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Liddell v. Board of Commissioners of the County of Cleveland ex rel Board of Equalization of the County of Cleveland1/28/2002
s § 1983 claim in an action separate from his original tax protests, we would declare this action untimely. For limitations purposes, § 1983 claims are characterized as personal injury actions and are governed by state statutes of limitations. Wilson v. Garcia, 471 U.S. 261, 276, 105 S.Ct. 1938, 1947, 85 L.Ed.2d 254 (1985). Title 95 O.S. Supp.1992 § 95(Third) (now § 95(3)) provided that personal injury actions in this state must be brought within two (2) years after the cause of action accrues. See Abbitt v. Franklin, 731 F.2d 661, 663 (10th Cir. 1984) (applying two year limitation period of § 95(Third) to an Oklahoma § 1983 action). July 15, 1994, the date on which Plaintiff filed this action, came more than two years after Plaintiff knew, or should have known, that his properties were being comparatively overvalued.
In summary, Plaintiff had available to him, in 1991 and before, a plain and adequate remedy for each of the complaints made by him. His failure to avail himself of those remedies serves as a jurisdictional bar to the present action.
AFFIRMED.
JOPLIN, V.C.J., and BUETTNER, J., concur.
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