Legal Opinion
Tommy English Bryant v. W. E. Potts
Court of Appeals for the Fifth Circuit
Decided March 15, 1976No. 75--4180PublishedCited by 18 opinions
1Per curiam
This is an action for damages brought pro se by an inmate of a state correctional institution under 42 U.S.C.A. § 1983. Plaintiff alleges that property belonging to him was unlawfully seized and retained by defendant police officers.
The complaint was dismissed by the district court upon the motion of defendant police officers because it was not filed within the applicable two year limitation period.
The limitation period for filing an action under 42 U.S.C.A. § 1983 must be determined by reference to the limitation period prescribed by the law of the state where the litigation arose. Boshell…
2Cases cited3 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Bobby Hardwick v. Dr. Allen Ault, Commissioner, State Board of Offender Rehabilitation, Etc.Court of Appeals for the Fifth Circuit · 1975
- L. B. Boshell v. Alabama Mental Health BoardCourt of Appeals for the Fifth Circuit · 1973
3Cited by18 opinions
- Ronald P. Richardson v. Les FlemingCourt of Appeals for the Fifth Circuit · 1981
- Bartley Braden v. Texas a & M University System, Etc.Court of Appeals for the Fifth Circuit · 1981
- Arquette v. HancockCourt of Appeals of Texas · 1983
- Bruce Miller v. N. S. Smith, Individually and in His Capacity as a Member of the Dallas Police DepartmentCourt of Appeals for the Fifth Circuit · 1980
- Albert T. Ehlers v. City of Decatur, GeorgiaCourt of Appeals for the Fifth Circuit · 1980
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