The Arkansas Supreme Court has overturned precedent, ruling that lawmakers can allow childhood sexual abuse survivors to file civil lawsuits even after the original filing deadline has expired.
In an opinion issued Thursday, Nov. 5, the court reversed a lower court’s decision dismissing a lawsuit against James Darrell Nesmith, who is accused of sexually abusing four individuals as children between 1995 and 2007.
Three plaintiffs allege Nesmith, who was a pediatrician, abused them during medical visits. A fourth alleges he abused him at his home and at a church camp.
The lawsuit was initially dismissed because the statute of limitations had expired. However, the Supreme Court ruled that Arkansas lawmakers have the authority to revive previously time-barred claims under the state’s Justice for Vulnerable Victims of Sex Abuse Act.
“And we now restore to the General Assembly its constitutional power to decide how long is too…
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