Arthur M. Wooten v. Kermit Sanders, Sheriff, Cobb County

Fifth Circuit

Arthur M. Wooten v. Kermit Sanders, Sheriff, Cobb County

572 F.2d 500, 1978 U.S. App. LEXIS 11341

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 4, 1978

Docket77-3236

StatusPublished

Cited by6 cases

This text of 572 F.2d 500 (Arthur M. Wooten v. Kermit Sanders, Sheriff, Cobb County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Arthur M. Wooten v. Kermit Sanders, Sheriff, Cobb County, 572 F.2d 500, 1978 U.S. App. LEXIS 11341 (5th Cir. 1978).

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Opinion

PER CURIAM:

For the reasons stated therein, the order of the district court dismissing plaintiff’s action as untimely was correct.

*501 Plaintiff’s action under 42 U.S.C.A. §§ 1983 and 1985 alleges that defendants assaulted him and caused him bodily injury when they arrested him. State law controls the limitations period for actions under these sections. Plaintiff claims that in Georgia an action for assault is governed by a three-year common law limitations period. The district court found that the three-year common law period, if it ever existed, was no longer the law of Georgia. Rather, it found that Ga.Code Ann. § 3-1004, which provides a two-year limitations period for “actions for injuries to the person,” was applicable.

Since plaintiff was arrested on May 2, 1975 and released on May 5,1975, but did not bring this action until July 15, 1977, his action is time barred by the two-year limitations period of § 3-1004.

AFFIRMED.

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PER CURIAM:

For the reasons stated therein, the order of the district court dismissing plaintiff’s action as untimely was correct.

*501 Plaintiff’s action under 42 U.S.C.A. §§ 1983 and 1985 alleges that defendants assaulted him and caused him bodily injury when they arrested him. State law controls the limitations period for actions under these sections. Plaintiff claims that in Georgia an action for assault is governed by a three-year common law limitations period. The district court found that the three-year common law period, if it ever existed, was no longer the law of Georgia. Rather, it found that Ga.Code Ann. § 3-1004, which provides a two-year limitations period for “actions for injuries to the person,” was applicable.

Since plaintiff was arrested on May 2, 1975 and released on May 5,1975, but did not bring this action until July 15, 1977, his action is time barred by the two-year limitations period of § 3-1004.

AFFIRMED.

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572 F.2d 500, 1978 U.S. App. LEXIS 11341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-m-wooten-v-kermit-sanders-sheriff-cobb-county-ca5-1978.

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