Interesting Statute of Limitations Decision

Dennis Cox sued Ripley County and its Commissioners for undercompensation of salary due him for his tenure as Sheriff of Ripley County. His last date of service was December 31, 1996. Cox filed his claim on December 31, 2001. Defendants moved to dismiss, arguing the suit is barred by the three year statute of limitations found in Section 516.130.1, RSMo. Cox argued the applicable period is the five year statute of limitations in Section 516.120.2, RSMo. Section 516.130.1 applies for suits against officers "upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution or otherwise." Section 516.120.2 applies to an "action created by a statute other than a penalty or forfeiture." In Cox v. Ripley County, the Southern District noted that the commissioners would qualify as officers. But that did not end the inquiry. The court examined similar suits and concluded that 516.130.1 applies only to specific wrongs done by an individual in his capacity as an officer; in this case, no allegations of individual misconduct were alleged. Further, Section 57.317 creates a mandatory salary for sheriffs. Hence, that statute gives rise to a specific claim that in turn specifically invokes Section 516.120.2. Consequently, the court found the five year statute of limitations applies, and the claim is not barred.