H.C., L.S., R.T., and T.K. v. James Darrell Nesmith
CourtSupreme Court of Arkansas
Date FiledNovember 5, 2026
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Cite as 2026 Ark. 177
SUPREME COURT OF ARKANSAS
No. CV-23-328
Opinion Delivered: November 5, 2026
H.C., L.S., R.T., AND T.K.
APPELLANTS APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT [NO.
60CV-22-4435]
V.
JAMES DARRELL NESMITH
APPELLEE HONORABLE TIMOTHY DAVIS
FOX, JUDGE
REVERSED AND REMANDED;
COURT OF APPEALS OPINION
VACATED.
NICHOLAS J. BRONNI, Associate Justice
This case presents a particularly important question: Can the General Assembly
extend the statute of limitations in cases where it has already run and afford child-sex-abuse
victims an opportunity to hold their abusers accountable? Citing this court’s vested-rights
precedent, Defendant James Nesmith argues that it cannot. That precedent categorically
bars “expand[ing] a limitation period so as to revive a claim already barred.” Hall v. Summit
Contractors, Inc., 356 Ark. 609, 613–14, 158 S.W.3d 185, 188 (2004). Recognizing that,
Plaintiffs—four individuals who allege Nesmith sexually abused them as children and failed
to bring those claims within the generally applicable limitations period—urge us to
reexamine that precedent and uphold the Justice for Vulnerable Victims of Sex Abuse Act.
See Ark. Code Ann. § 16-118-118(b) (Supp. 2025). That act revived and extended the
statute of limitations for claims brought by minors for sexual abuse, and if valid, that act
would revive Plaintiffs’ claims.
The circuit court sided with Nesmith and dismissed the complaint. The court of
appeals affirmed. We granted Plaintiffs’ petition for review and now reverse the circuit
court’s order. Revisiting our vested-rights precedent, we conclude that it lacks any
constitutional basis and, as such, cannot stand. We therefore overrule our prior cases
prohibiting the legislature from expanding a limitations period and thereby reviving time-
barred claims; uphold the Vulnerable Victims of Sex Abuse Act against Nesmith’s
constitutional challenge; reverse the circuit court’s decision dismissing this case on statute of
limitations grounds; and remand this matter for further proceedings.
Facts and Procedural Background
Plaintiffs are four individuals who allege that Defendant James Nesmith sexually
abused them while they were children. They claim that Nesmith abused them multiple
times between 1995 and 2007. Three plaintiffs allege that Nesmith, then a pediatric doctor,
abused them during medical visits. The fourth plaintiff alleges that Nesmith molested him
multiple times at his home and at a church camp, where Nesmith served as a counselor.
Plaintiffs’ complaint seeks to recover damages for sexual assault, sexual battery, and the
infliction of extreme emotional distress. Plaintiffs argue they are entitled to those damages
under tort law and Ark. Code Ann. § 16-118-107 (Repl. 2016), which affords crime victims
a cause of action.
The parties agree that Plaintiffs did not bring those claims within the generally
applicable limitations periods. See Ark. Code Ann. §§ 16-56-105 (Repl. 2005) (establishing
2
a three-year limitations period for tort actions); 16-56-116 (Repl. 2005) (permitting minors
to bring actions within three years after turning twenty-one).1 Plaintiffs, however, argue
the Justice for Vulnerable Victims of Sex Abuse Act revived those claims. As relevant here,
that Act allows child sex-abuse victims to bring otherwise time-barred “civil action[s]”
against their abusers within a narrow time window. Ark. Code Ann. § 16-118-118(b)(2).
Plaintiffs undisputedly filed their complaint within that window.2
Nesmith moved for summary judgment. He argued that under this court’s vested-
rights precedent, the General Assembly lacked the authority to revive already time-barred
claims and that, as a result, the Justice for Vulnerable Victims of Sex Abuse Act was invalid.
And absent that act, he argued, Plaintiffs’ claims are undisputedly time-barred, entitling him
to judgment as a matter of law. The circuit court agreed, granted Nesmith’s summary-
judgment motion, and dismissed Plaintiffs’ complaint on statute-of-limitations grounds.
The court of appeals affirmed. H.C. v. Nesmith, 2025 Ark. App. 59, at 4–10, 705
S.W.3d 880, 884–86. In so doing, that court acknowledged the abhorrent nature of
Nesmith’s alleged conduct but found that it was powerless to reach a different result,
considering “supreme court precedent prohibiting legislative attempts to revive expired
1
Nesmith argued below that Plaintiffs’ claims were also barred by the Arkansas
Medical Malpractice Act, which sets a different limitations period for injuries related to the
provision of “professional services.” McQuay v. Guntharp, 336 Ark. 534, 540, 986 S.W.2d
850, 852–53 (1999); Ark. Code Ann. § 16-114-201(3). Plaintiffs’ sexual-assault claims are
not that, and that provision does not apply.
2
The General Assembly has modified the period for bringing those claims, but those
amendments are not material here because everyone agrees Plaintiffs filed their complaint
within the window established by the version of the statute in effect at the time. See Act
117 of 2023.
3
statutes of limitation[s].” Id. at 10, 705 S.W.3d at 886. We granted Plaintiffs’ petition for
review and now revisit that precedent.
Discussion
Plaintiffs ask us to reverse the circuit court’s order granting summary judgment.
They argue that the Justice for Vulnerable Victims of Sex Abuse Act is a lawful exercise of
the General Assembly’s power and that it revived their otherwise time-barred claims. “We
review circuit court orders granting summary judgment de novo, viewing the evidence in
the light most favorable to the [nonmoving party].” Gates v. Hudson, 2025 Ark. 48, at 6,
711 S.W.3d 142, 146 (internal quotation marks omitted).
Having conducted that review, we reverse the circuit court’s order granting
Nesmith’s motion for summary judgment and dismissing the complaint on statute-of-
limitations grounds. Accepting Plaintiffs’ invitation to reexamine our vested-rights
precedent, we find no constitutional basis for that precedent.3 Far from it, that precedent
rests entirely on ungrounded judicial assertions and a deeply flawed understanding of the
role of statutes of limitations. As such, we decline to reaffirm our vested-rights precedent,
and we overrule the categorical prohibition against reviving barred claims.
A. Start with first principles. Our constitution divides power between the legislative,
executive, and judicial departments, and it gives each a distinct role. Ark. Const. art. 4, §
1. Most importantly here, it vests the legislative department—in the form of the General
Assembly—with the power to resolve public policy questions and ultimately “proclaim the
3
Plaintiffs did not timely respond to the motion for summary judgment. But they
were nevertheless permitted to file a response, and thus, the response was considered by the
circuit court. Those arguments are part of the record on appeal.
4
law through statutory enactments.” McCarty v. Ark. State Plant Bd., 2021 Ark. 105, at 3,
622 S.W.3d 162, 164; see also Ark. Const. art. 5, § 1 (The legislative power of the people
of this State shall be vested in a General Assembly.”). That power is broad, “subject only
to the limitations and restrictions” contained in the federal Constitution and other state
constitutional provisions. Gipson v. Ingram, 215 Ark. 812, 817 n.5, 223 S.W.2d 595, 598
n.5 (1949). And our constitution vests the Governor with “supreme executive power” and
responsibility for ensuring the General Assembly’s enactments are faithfully executed. Ark.
Const. art. 6, § 2.
By contrast, the judiciary’s role is narrow. We do not legislate, resolve public policy
disputes, execute the laws, or pass on the wisdom of legislation; we “interpret legislative
enactments” and enforce the federal and state constitutions. McCarty, 2021 Ark. 105, at 3,
622 S.W.3d at 164. Even then, our power to strike down legislation is highly circumscribed,
limited strictly to cases in which “there is a clear incompatibility between the act and the
constitution” and there is no possible constitutional interpretation of an act. City of Cave
Springs v. City of Rogers, 343 Ark. 652, 659, 37 S.W.3d 607, 611 (2001); accord Jeffery v.
Trevathan, 215 Ark. 311, 320, 220 S.W.2d 412, 417 (1949). Thus, when faced with a
constitutional challenge to duly enacted legislation, as in this case, we “strong[ly] presum[e]”
the legislature has acted within its constitutional authority, and absent clear evidence to the
contrary, we must uphold the act. Ark. Dep’t of Corr. v. Bailey, 368 Ark. 518, 523, 247
S.W.3d 851, 855 (2007).
B. With that backdrop in mind, we turn to our vested-rights precedent. Under that
precedent, “the legislature cannot expand a statute of limitation so as to revive a cause of
5
action already barred.” Johnson v. Lilly, 308 Ark. 201, 203, 823 S.W.2d 883, 885 (1992);
accord Chunn v. D’Agostino, 312 Ark. 141, 145, 847 S.W.2d 699, 701 (1993); Wasson v. State
ex rel. Jackson, 187 Ark. 537, 538, 60 S.W.2d 1020, 1021 (1933). That doctrine rests on the
assumption that when a civil statute of limitations runs, a tortfeasor has a vested right to the
property that could have been the subject of a potential claim. See id. at 1020–21; see also
Johnson, 308 Ark. at 203, 823 S.W.2d at 885. In fact, our case law suggests that interest is
so powerful that not even a change in the constitution—affirmatively giving the legislature
the power to revive stale claims—could override it. See Wasson, 187 Ark. 537, 60 S.W.2d
at 1020–21 (“[A]fter a cause of action has become barred by the statute of limitations, the
defendant has a vested right to rely on that statute as a defense, and neither a constitutional
convention nor the Legislature has power to divest that right and revive the cause of action.”
(internal quotation marks omitted)); Johnson, 308 Ark. at 203, 823 S.W.2d at 885 (same).
Predictably, given that atextual framing, our cases do not cite any constitutional basis
for that doctrine. Far from it, when we first employed that principle to strike down
legislation in 1933, we instead relied on a single legal encyclopedia published in 1915
assuring us that—at that sole moment in time—most jurisdictions held that legislatures could
not revive a claim after a statute-of-limitations defense had run. Wasson, 187 Ark. at 538,
60 S.W.2d at 1020–21. Or, perhaps more generously, we relied on that legal encyclopedia
plus an unreasoned extension of this court’s prior case law suggesting that to retroactively
alter an applicable statute of limitations, the legislature needed to speak clearly and show it
had considered the consequences. See id. at 1021 (declaring the 1915 encyclopedia’s framing
was consistent with “[t]he rule announced . . . by this court in Rhodes v. Cannon, 112 Ark.
6
6, 164 S. W. 752”); see also Trapnall v. Burton, 24 Ark. 371, 385 (1866) (“[W]hen a new
statute of limitations is enacted, it will be taken to be prospective in its operation, and to
apply, not to causes of action which had accrued at its passage, but to those accruing
thereafter, in the absence of language in the statute compelling a contrary construction.”);
Rhodes v. Cannon, 112 Ark. 6, 14, 164 S.W. 752, 754 (1914) (“[W]e assume that the
Legislature had in mind this rule of construction.”).
That approach, unbound by actual text or constitutional history, is not consistent
with our constitutional role. On the contrary, as discussed above, our constitutional role is
limited to interpreting enactments and enforcing constitutional provisions. See Taylor v.
Ferguson, 2025 Ark. 180, at 10, 722 S.W.3d 498, 504. It does not include constructing
atextual limitations on the legislature’s power—let alone ones so robust that not even a
“constitutional convention” can override it. See Wasson, 187 Ark. at 538, 60 S.W.2d at
1021. As such, our prior conviction that something should be the law is not a basis for
striking down legislation, and it was not a basis for the circuit court to do so here.
To be sure, some later cases—perhaps recognizing that our earlier cases do not cite
any constitutional language supporting our vested-rights precedent—suggest that precedent
rests on due-process principles. See Dep’t of Hum. Servs. Div. of Econ. & Med. Servs. v.
Walters, 315 Ark. 204, 210, 866 S.W.2d 823, 825 (1993) (“We have indicated that it would
violate due process to disturb vested rights or contractual rights.”); Forrest City Machine
Works, Inc. v. Aderhold, 273 Ark. 33, 40, 616 S.W.2d 720, 724 (1981). Our dissenting
colleague employs the same approach. See post at __ (Womack, J., dissenting). But slapping
a constitutional label on a century-old doctrine does not replace principled constitutional
7
analysis. Cf. Johnson, 308 Ark. at 203, 823 S.W.2d at 885 (still relying on the 1915
publication and an unreasoned citation to Rhodes to support vested-rights doctrine). Still,
even if it did, that label does not work because the expiration of a statute-of-limitations
period does not confer a property right—or any other right for that matter.
As the Supreme Court has explained in rejecting similar arguments under the federal
due process clause, a statute-of-limitations period merely governs the time within which a
claim must be brought, see Chase Sec. Corp. v. Donaldson, 325 U.S. 304, 314 (1945); it does
not reflect a legislative judgment “that [a] defendant should ‘be free from liability after the
legislatively determined period of time.’” CTS Corp. v. Waldburger, 573 U.S. 1, 9 (2014)
(citing C.J.S. § 7, at 24 and comparing statutes of limitations and statutes of repose). Instead,
these limitations “are by definition arbitrary” and rest entirely on legislative judgments about
how best to encourage plaintiffs to diligently pursue claims and avoid litigation “after
memories have faded, witnesses have died or disappeared, and evidence has been lost.”
Chase, 325 U.S. at 314; accord CTS Corp., 573 U.S. at 8. As such, they “represent a public
policy [choice] about” how to balance those interests and exist only by “legislative grace.”
Chase, 325 U.S. at 314, 316. Altering that period and establishing a different, equally
“arbitrary” date does not—contrary to our prior case law’s unfounded assertion—deprive a
defendant of any vested property right. Id. Rather, balancing competing interests and
“resolv[ing] the debate” about when a claim should be time-barred is precisely the kind of
thing that our constitution leaves “to the legislature.” Standridge v. Fort Smith Pub. Schs.,
2025 Ark. 42, at 11, 708 S.W.3d 773, 781.
8
We therefore hold that the court’s vested-rights precedent has no basis in law, and
we overrule our prior cases categorically barring the legislature from expanding the
limitations period and thereby reviving claims. Indeed, as we recently reaffirmed, “we are
bound by constitutional text,” not precedent that “treats our constitution not as a written
document but as a set of civic values and norms determined by judges.” State v. Minor Child,
2026 Ark. 66, at 7 (internal quotation marks omitted); accord Gamble v. State, 2026 Ark. 44,
at 11, 729 S.W.3d 661, 667; State v. Good Day Farm Ark., LLC, 2025 Ark. 207, at 12, 725
S.W.3d 1, 8. And we now restore to the General Assembly its constitutional power to
decide how long is too long to bring a claim.
C. Absent our vested-rights precedent, this is an easy case. The General Assembly
has the authority to set statutes of limitations, and it did so here when it passed the Justice
for Vulnerable Victims of Sex Abuse Act and established a new window for bringing child-
sex-abuse claims. No one disputes that Plaintiffs brought their claims within the window
set by the General Assembly, and as such, the circuit court erred as a matter of law in
dismissing those claims on statute-of-limitations grounds. We reverse the circuit court’s
order dismissing Plaintiffs’ complaint on statute-of-limitations grounds.
Conclusion
Nothing in our constitution supports the court’s prior cases finding a vested right in
a statute of limitations defense. Those cases rest entirely on ungrounded judicial
pronouncements and a fundamental misunderstanding of the role of statutes of limitations.
We decline to reaffirm that precedent. Instead, revisiting that precedent and returning to
constitutional text, we overrule it and restore to the people’s elected representatives a power
9
this court should never have taken from them. Having done so, we reject Nesmith’s
challenge to the Justice for Vulnerable Victims of Sex Abuse Act, reverse the circuit court’s
decision dismissing Plaintiffs’ complaint on statute-of-limitations grounds, and remand for
further proceedings.
Reversed and remanded; court of appeals opinion vacated.
Special Justice CORY COX joins.
HUDSON, J., concurs.
BAKER, C.J., and WOMACK, J., dissent.
WEBB, J., not participating.
COURTNEY RAE HUDSON, Justice, concurring. I agree with the majority’s
decision to reverse and remand this case for further proceedings. I begin with the
fundamental principle that, as a general rule, we are bound to follow prior case law under
the doctrine of stare decisis, a policy designed to lend predictability and stability to the law.
Ward v. State, 2015 Ark. 62, at 5, 455 S.W.3d 830, 833. This court has consistently
recognized a strong presumption regarding the validity of prior decisions, and it is necessary
as a matter of public policy to uphold previous decisions unless great injury or injustice
would result. Columbia Ins. Grp., Inc. v. Cenark Project Mgmt. Servs., Inc., 2016 Ark. 185, at
11, 491 S.W.3d 135, 142. In other words, we do not lightly overrule our previous cases;
precedent governs until it gives a result so patently wrong, so manifestly unjust, that a break
becomes unavoidable. See McCullon v. State, 2023 Ark. 190, at 24, 679 S.W.3d 358, 377.
10
Recognizing the vital importance of stare decisis, I nonetheless conclude that this is
an exceptional case that warrants breaking with our precedent. Before the General Assembly
enacted the Justice for Vulnerable Victims of Sexual Abuse Act, Act 1036 of 2021, codified
at Arkansas Code Annotated section 16-118-118 (Supp. 2025), victims of sexual abuse who
were under age twenty-one generally had until three years after attaining full age to file suit.
Ark. Code Ann. § 16-56-116 (Repl. 2005). But see Ark. Code Ann. § 16-56-130 (Repl.
2005) (tolling limitations period to allow suit within three years from the time of discovery
of the sexual abuse by the injured party). Yet childhood sexual abuse presents a unique
problem in that—by its very nature—it often prevents victims from bringing timely claims.
This consideration leads me to conclude that great injury and injustice will result if we
continue to follow our vested-rights precedent in this case.
Here, the plaintiffs allege that, as both a pediatrician and a church youth leader,
Nesmith used his positions of power and trust to sexually abuse them. In the allegations
involving Nesmith’s medical practice, he allegedly committed the assaults under the guise
of legitimate medical examinations. Nonetheless, investigators chose not to believe the only
plaintiff to report the abuse at the time it occurred. While Nesmith is certainly entitled to a
fair trial on these allegations, the circumstances described in the complaint underscore the
inherent power imbalances and special considerations surrounding childhood sexual abuse.
In recent years, research has revealed the prevalence of childhood sexual abuse and
some of the reasons for delayed reporting. For example, we now know that at least one in
four girls and one in twenty boys in the United States experience child sexual abuse. See
U.S. Centers for Disease Control, Child Abuse and Neglect Prevention,
11
https://www.cdc.gov/child-abuse-neglect/about/about-child-sexual-abuse.html (last
visited November 4, 2026) (citations omitted). Even still, childhood sexual abuse is vastly
underreported, and when it is reported, often years or decades have passed. Victims may be
reluctant to come forward due to the negative repercussions of disclosure, such as disruptions
in family stability, loss of close relationships, or involvement with the authorities; fear of not
being believed; and psychological obstacles such as shame and self-blame.1
I join the majority’s holding that no categorical bar prevents the General Assembly
from expanding the limitations period and thereby reviving claims. I respectfully concur.
KAREN R. BAKER, Chief Justice, dissenting. I must dissent from the majority’s
decision to reverse and remand. Instead, I would affirm the circuit court’s summary-
judgment order because I disagree with the majority’s decision to upend 180 years of this
court’s precedent prohibiting legislative attempts to revive expired statutes of limitation. See
Couch v. Mckee, 6 Ark. 484 (1846); Rhodes v. Cannon, 112 Ark. 6, 164 S.W. 752 (1914);
Wasson v. State ex rel. Jackson, 187 Ark. 537, 60 S.W.2d 1020 (1933); Johnson v. Lilly, 308
Ark. 201, 823 S.W.2d 883 (1992); Chunn v. D’Agostino, 312 Ark. 141, 847 S.W.2d 699
(1993); Hall v. Summit Contractors, Inc., 356 Ark. 609, 616, 158 S.W.3d 185, 189 (2004).
In Rhodes, we confirmed that Couch stood for the proposition that “one could have
a vested right in the defense of the statute of limitations of which one could not be deprived
by subsequent legislation.” Rhodes, 112 Ark. at 14, 164 S.W. at 754.
1
The amicus curiae brief of Child USA contains numerous citations to relevant
journal articles and studies on these topics.
12
Then in Wasson, we stated that
[i]n most jurisdictions it is held that, after a cause of action has become barred by the
statute of limitations, the defendant has a vested right to rely on that statute as a
defense, and neither a constitutional convention nor the Legislature has power to
divest that right and revive the cause of action.
187 Ark. at 538, 60 S.W.2d at 1020–21.
In my view, applying our vested-rights precedent to the present case, our General
Assembly did not have the authority to include a revival window in the Justice for
Vulnerable Victims of Sex Abuse Act. Stated differently, the legislature lacked the power to
revive the expired statute of limitations applicable to Nesmith, and therefore, the claims
against Nesmith were time-barred. Because I disagree with the majority’s decision to
overrule our longstanding precedent, I must respectfully dissent.
SHAWN A. WOMACK, Justice, dissenting. The majority departs from nearly two
centuries of our vested-rights jurisprudence and, in doing so, permits the termination of
what Arkansas law has long treated as a vested property right: to rely on an accrued statute-
of-limitations defense. 1 Our precedent could not be clearer.2 Once a limitations period
1
See Couch v. McKee, 6 Ark. 484, 495–96 (1846) (“The proposition that the legislature
has the power to take the property of one man and transfer it to another is at once monstrous
and absurd. And what is the difference between that proposition and the one that the
legislature has the power to deprive a man of a legal defence against a demand set up against
him? In the first case the action would be direct and fully understood; in the second, it
would be indirect, taking the property of the defendant under the form of a judicial sentence
by depriving him of a valid defence against a demand invalid in law.”).
2
Johnson v. Lilly, 308 Ark. 201, 203–04, 823 S.W.2d 883, 885 (1992) (“[A]fter a cause
of action has become barred by the statute of limitations, the defendant has a vested right to
rely on that statute as a defense, and neither a constitutional convention nor the Legislature
13
expires, the defendant’s bar is not a mere procedural convenience; it ripens into a substantive
right that the legislature may not retroactively take away.3
I fully understand and appreciate that, given the subject matter of this case, we are
tasked with a difficult decision. The allegations here are deeply disturbing, and no one
minimizes either the seriousness of child sexual abuse or the immense difficulty victims often
face in reporting it. The policy considerations underlying the Justice for Vulnerable Victims
of Sex Abuse Act are therefore powerful and compelling. But difficult facts do not relieve
this court of its constitutional role. Our duty is not to decide whether the legislature acted
wisely or compassionately; it is to decide whether it acted within constitutional bounds.
Constitutional limits often matter most when the equities point strongly in the other
direction. And this court has consistently held for nearly two centuries that once a statute
of limitations has expired, the resulting defense becomes a vested right that cannot be
retroactively extinguished by later legislation.
Indeed, in 1846 this court in Couch v. McKee treated the completed bar as a property
interest that cannot be removed by later legislation.4 When the statute has run, the
defendant’s right to be free from the claim becomes part of his or her protected legal estate,
an interest the State cannot simply reassign by retroactive enactment. Our later cases have
has power to divest that right and revive the cause of action.” (quoting Wasson v. State ex
rel. Jackson, 187 Ark. 537, 538, 60 S.W.2d 1020, 1020–21 (1933))).
3
See, e.g., Chunn v. D’Agostino, 312 Ark. 141, 143, 847 S.W.2d 699, 700–01 (1993)
(litigant “could not have the benefit of the new statute of limitations with respect to a claim
for . . . arrearages which were already barred when the new statute of limitations came into
effect”); see also Hall v. Summit Contractors, Inc., 356 Ark. 609, 614, 158 S.W.3d 185, 188
(2004).
4
Couch, 6 Ark. at 495–96.
14
repeatedly applied that same rule, holding that revival statutes cannot constitutionally divest
a defendant of a vested limitations defense.5
Nor, contrary to the majority’s assertion, is our vested-rights jurisprudence
untethered from constitutional text. The Arkansas Constitution reflects a longstanding
hostility toward retroactive laws impairing settled rights. See Ark. Const. art. 2, § 17
(prohibiting ex post facto laws and laws impairing contractual obligations); id. § 21
(protecting due process). Consistent with those principles, this court has repeatedly
recognized that retroactive legislation may not constitutionally disturb vested substantive
rights.6 As recently as 2023, this court reaffirmed that even when legislation expressly applies
retroactively, courts “must still ensure that applying the statute will not impair or disturb a
contractual or vested right.”7
That rule is not a mere formalism. Statutes of limitation serve an important public
function. They encourage the prompt filing of claims so that the truth-finding process is
not impaired by faded memories, lost documents, unavailable records, and deceased
witnesses.8 Those concerns are not hypothetical. The amicus brief filed in this case
5
Johnson, 308 Ark. at 203–04, 823 S.W.2d at 885; Chunn, 312 Ark. at 142–43, 847
S.W.2d at 700–01.
6
See Dep’t of Hum. Servs. Div. of Econ. & Med. Servs. v. Walters, 315 Ark. 204, 210,
866 S.W.2d 823, 825 (1993) (“We have indicated that it would violate due process to
disturb vested rights or contractual rights.”); Forrest City Mach. Works, Inc. v. Aderhold, 273
Ark. 33, 40, 616 S.W.2d 720, 724 (1981) (“[T]he due process clauses are frequently held to
prevent retroactive property belonging to one and giving it to another[.]”).
7
Alpe v. Fed. Nat’l Mortg. Ass’n, 2023 Ark. 58, at 4, 662 S.W.3d 650, 653.
8
See McEntire v. Malloy, 288 Ark. 582, 586, 707 S.W.2d 773, 776 (1986) (“The
purpose of a statute of limitations is to encourage the prompt filing of claims by allowing
15
illustrates the serious prejudice that can result when claims are revived decades after the fact.
Ms. Shirley Suhl, an eighty-seven-year-old retired widow, represents that she is defending
claims in federal court arising from alleged events at a facility that ceased operating around
2006 and from conduct dating back nearly forty years. She is not alleged to have personally
committed sexual abuse; rather, she is alleged to have known of or been complicit in abuse
by others. According to her brief, relevant facility records no longer exist, potential
witnesses are elderly or deceased, and one named former employee accused of abuse is now
in his nineties. Whether those allegations ultimately have merit is not before us. The point
is more basic: the passage of decades can make a fair defense difficult, sometimes impossible.
This is precisely why Arkansas law has treated an accrued limitations defense as
vested. Once the limitations period has run, the defendant is entitled to repose, not because
the underlying allegations are unimportant but because the law recognizes that, at some
point, the defense of stale claims becomes too impaired to permit reliable adjudication. The
majority treats the limitations bar as a revocable act of legislative grace. Our cases have
treated it differently. They have recognized that once the bar attaches, it becomes a
substantive right to resist enforcement of the claim. That rule does not deny the gravity of
child sexual abuse. It enforces the constitutional limit on retroactive legislation that destroys
vested rights.
In this instance, stare decisis carries particular force. The rule the majority abandons
today is not isolated or recently decided precedent. It can be traced back to this court’s
no more than a reasonable time within which to make a claim so a defendant is protected
from having to defend an action in which the truth-finding process would be impaired by
the passage of time.” (citing Zeleznick v. United States, 770 F.2d 20 (3d Cir. 1985))).
16
earliest jurisprudence and has been reaffirmed across generations of cases.9 Litigants, lawyers,
and the General Assembly have long operated against that settled backdrop. 10 Yet today,
the majority discards nearly two centuries of precedent. Stability in the law matters,
especially when the court alters longstanding rules governing substantive rights and
retroactive legislation.11
For the reasons stated herein, I would adhere to our longstanding vested-rights
precedent and affirm the circuit court’s order granting Nesmith summary judgment and
dismissing the case on statute-of-limitations grounds.
I respectfully dissent.
9
See supra n.1.
10
Indeed, stare decisis carries particular force where legislatures and litigants have long
ordered their affairs around settled legal rules.
11
While many judges and justices pledge full allegiance to the doctrine of stare decisis,
even to the point of perpetuating clear errors of constitutional interpretation, I am not one
of them. And while it is an important piece of our judicial system, I have frequently noted
that “[t]his court “should not invoke stare decisis to uphold precedents that are demonstrably
erroneous.” Kimbrough v. Grieve, 2024 Ark. 34, at 21, 685 S.W.3d 225, 237 (Womack, J.,
dissenting) (internal citations omitted). Here, however, our two centuries of case law on
the subject are rooted in the Arkansas Constitution as article 2 section 21 supports our
precedent. Accordingly, I would follow it.
See Greene v. Kelley, 2018 Ark. 316, at 29 (Wood, J., dissenting) (“Stare decisis is a
hallmark of our justice system.”); Paschall v. Thurston, 2024 Ark. 155, at 19, 699 S.W.3d
352, 364 (Hiland, J., dissenting) (“Because the majority disregards this court’s decades-long
legal precedent . . . I respectfully dissent.”); Kimbrough v. Grieve, 2024 Ark. 34, at 10 n.2
685 S.W.3d 225, 231 n.2 (“We must decline his invitation to disregard stare decisis. The
Supreme Court has described adherence to precedent as ‘a foundation stone of the rule of
law.’ [A]ny departure from the doctrine demands ‘special justification’—something more
than “an argument that the precedent was wrongly decided.” (quoting Kisor v. Wilkie, 588
U.S. 558, 587 (2019) (internal citations omitted)).
17
Gillispie Law Firm, by: Joshua D. Gillispie; and Brian G. Brooks, Attorney at Law, PLLC,
by: Brian G. Brooks, for appellants.
Anderson, Murphy & Hopkins, L.L.P., by: Mark D. Wankum; Hilburn Law Firm, by:
Gary Rogers and Randy Grice, for appellee.
*Note: Several amicus briefs were filed. This information will be added.
18