Legal Opinion
Harriett Duet Kirk, Widow of Dalta Ray Kirk v. Alwynn J. Cronvich, Individually and in His Official Capacity as Sheriff of the Parish of Jefferson
Court of Appeals for the Fifth Circuit
Decided October 27, 1980No. 79-3898PublishedCited by 128 opinions
1Opinion of the Court
ANDERSON, Circuit Judge:
This is an action for damages pursuant to 42 U.S.C.A. § 1983 and 28 U.S.C.A. § 1331. The appellant appeals from an order of the district court dismissing her complaint against appellee Alwynn J. Cronvich on the ground that the action was barred by the most analogous state statute of limitations. We reverse and remand.
The relevant facts appear as follows. On March 25, 1977, appellant’s husband, Dalta Ray Kirk, took an overdose of drugs and was pronounced dead on arrival at the hospital. Her complaint was filed almost one year later on March 23, 1978. In the original…
2Cases cited25 opinions
- Allen Williams B/n/f Louise J. Smyre v. United StatesCourt of Appeals for the Fifth Circuit · 1968
- George Andrew Lavellee, Jr. v. Carlo Listi, Sheriff, Lafayette Parish, LouisianaCourt of Appeals for the Fifth Circuit · 1980
- Guidry v. TheriotSupreme Court of Louisiana · 1979
- Barbara MARKS and Shirley Johnson, Plaintiffs-Appellees, v. PRATTCO, INC., Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1979
- Raul C. Montalvo v. Tower Life Building and Tower Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1970
20 more not listed; retrieve them via the Exa API.
3Cited by128 opinions
- Schiavone v. FortuneSupreme Court of the United States · 1986
- Richard Berndt v. State of Tennessee and Lakeshore Mental Health InstituteCourt of Appeals for the Sixth Circuit · 1986
- Jacobsen v. OsborneCourt of Appeals for the Fifth Circuit · 1998
- Singletary v. Pennsylvania Department Of CorrectionsCourt of Appeals for the Third Circuit · 2001
- Sanders-Burns v. City of PlanoCourt of Appeals for the Fifth Circuit · 2010
123 more not listed; retrieve them via the Exa API.