Stewart v. Russell

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court for determination on the issue of whether this action seeking relief under 42 U.S.C. § 1983 is time-barred under the holding in Gates v. Spinks, 771 F.2d 916 (5th Cir.1985). In his answer, defendant Cecil Russell requested dismissal or summary judgment on limitations grounds. Prior to trial and following the Fifth Circuit’s ruling in Gates in September 1985, defendant supplemented his answer with memorandum brief in support of what he denominated as his “Motion to Dismiss or for Summary Judgment all as…