Legal Opinion

Mitchell A. Newberger v. United States Marshals Service

Court of Appeals for the Eleventh Circuit

Decided January 28, 1985No. 83-3701PublishedCited by 13 opinions

1Opinion of the Court

JOHN W. PECK, Senior Circuit Judge:

Plaintiff-appellant Mitchell Newberger appeals from summary judgment for the defendants. The United States District Court for the Middle District of Florida, George C. Carr, District Judge, granted summary judgment on the ground that appellant did not file his suit within the period of even the most generous statute of limi tations, which would have allowed four years for bringing the suit. We affirm on this ground, but also conclude that appellant’s suit is barred by his failure to exhaust his administrative remedies.

On appeal from summary judgment, we view…

2Cases cited16 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  3. Cope v. AndersonSupreme Court of the United States · 1947
  4. Rawlings v. RaySupreme Court of the United States · 1941
  5. Cleveland McWILLIAMS, Plaintiff-Appellant, v. ESCAMBIA COUNTY SCHOOL BOARD, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1981

11 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Chappell v. RichCourt of Appeals for the Eleventh Circuit · 2003
  2. Chappell v. RichCourt of Appeals for the Eleventh Circuit · 2003
  3. Armbrister v. Roland International Corp.District Court, M.D. Florida · 1987
  4. In Re LandesUnited States Bankruptcy Court, E.D. Pennsylvania · 1996
  5. Gordon v. LowellDistrict Court, E.D. Pennsylvania · 2000

8 more not listed; retrieve them via the Exa API.

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