Evans v. Chipps

HEDRICK, Judge.

“[I]n determining the applicable statute of limitations, the focus should be upon the nature of the right which has been injured. . . .” Holley v. Coggin Pontiac, Inc., 43 N.C. App. 229, 241, 259 S.E. 2d 1, 9, disc. rev. denied, 298 N.C. 806, 261 S.E. 2d 919 (1979). In the present case, plaintiff’s complaint, when considered in a light most favorable to him, alleges injuries to rights which arguably would produce the following causes of action: an action under 42 U.S.C. § 1983 for deprivation of civil rights under color of state law; an action under 42 U.S.C. § 1985(3) for…