(DOWNLOAD) "Browning V. Pendleton" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Browning V. Pendleton
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 16, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
We granted en banc rehearing in this civil rights action thereby vacating a prior unreported decision of a panel of our court. We did so in order to resolve an inconsistency between two decisions by different panels of our court in selecting the appropriate state statute of limitations for civil rights actions filed pursuant to 42 U.S.C. § 1983 (1982) as required by the Supreme Court in Wilson v. Garcia, 471 U.S. 261, 85 L. Ed. 2d 254, 105 S. Ct. 1938 (1985). Compare Carroll v. Wilkerson, 782 F.2d 44 (6th Cir.) (per curiam), cert. denied 479 U.S. 923, 93 L. Ed. 2d 302, 107 S. Ct. 330 (1986), with Mulligan v. Hazard, 777 F.2d 340 (6th Cir. 1985), cert. denied, 476 U.S. 1174, 90 L. Ed. 2d 988, 106 S. Ct. 2902 (1986). Simply stated, the question before us is whether the appropriate statute of limitations for section 1983 actions arising in Ohio is contained in Ohio Rev. Code Ann. § 2305.11 (Anderson 1988), which provides that all actions for intentional torts must be brought within one year of their accrual, or Ohio Rev. Code Ann. § 2305.10 (Anderson 1988), a general statute which requires that actions for bodily injury be filed within two years after their accrual. For the reasons that follow, we hold that the two-year limitations period; viz., Ohio Rev. Code Ann. § 2305.10, is the appropriate statute of limitations for actions arising in Ohio under 42 U.S.C. § 1983.