§ 1983 claim set forth in Count Four of plaintiffs complaint. Fuchilla v. Layman, 109 N.J. 319, 330-31, 537 A.2d 652 (1988). 10 . On the date of plaintiff’s arrest, N.J.S.A. 59:5-3 (repealed July 8, 1988) was still in effect. This statute prohibited prisoners from suing public entities while in institutional confinement, and suspended the accrual of a prisoner's cause of action until release from confinement. N.J.S.A. 59:5-3. On July 9, 1982, this court in Holman v. Hilton, 542 F.Supp. 913 (D.N.J.1982), aff'd, 712 F.2d 854 (3d Cir.1983), declared N.J.S.A. 59:5-3 unconstitutional. Id. at 922. Because this statute was not repealed until July 8, 1988, however, it remained in effect until that date. Small v. Department of Corrections, 243 N.J.Super. 439, 449, 579 A.2d 1263 (App.Div.1990) (<HOLDING>). Although it is not entirely clear from the
holding that the plaintiffs cause of action accrued on the date of the repealer statute not on the date the wrong occurred despite the federal courts ruling as to the statutes unconstitutionality holding that a plaintiffs  1983 claim accrued on the date of the alleged illegal search and seizure holding that where the date of the offense is not an element of the charge  a variance between the indictment date and the proof at trial is not fatal so long as the acts charged were committed within the statute of limitations period and prior to the return date of the indictment holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act holding that the cause of action accrued on the date of sale