Mrs. Peggy Gates v. Dr. Sam Spinks

W. EUGENE DAVIS, Circuit Judge:

This appeal requires that we determine the prescriptive period which applies to actions brought in the State of Mississippi under 42 U.S.C. § 1983. Guided by the recent decision of the Supreme Court in Wilson v. Garcia, — U.S. ---, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), we conclude that the one-year period provided by Miss. Code Ann. § 15-1-35 governs such actions. Because plaintiff’s suit was not filed within one year from the accrual of the cause of action, we affirm the district court’s summary judgment in favor of the defendants.

I

Mrs. Peggy Gates brought…