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DeVRIES v. DRIESEN

No. 13-2593.

766 F.3d 922 (2014)

Marvin Allan DeVRIES, Plaintiff-Appellant v. David DRIESEN; Patrick J. Hoye; Steven L. Ponsetto; State of Iowa, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 10, 2014.

Corrected: September 10, 2014.

Attorney(s) appearing for the Case

Theodore Frederick Sporer , argued, Des Moines, IA, for Plaintiff-Appellant.

Timothy Vavricek , argued ( Jeffrey C. Peterzalek , Assistant Attorney General, Timothy Vavricek , on the brief), Des Moines, IA, for Defendants-Appellees.

Before LOKEN and MURPHY, Circuit Judges, and PERRY, District Judge.

PERRY, District Judge.

Marvin DeVries brought this § 1983 suit two years and four months after the claim arose. The district court1 dismissed the case as barred by Iowa's two-year statute of limitations governing personal injury claims. DeVries appealed, arguing that his time for filing suit was tolled during the pendency of an administrative claim he had filed under the Iowa Tort Claims Act. Section 1983 claims are governed by the...

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