Arizona Court of Appeals Division One holds that the “continuing wrongs” doctrine does not toll the one year statute of limitations against public employees under A.R.S. § 12-821.

A business owner sued the Maricopa County Sheriff for intentional infliction of emotional distress and false-light invasion of privacy in 2012 after the Sheriff launched a series of investigations into the business after the owner publically supported a political opponent of the Sheriff.  The Sheriff moved for summary judgment arguing that the claims were barred by the one year statute of limitations for claims against public employees under A.R.S. § 12-821.  The owner claimed that the Sheriff’s continuing wrongs from 2005 to 2011 tolled the statute.  The trial court granted the Sheriff’s motion.

The Court of Appeals affirmed.  Under the continuing wrongs doctrine, a statute of limitations applicable to emotional distress tort claims may be tolled until the tortious conduct stops.  The Court held that A.R.S. § 12-821 prevented the doctrine from applying to emotional distress claims against public employees because the statute sets a mandatory one year limitations period for “all actions” against public employees.  Because the owner knew in 2005 the facts at the heart of his claim, and that he had suffered a considerable amount of resulting emotional distress, he should have filed within the one year period.   The Court of Appeals also held that there is no authority applying the continuing wrongs doctrine to a false-light invasion of privacy claim. 

Presiding Judge Diane M. Johnsen authored the opinion; Judges Cattani and Gemmill joined.