Statute Annotations › Kentucky › Ky. Rev. Stat. Ann. § 413.140

Ky. Rev. Stat. Ann. § 413.140

Actions to be brought within one year: the cases that interpreted this section

Jurisdiction
Kentucky
Case notes
349
Cited in passing
135
Citing cases indexed
648
Case dates
1943–2026
Screened through
2026-06-25
Checked for later law changes
2026-10-21
Courts' treatment: partly invalid
A reviewed case holds part of this section invalid or unenforceable. The Kentucky Supreme Court held only the five-year medical malpractice cutoff in subsection (2) unconstitutional. The one-year limitations period and discovery rule were not invalidated.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

484 citing cases reviewed of 648 in the citation index: 349 interpreted the section (annotated below), 135 cited it only in passing. Cases filed after 2026-06-25 may not have been reviewed yet.

Have a situation under Ky. Rev. Stat. Ann. § 413.140?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Civil rights claims

Section 413.140(1)(a) supplies a one-year limitations period for § 1983 actions in Kentucky.

Collard v. Kentucky Board of Nursing · filed 1990-01-17(1)(a)

Accordingly, we conclude that section 1983 actions in Kentucky are limited by the one-year statute of limitations found in section 413.140(l)(a).
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Section 413.140(1)(a) requires personal injury actions to be commenced within one year of accrual, and that period applies to § 1983 actions in Kentucky.

Martin v. Wigginton · filed 1993-07-06(1)(a)

In Kentucky, personal injury actions must be commenced within one year after the date of accrual, Ky.Rev.Stat.Ann. § 413.140(1)(a) (Michie 1992), and this one year statute of limitations applies to § 1983 actions.
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Section 413.140(1)(a)'s limitations period applies to a prisoner's § 1983 claim against prison officials.

Walker v. Taylor · filed 1996-10-07(1)(a)

Walker's claim as to the Marion officials was barred by the statute of limitations. See Ky.Rev.Stat.Ann. § 413.140(1)(a) (Michie 1992); Collard, 896 F.2d at 182.
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Section 413.140 provides a one-year limitations period for § 1983 claims arising in Kentucky.

Ford v. Hill · filed 1995-01-18

In Kentucky, § 1983 actions are governed by the one-year statute of limitations contained in Kentucky Revised Statute 413.140.
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Section 413.140(1)(a)'s one-year period for personal injury actions applies to claims under section 504 of the Rehabilitation Act.

Southerland v. Hardaway Management Company, Inc. · filed 1995-01-12(1)(a)

The Hall court followed Wilson v. Garcia, 471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), in stating that Kentucky's one year statute of limitations for personal injury actions, KRS 413.140, establishes the limitations period for claims under the Rehabilitation Act. ... Our decision in Hall is dispositive of the statute of limitations issue in the present case.
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Section 413.140’s one-year personal-injury limitations period applies to an inmate’s declaratory-judgment claim alleging a constitutional tort.

Tyler v. Taylor · filed 2003-11-26

However, as the appellee notes, Tyler has alleged the sort of constitutional tort that in actions under 42 U.S.C. § 1983 is subject to our one-year limitations period under KRS 413.140 for personal injury actions. ... This is the limitations period the trial court applied, and we agree that it is suitable.
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Section 413.140(1)(a) supplies a one-year limitations period for Bivens claims arising in Kentucky.

Baker v. Muskasey · filed 2008-07-01(1)(a)

Baker’s claims arose in Kentucky, and therefore, a one-year statute of limitations applies. Ky. Rev. Stat. Ann. § 413.140(1)(a); Mitchell v. Chapman, 343 F.3d 811, 825 (6th Cir. 2003).
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Section 413.140(1)(a) supplies a one-year limitations period for § 1983 claims arising in Kentucky.

Bonner v. Perry · filed 2009-04-20(1)(a)

Thus, Bonner’s argument must fail, and a one-year statute of limitations must be applied to Bonner’s claim. Applying this one-year statute of limitations, we conclude that it is clear that Bonner’s claim was filed outside the limitations period.
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Section 413.140 imposes a one-year limitations period on an action for declaration of rights alleging a violation of constitutional rights.

Hill v. Thompson · filed 2009-10-23

Regardless, and with respect to Hill’s assertions that he was not considered for meritorious good time at all between 1990 and 1993, and again in 1995, we find that the statute of limitations set forth in KRS 413.140 bars such an action in any event. Clearly, under the law of this Commonwealth, an action for declaration of rights alleging a violation of constitutional rights is subject to the one-year statute of limitations set forth in KRS 413.140.
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Section 413.140(1)(a) supplies a one-year limitations period for ADA and Rehabilitation Act claims brought in Kentucky.

Mosier v. Kentucky · filed 2009-12-09(1)(a)

The most closely-analogous Kentucky statute gives Plaintiff one year to commence suit.
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Section 413.140 imposes a one-year limitations period on civil-rights claims; for a claim based on employment termination, the period runs from notice of termination.

Nixon v. Greenup County School District · filed 2012-09-12(1)(a)

The statute of limitations for an action alleging a violation of civil rights, under either federal or Kentucky law, is one year. ... The Court finds that the date of termination, the critical date is May 5, 2009. Plaintiffs belief that her termination as not final does not affect the analysis. As such, Wendy Nixon’s claims are untimely.
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Section 413.140 supplies the one-year limitations period for § 1983, § 1985, and Title VI claims brought in Kentucky.

Huang v. Presbyterian Church (U.S.A.) · filed 2018-10-11(1)(a), (1)(c)

Here, the relevant statute surely is the one-year limitation period provided by KRS 413.140.
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Section 413.140(1)(a) supplies the one-year limitations period for § 1983 claims arising in Kentucky.

Hornback v. Lexington-Fayette Urban County Government · filed 2012-11-16(1)(a)

In Kentucky, the statute requires all personal injury actions to be brought within one year after the cause of action accrues. KRS § 413.140(l)(a); see also Bonner v. Perry, 564 F.3d 424, 430-31 (6th Cir.2009) (holding that Kentucky’s one year statute of limitations period applies to § 1983 actions).
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Section 413.140(1)(a) imposes a one year limitations period on § 1983 actions in Kentucky.

Singleton v. Kentucky · filed 2016-03-31(1)(a)

In Kentucky, KRS § 413.140(1)(a) applies to § 1983 actions and does indeed impose, as Defendants contend, a one year statute of limitations.
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Section 413.140(1) provides a one-year limitations period for § 1983 actions arising in Kentucky.

Estate of Robert Matthew Bradley v. Wright · filed 2019-09-04(1)

In Kentucky, § 1983 actions are limited by the one-year statute of limitations found in KRS § 413.140(1).
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Section 413.140 supplies a one-year limitations period for § 1983 actions brought in Kentucky.

McGinnis v. Central Kentucky Management Services · filed 2019-10-15

For § 1983 actions, federal courts borrow forum states’ personal injury statutes of limitation. ... Here, the relevant statute is the one-year limitation period provided by KRS 413.140.
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Section 413.140(1) provides the one-year limitations period for § 1983 actions arising in Kentucky.

Estate of Nicholas Eugene McMain v. City of Hartford, Kentucky · filed 2020-03-05(1)

In Kentucky, § 1983 actions are limited by the one-year statute of limitations found in KRS § 413.140(1).
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Section 413.140(1)(a) provides a one-year limitations period for § 1983 actions arising in Kentucky.

DeSpain v. Louisville Metro Government · filed 2021-08-19(1)(a)

In Kentucky, § 1983 actions are limited by the one-year statute of limitations found in KRS § 413.140(1)(a). ... The statute of limitations therefore ran one year later on September 18, 2014.
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Section 413.140(1)(a) and (c) provides a one-year limitations period for § 1983 actions in Kentucky.

Sigrist v. Burgdolf · filed 2021-10-26(1)(a) and (c)

Kentucky law sets out a one-year statute of limitations for all § 1983 actions.
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Section 413.140(1)(a) gives a plaintiff one year after accrual to bring a § 1983 civil rights claim.

Bradley v. Laurel County, KY. · filed 2023-08-07(1)(a)

Thus, a § 1983 claim alleging a violation of constitutional law must be commenced within one year after the cause of action accrues.
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Section 413.140(1)(a) gives a plaintiff one year after accrual to bring a § 1983 claim in Kentucky.

Elder v. Lincoln County Regional Jail · filed 2022-08-10(1)(a)

Thus, a § 1983 claim alleging a violation of constitutional law must be commenced within one year after the cause of action accrues. KRS § 413.140(1)(a).
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Section 413.140(1)(a) supplies the one-year limitations period applied to § 1983 claims arising in Kentucky.

Chabad of Prospect, Inc. v. Louisville Metro Board of Zoning Adjustment · filed 2022-08-23(1)(a)

In Kentucky, a one-year statute of limitations generally applies. Bonner v. Perry, 564 F.3d 424, 430–31 (6th Cir. 2009) (citing KRS § 413.140(1)(a)).
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Section 413.140(1)(a) provides a one-year limitations period for Kentucky products liability claims.

WILKINS v. GENZYME CORPORATION · filed 2022-09-14(1)(a)

• One year for the Kentucky Products Liability Act. Ky. Rev. Stat. Ann. § 413.140(1)(a).
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Section 413.140(1)(a) imposes a one-year limitations period on § 1983 civil rights claims.

Burke v. Ferguson · filed 2022-09-20(1)(a)

Kentucky’s one-year statute of limitations, Ky. Rev. Stat. § 413.140(1)(a), applies to civil rights claims asserted under 42 U.S.C. § 1983.
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Section 413.140(1) supplies a one-year limitations period for § 1983 claims in Kentucky.

J.A.L. v. Howard · filed 2022-10-04(1)

Alternatively, the adult plaintiffs’ claims in Counts II and IV are barred by the one-year statute of limitations. See Fox v. DeSoto, 489 F.3d 227, 233 (6th Cir. 2007) (citing KRS § 413.140(1)).
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Section 413.140(1)(a) provides a one-year limitations period for state due process and takings claims.

Waste Services of the Bluegrass, LLC v. Georgetown, KY City of · filed 2023-03-31(1)(a)

Likewise, a one-year statute of limitations applies to the state due process and takings claims.
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Section 413.140(1)(a) supplies a one-year limitations period for civil rights claims under 42 U.S.C. § 1983 in Kentucky.

Garth v. LFUCPD · filed 2023-04-13(1)(a)

Kentucky’s one-year statute of limitations, Ky. Rev. Stat. § 413.140(1)(a), applies to civil rights claims asserted under 42 U.S.C. § 1983.
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Section 413.140(1)(a) supplies the one-year limitations period for § 1983 actions brought in Kentucky.

Driver v. Roberson · filed 2023-05-16(1)(a)

Thus, in Kentucky, § 1983 actions are limited by the one-year statute of limitations found in KRS § 413.140(1)(a).
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Section 413.140(1)(a) supplies the one-year limitations period for Section 1983 actions brought in Kentucky.

Pascoe v. Scarborough · filed 2023-05-22(1)(a)

Thus, in Kentucky, Section 1983 actions are limited by the one-year statute of limitations found in KRS § 413.140(1)(a).
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Section 413.140(1)(a) supplies a one-year limitations period for § 1983 claims brought in Kentucky.

Dobson v. Sanderfer · filed 2023-11-28(1)(a)

In Kentucky, § 1983 actions are limited by the one-year statute of limitations found in KRS § 413.140(1)(a).
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Section 413.140(1)(a) provides a one-year limitations period for § 1983 actions in Kentucky.

Wynn v. Kentucky State Police · filed 2023-12-11(1)(a)

In Kentucky, § 1983 actions are limited by the one-year statute of limitations found in KRS § 413.140(1)(a).
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Section 413.140(1)(a) supplies the one-year limitations period for § 1983 claims brought in Kentucky.

Bennett v. Gary · filed 2023-12-08(1)(a)

In Kentucky, § 1983 actions are limited by the one-year statute of limitations found in KRS § 413.140(1)(a). ... Thus, on the face of the Complaint, Bennett’s § 1983 claims against Captain Gary and Chief Deputy Vanmeter are untimely as he did not file his Complaint within one year of the alleged event.
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Section 413.140(1)(a) supplies a one-year limitations period for § 1983 actions filed in Kentucky.

Mallory v. Ellerman · filed 2024-05-13(1)(a)

In Kentucky, § 1983 actions are limited by the one-year statute of limitations found in ... KRS § 413.140(1)(a).
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Section 413.140(1)(a) sets a one-year deadline for personal-injury actions, including § 1983 claims brought in Kentucky.

Snider v. City of Lyndon · filed 2024-06-25(1)(a)

City Defendants are correct that a one-year statute of limitations applies, and Snider does not dispute this. [DE 7-1 at 95–96]; see Hughes v. Vanderbilt University, 215 F.3d 543, 547 (6th Cir. 2000) (quoting Berndt v. Tennessee, 796 F.2d 879, 883 (6th Cir. 1986)) (“In all actions brought under § 1983 alleging a violation of civil rights or personal injuries, the state statute of limitations governing actions for personal injuries is to be applied.”); KRS 413.140(1)(a) (“An action for an injury to the person of the plaintiff” is an action that “shall be commenced within one (1) year”).
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Section 413.140(1)(a) supplies the one-year limitations period for § 1983 claims arising in Kentucky.

Scott v. Smith · filed 2024-08-26(1)(a)

Accordingly, Scott was required to bring his claims against Smith within one year of the date on which his claims accrued.
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Section 413.140(1)(a) provides a one-year limitations period for § 1983 actions in Kentucky.

Young v. Beshear · filed 2024-08-28(1)(a)

Counts 1 through 41 are time-barred. ... Ky. Rev. Stat. Ann. § 413.140; Collard v. Ky. Bd. of Nursing, 896 F.2d 179, 182 (6th Cir. 1990) (“[S]ection 1983 actions in Kentucky are limited by the one-year statute of limitations found in section 413.140(1)(a).”).
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Section 413.140(1)(a) supplies the one-year limitations period for § 1983 actions filed in Kentucky.

Milam v. Scott · filed 2025-02-03(1)(a)

In Kentucky, § 1983 actions are limited by the one-year statute of limitations found in KRS 413.140(1)(a).
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Section 413.140(1)(a) supplies a one-year limitations period for § 1983 claims arising in Kentucky.

Alexander v. The University of Kentucky · filed 2025-02-18(1)(a)

Given the Supreme Court’s directive in Owens, the Court must apply Kentucky’s general personal injury statute of limitations, KRS § 413.140(1)(a).
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Section 413.140(1)(a) supplies the one-year limitations period for § 1983 claims arising in Kentucky.

Wright v. Louisville Metro Gov't · filed 2025-07-16(1)(a)

In sum, Kentucky’s one-year statute of limitations applies and Rule 15’s relation-back provision does not, so the Wrights’ claims against the named individual officers are untimely.
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Section 413.140(1)(a)’s one-year period for personal injury actions supplies the limitations period for Rehabilitation Act Section 504 and ADA Title II claims in Kentucky.

Conley v. Board of Education of Clark County Schools · filed 2024-07-15(1)(a)

Here, the Court will therefore rely on Kentucky’s statute of limitations for personal injury claims, found at KRS § 413.140(1)(a), in assessing the timeliness of Plaintiff’s federal claims. ... Section 413.140(1)(a) provides that a personal injury action must commence “within one (1) year after the cause of action accrued.”
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Section 413.140(1)(a) supplies a one-year limitations period for Bivens claims arising from alleged violations in Kentucky; an earlier action dismissed without prejudice does not make a later complaint timely.

El-Bey v. Warden at FMC Lexington · filed 2025-07-30(1)(a)

Under Kentucky law, Bivens claims have a one-year statute of limitations. ... Plaintiff was still required to file his action within the period governed by the statute of limitations, and he failed to do so.
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Section 413.140(1)(a) supplies the one-year limitations period for § 1983 actions arising in Kentucky.

Taylor · filed 2026-06-25(1)(a)

In Kentucky, § 1983 actions are limited by the one-year statute of limitations for personal injuries found in KRS § 413.140(1)(a).
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Motor vehicle claims

Section 413.140’s one-year limit for personal-injury actions does not bar a motor vehicle tort claim governed by the two-year limit in KRS 304.39-230(6).

Tucker v. Johnson · filed 1981-04-10

KRS 413.140 provides that an action for an injury to the person must be commenced within one year after the cause of action accrues. ... We hold that the statute of limitations set forth in KRS 304.-39-230(6) applies, and that the action of the Tuckers was not barred.
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KRS 413.140’s one-year personal-injury limit does not apply to a motorist’s tort claim arising from a vehicle accident against a nonmotorist when the MVRA’s two-year limit governs.

Bailey v. Reeves · filed 1984-01-19

The trial court dismissed the action on grounds that it was barred by KRS 413.140 since it was not filed within one year from the date of the accident. The Kentucky Court of Appeals affirmed. Because the literal language of the MVRA extends the statute of limitations to two years for actions “with respect to accidents occurring in this Commonwealth and arising from the ownership, maintenance or use of a motor vehicle,” when not “abolished” by the Act, we reverse.
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Section 413.140 continues to apply to motor vehicle injury torts; the no-fault law changes the limitations period to two years without displacing the saving rule for minors and persons under disability.

Lemmons v. Ransom · filed 1984-05-31(1)(a)

Here the statute of limitations in KRS 304.39-230(6) modifies only that language contained in KRS 413.140 and does not abolish the entire statute of limitations for those torts arising from motor vehicle accidents. Consequently KRS 413.170 tolls the two-year statute of limitations under the no-fault statute in cases of minors and persons under disability.
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Section 413.140(1)(a) sets a one-year limit for personal injury actions, but the two-year limit in KRS 304.39-230(6) governs claims arising from motor vehicle accidents.

Troxell v. Trammell · filed 1987-05-21(1)(a)

Thus the statutory language in KRS 304.39-230(6) applies rather than the statutory language in KRS 413.140(1)(a) in the present situation where the cause of action is both a motor vehicle accident and a personal injury claim.
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Section 413.140(1)(a)’s one-year personal injury limit does not govern a motor vehicle accident victim’s claim when the MVRA’s two-year limit applies.

Dakota Miller v. T & J Land Co., LLC · filed 2023-01-05(1)(a)

Pursuant to Troxell, “KRS 304.39-230(6) applies rather than . . . KRS 413.140(1)(a) in the present situation where the cause of action is both a motor vehicle accident and a personal injury claim.” 730 S.W.2d at 528. Therefore, Miller’s claims were not barred by statute of limitations and the circuit court wrongly dismissed his complaint.
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Section 413.140’s one-year limit for personal injury claims is displaced by the MVRA’s two-year limit for qualifying motor vehicle injuries.

Billy E. Powers, as Administrator of the Estate of Donna Powers v. Kentucky Farm Bureau Mutual Insurance Company · filed 2024-06-13

The MVRA’s two-year statute of limitations preempts the general one-year statute of limitations for personal injury claims where those injuries “aris[e] from the ownership, maintenance, or use of a motor vehicle” and are not otherwise barred by the MVRA’s no-fault provisions. KRS 413.140; KRS 304.39-060.
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Section 413.140(1)(a)’s one-year period for negligence claims is displaced by the MVRA’s two-year period for qualifying motor vehicle injuries.

Wessling v. Miner · filed 2025-06-11(1)(a)

Ordinarily, in Kentucky, a common law negligence claim is subject to a one-year statute of limitations. ... However, the Motor Vehicle Reparations Act (MVRA)’s “two-year statute of limitations preempts the general one-year statute of limitations for personal injury claims where those injuries ‘aris[e] from the ownership, maintenance, or use of a motor vehicle’ and are not otherwise barred by the MVRA’s no-fault provisions.” ... Applying this two-year limitations period here (and even assuming Wessling’s action accrued on the date of injury), a dismissal without prejudice would leave him with enough time to refile his claims against Defendant Miner.
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Notes 301–349 of 349, oldest cases first.

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