Arkansas Supreme Court Upholds Sex Abuse Survivors Law, Revives Gillispie Law Firm Case Against Former Pediatrician James Nesmith

3-2 ruling overturns about 180 years of precedent and sends four men’s lawsuit back to Pulaski County Circuit Court

LITTLE ROCK, Ark., November 10, 2026: The Arkansas Supreme Court has upheld the Justice for Vulnerable Victims of Sex Abuse Act and reversed the dismissal of a lawsuit brought by four men against former Little Rock pediatrician James Darrell Nesmith. Joshua Gillispie and Gillispie Law Firm represent the four men, who filed the lawsuit in 2022.

The court issued its 3-2 decision on Nov. 5, 2026. It held that the Arkansas General Assembly had the power to give survivors of childhood sexual abuse more time to bring civil claims, including claims whose deadlines had already passed.

A Pulaski County judge and the Arkansas Court of Appeals had both dismissed the case as filed too late. The Supreme Court vacated the Court of Appeals decision and sent the case back to Pulaski County Circuit Court.

The plaintiffs, identified in court papers only by their initials, allege in their complaint that Nesmith sexually abused them when they were minors between 1995 and 2007. According to the Arkansas Democrat-Gazette, Nesmith pleaded guilty in 2018 to second-degree sexual abuse.

What the Court Decided

The case turned on a long line of Arkansas decisions holding that once the deadline to sue had passed, the legislature could not reopen it. The Supreme Court overruled those decisions. Because the four men filed during the period the Act opened for older claims, the court held their case should not have been dismissed on timing grounds.

Writing for the court, Justice Nicholas Bronni said, “And we now restore to the General Assembly its constitutional power to decide how long is too long to bring a claim.” Special Justice Cory Cox joined the opinion. Justice Courtney Rae Hudson concurred, writing that “great injury and injustice will result if we continue to follow our vested-rights precedent in this case.” Chief Justice Karen Baker and Justice Shawn Womack dissented.

“This ruling says that the legislature did in fact have the power to give these four victims their day in court against Mr. Nesmith, even years after the abuse,” said Joshua Gillispie, who represents the four men. “My clients and I could not be more thrilled to finally push this case to trial and let a jury decide their claims against Mr. Nesmith.”

The ruling decided only the timing question. The allegations in the complaint are claims made by the plaintiffs and have not been proven in court.

What the Ruling Means for Other Arkansas Cases

In February 2024, Gillispie Law Firm wrote about lawsuits filed against Lord’s Ranch under the same law. At the time, Joshua Gillispie said, “If the Court of Appeals rules in Nesmith’s favor, all of these cases go away forever.” The Court of Appeals did rule for Nesmith in 2025, and the Supreme Court has now vacated that decision.

Were You Abused as a Child in Arkansas?

Arkansas law treats survivors differently depending on when they were born and when they came to understand the harm. Survivors born on or after July 28, 2000 have no statute of limitations for civil claims of childhood sexual abuse. Others may still have time under Arkansas’s discovery rule, which can start the clock when a person comes to understand the effects of the abuse. That is true for abuse in churches and other religious settings, schools, daycares and treatment facilities.

If you are not sure whether you still have time to file, no matter how long ago the abuse happened, talk with a lawyer before deciding. Gillispie Law Firm offers free, confidential case evaluations.

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Case Details
Court: Supreme Court of Arkansas
Case Title: H.C., L.S., R.T., and T.K. v. James Darrell Nesmith
Case Number: CV-23-328
Decision Date: Nov. 5, 2026
Opinion: https://gillispielawfirm.com/wp-content/uploads/2026/11/Nesmith-Opinion-Ark-Sup-Ct-CV-23-328_2657282937-.pdf
Coverage: Arkansas Democrat-Gazette, KATV

Legal Counsel for Plaintiffs
Joshua D. Gillispie
Gillispie Law Firm
1 Riverfront Place, Suite 605, North Little Rock, AR 72114
(501) 244-0700
info@gillispielawfirm.com

Prior results do not guarantee a similar outcome. Joshua D. Gillispie is licensed to practice law in Arkansas.