Legal Opinion · Concurrence

United States v. Edgar Searcy

Court of Appeals for the Fourth Circuit

Decided January 18, 2018No. 16-6833Published

1Concurrence

*126THACKER, .Circuit Judge,

concurring:

T agree with the majority’s conclusion that 28 U.S.C. § 1658(a)’s four year limitations period does not apply to 18 U.S.C. § 4248’s civil commitment proceedings.Therefore, I concur in the judgment. However, I pursue a different route to reach this conclusion.

In my view, § 4248 civil commitment proceedings are “civil actions” under § 1658(a); but, application of the four year limitations period in' the circumstance of this case would lead -to an absurd result. Thus, I reject application of-the four year limitations period to § 4248 civil commitment…

2Cases cited13 opinions

  1. Addington v. TexasSupreme Court of the United States · 1979
  2. Kansas v. HendricksSupreme Court of the United States · 1997
  3. Kelly v. RobinsonSupreme Court of the United States · 1986
  4. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  5. United States v. Walter WoodenCourt of Appeals for the Fourth Circuit · 2012

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