Bruce Miller v. N. S. Smith, Individually and in His Capacity as Member of Dallas Police Department

In our opinion in this case, 615 F.2d 1037 (1980), the majority held that the plaintiff was entitled to invoke the tolling provisions of the Texas state statutes, Vernon’s Ann. Tex.Civ.St. arts. 5526, 5535, with reference to the time which elapsed while he was in prison' only as to such part of that time as access to the federal courts was not freely available to state prisoners. We remanded the case to the District Court for findings in that regard.

Since this opinion was rendered on April 21, 1980, the Supreme Court, on May 19, 1980, decided Board of Regents of the University of the State of…