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Case Law Update: Statute of Limitations in Personal Injury Lawsuits

Malone v. Corrections Corporation of America, No. 07-3640, (1/21/09) affirmed that the district court did not err in dismissing as untimely plaintiff-prisoner’s sec. 1983 action alleging that guards at private prison located in Oklahoma used excessive force since said action was filed after expiration of Oklahoma’s two-year limitations period for personal injury lawsuits. Ct. rejected plaintiff’s claim that Wisconsin’s 6-year limitations period applied even though lawsuit was filed in Wisconsin federal court, since under choice-of-laws doctrine employed by Wisconsin courts, Wisconsin applies limitations period of state in which alleged injury occurred. This case will have an impact on personal injury lawsuits.