Legal Opinion
Phillip C. Shaw v. Marvin McCorkle
Court of Appeals for the Fifth Circuit
Decided August 30, 1976No. 76-1432PublishedCited by 41 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
The District Court dismissed plaintiff Shaw’s 42 U.S.C.A. § 1983 action against four Mississippi highway patrolmen and their surety, holding that the suit was barred by the Mississippi one-year statute of limitations for intentional torts. Plaintiff appeals from that dismissal, contending that the District Court should have applied the Mississippi six-year catch-all statute of limitations, under which plaintiff’s suit would not have been barred. We agree with plaintiff, and we therefore reverse and remand.
The Scuffle
Plaintiff-appellant brought this civil rights…
2Cases cited28 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Franks v. Bowman Transportation Co.Supreme Court of the United States · 1976
- McNeese v. Board of Education for Community Unit School District 187 CahokiaSupreme Court of the United States · 1963
- O'Sullivan v. FelixSupreme Court of the United States · 1914
- Harold FRANKS, Plaintiff-Appellant, Johnny Lee, Intervenor-Appellant, v. BOWMAN TRANSPORTATION COMPANY Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1974
23 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Nellie Woods, as Personal Representative of the Estate of John N. Woods v. Holy Cross HospitalCourt of Appeals for the Fifth Circuit · 1979
- Gary Garcia v. Richard Wilson and Martin VigilCourt of Appeals for the Tenth Circuit · 1984
- Beard v. RobinsonCourt of Appeals for the Seventh Circuit · 1977
- City of Mound Bayou v. JohnsonMississippi Supreme Court · 1990
- Samuel Jones, Jr. v. Preuit & MauldinCourt of Appeals for the Eleventh Circuit · 1985
36 more not listed; retrieve them via the Exa API.