Legal Opinion
Hawkins v. McHugh
Court of Appeals for the Fifth Circuit
Decided February 23, 1995No. 94-30440PublishedCited by 17 opinions
1Opinion of the Court
ROBERT M. PARKER, Circuit Judge:
The issue in this case is whether, in an action brought pursuant to 42 U.S.C. § 1983 where the applicable statute of limitations is borrowed from Louisiana law, the filing of a complaint which is later dismissed because it was not served upon the defendant within the 120 days allowed by the former Fed.R.Civ. P. 4(j) 1 interrupts the prescriptive period and tolls prescription. We hold that it does not.
FACTS
Lisa H. Hawkins, et al. (Appellants) are the surviving family members of Johnnie Edward Hawkins, who died on December 17, 1990, as a result of a gunshot wound…
2Cases cited6 opinions
- Wilson v. GarciaSupreme Court of the United States · 1985
- Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
- Degan v. Ford Motor Co.Court of Appeals for the Fifth Circuit · 1989
- Robert Norlock v. City of GarlandCourt of Appeals for the Fifth Circuit · 1985
- Bettye Keener Stegmaier, Etc. v. Jerry Pete Trammell, Etc.Court of Appeals for the Fifth Circuit · 1979
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3Cited by17 opinions
- Gary Graham, Now Known as Shaka Sankofa v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Dawson Farms, LLC v. Farm Service AgencyCourt of Appeals for the Fifth Circuit · 2007
- Stanley v. FosterCourt of Appeals for the Fifth Circuit · 2006
- Cruz v. State of LouisianaCourt of Appeals for the Fifth Circuit · 2008
- (PC) Clemons, Jr. v. WardenDistrict Court, E.D. California · 2022
12 more not listed; retrieve them via the Exa API.