2000) — AR Supreme Court quotes § 16-56-116(a) text; (2) Miller v. Subiaco Academy, No. 05-2025 (W.D. Ark. 2005) — W.D. Ark. quotes § 16-56-116 subsections (a)-(c) verbatim including post-1999 amendment removing 'imprisoned beyond the limits of the state.'

Arkansas Code § 16-56-120 tolls the statute of limitations when a defendant leaves the county, absconds, or conceals himself, or takes any other improper act preventing commencement of an action. Two-channel verification: (1) Miller v. Subiaco Academy, No. 05-2025 (W.D. Ark. 2005) — quotes § 16-56-120 verbatim; (2) _ano_710_research.tolling_rules_provenance (2026-04-29) — independently cites Ark. Code Ann. §§ 16-56-116, 16-56-120 as the tolling citations.

Arkansas Code § 16-56-120 tolls the statute of limitations when a defendant conceals himself or takes any other improper act preventing commencement. Common law fraudulent concealment doctrine (separate from § 16-56-120) confirmed in Shelton v. Fiser, 340 Ark. 89, 96, 8 S.W.3d 557, 561 (Ark. 2000): 'Fraudulent concealment suspends the running of the statute of limitations, and the suspension remains in effect until the party having the cause of action discovers the fraud or should have discovered it by the exercise of due diligence.' Reaffirmed Nichols v. Swindoll, 2023 Ark. 97.

Arkansas's discovery rule is common law: a cause of action is tolled until the plaintiff discovers or reasonably should discover the fraud/wrong. Two-channel verification: (1) Shelton v. Fiser, 340 Ark. 89, 96, 8 S.W.3d 557, 561 (Ark. 2000) — AR Supreme Court establishes the standard; (2) Nichols v. Swindoll, 2023 Ark. 97 — AR Supreme Court reaffirms: 'Fraudulent concealment suspends the running of the statute of limitations, and the suspension remains in effect until the party having the cause of action discovers the fraud or should have discovered it by the exercise of due diligence' (citing Shelton v. Fiser).

(a) If any person entitled to bring any action under any law of this state is under twenty-one (21) years of age or insane at the time of the accrual of the cause of action, that person may bring the action within three (3) years next after attaining full age, or within three (3) years next after the disability is removed. (b) No person shall avail himself or herself of any disability unless the disability existed at the time the right of action accrued. (c) When two (2) or more disabilities are existing at the time the right of action or entry accrued, the limitation prescribed shall not attach until all the disabilities are removed.

A.C.A. § 16-56-120 provides: If any person, by leaving the county, absconding, or concealing himself, or by any other improper act of his own, prevents the commencement of any action specified in this act, the action may be commenced within the times respectively limited after the commencement of the action shall have ceased to be so prevented.

(a) If any person entitled to bring any action under any law of this state is, at the time of the accrual of the cause of action, under twenty-one (21) years of age, or insane, that person may bring the action within three (3) years next after attaining full age, or within three (3) years next after the disability is removed.
(b) No person shall avail himself of any disability unless the disability existed at the time the right of action accrued.
(c) When two (2) or more disabilities are existing at the time the right of action or entry accrued, the limitation prescribed shall not attach until all the disabilities are removed.

How the limitation period applies

Arkansas — Statute of Limitations

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