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173573P.pdf 01/08/2019 Michael Spradling v. Clay Hastings
U.S. Court of Appeals Case No: 17-3573
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Smith, Author, with Melloy and Stras, Circuit Judges]
Civil case - Civil rights. This Section 1983 action arising out of the
shooting death of plaintiff's decedent was admittedly filed outside
Arkansas's three-year statute of limitations, and the action was not
tolled under the argument that defendants affirmatively acted to conceal
the cause of action; under Arkansas law, the limitations period can only
be tolled until such time as the plaintiff learns of the alleged fraud or
is placed on objective notice of the need to further investigate the
matter; here,in late 2008 or very early 2009, a witness to the shooting
informed plaintiff of inconsistencies in the police file and expressed her
belief that the victim had been murdered by police; this information gave
plaintiff objective notice of the need to investigate the circumstances
surrounding the shooting, and his November, 2012 suit was untimely.