The defendants jointly filed a motion to dismiss, contending that Kilgore's complaint set forth an action for malicious prosecution and false imprisonment and that therefore Ohio's one year statute of limitations for malicious prosecution and false imprisonment barred the action.
Ohio Rev. Code s 2305.11. Kilgore argued instead that the four year limitations statute (
Ohio Rev. Code s 2305.09(D)) applied. The district court, however, agreed with the defendants and on November 24, 1980 held that Kilgore's action was time barred. Kilgore then moved for a rehearing or reconsideration, arguing that the six year limit found in
Ohio Rev. Code s 2305.07 applied. The district court rejected Kilgore's argument on March 4, 1981 and again held that the one year limitation period found in
Ohio Rev. Code s 2305.11 applied to bar the action. We find the reasoning of the district court persuasive and affirm.