Edwin Dean Vest v. Sterling Bossard, Hans Chamberlain, Ira Schoppmann, James Nelson and John Does One to One Hundred
Court of Appeals for the Tenth Circuit
1ConcurrenceLogan, Circuit Judge
I do not disagree with the legal analysis of the other opinions in this case. My prob*605lems are with the factual application. If the statute of limitations is tolled in this case it is because of the concealment doctrine, which is applicable when defendants conceal the existence of a cause of action from the plaintiff. I agree that the statute of limitations on the 42 U.S.C. § 1983 claim did not commence to run until Vest knew of the involvement of at least one state actor. But Vest’s statements and admissions from his deposition convince me that he knew or reasonably should have known of the…
2Cases cited8 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
- Myers v. McDonaldUtah Supreme Court · 1981
- Foil v. BallingerUtah Supreme Court · 1979
- Estate of Chappelle v. SandersDistrict of Columbia Court of Appeals · 1982
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