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by Payton Dhooge
The Arkansas Supreme Court has overturned precedent, ruling that lawmakers can allow childhood sexual abuse survivors to file civil lawsuits even after the original filing deadline has expired. (Photo KATV)
LITTLE ROCK (KATV) — The Arkansas Supreme Court has overturned precedent, ruling that lawmakers can allow childhood sexual abuse survivors to file civil lawsuits even after the original filing deadline has expired.
In an opinion issued Thursday, Nov. 5, the court reversed a lower court's decision dismissing a lawsuit against James Darrell Nesmith, who is accused of sexually abusing four individuals as children between 1995 and 2007.
Three plaintiffs allege Nesmith, who was a pediatrician, abused them during medical visits. A fourth alleges he abused him at his home and at a church camp.
Former Little Rock pediatrician Dr. James Nesmith (Photo: KATV)
Former Little Rock pediatrician Dr. James Nesmith (Photo: KATV)
The lawsuit was initially dismissed because the statute of limitations had expired. However, the Supreme Court ruled that Arkansas lawmakers have the authority to revive previously time-barred claims under the state's Justice for Vulnerable Victims of Sex Abuse Act.
"And we now restore to the General Assembly its constitutional power to decide how long is too long to bring a claim," Justice Nicholas Bronni wrote in the majority opinion. The decision overturns longstanding precedent that prevented the Legislature from reopening expired civil claims.
KATV reported on the Justice for Vulnerable Victims of Sexual Abuse Act in September 2025.
Chief Justice Karen Baker and Justice Shawn Womack dissented, arguing the ruling disregards nearly two centuries of legal precedent. "The majority departs from nearly two centuries of our vested-rights jurisprudence," Womack wrote.
The opinion does not judge whether Nesmith is guilty of the alleged abuse. The case will return to a lower court for further proceedings.
The decision could also have broader implications for future legislation allowing other previously expired civil claims to be filed.
2026 Sinclair, Inc.
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