Demery v. City of Youngstown

818 F.2d 1257, 44 Fair Empl. Prac. Cas. (BNA) 1499, 1987 U.S. App. LEXIS 6116, 43 Empl. Prac. Dec. (CCH) 37,107
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 12, 1987
DocketNo. 86-3261
StatusPublished
Cited by27 cases

This text of 818 F.2d 1257 (Demery v. City of Youngstown) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Demery v. City of Youngstown, 818 F.2d 1257, 44 Fair Empl. Prac. Cas. (BNA) 1499, 1987 U.S. App. LEXIS 6116, 43 Empl. Prac. Dec. (CCH) 37,107 (6th Cir. 1987).

Opinions

KRUPANSKY, Circuit Judge.

Plaintiff-appellant Buetine Demery (Demery) appealed from the district court’s judgment dismissing his civil rights claims as time-barred in this action commenced pursuant to 42 U.S.C. §§ 19811 and 1983. The defendants-appellees are the City of Youngstown, Ohio (Youngstown or City), the Mayor of Youngstown, Patrick Ungaro, and the Youngstown Chief of Police, Randall A. Wellington.

The record disclosed the following facts. Demery, a black male, was awarded a provisional civil service appointment to the position of patrolman in the Youngstown Police Department on October 5, 1981. On July 11, 1982, Demery was on duty at the city jail when a prisoner “escaped,” and on July 12, 1982, Demery was discharged for violating several department rules and regulations with regard to the incident. After his discharge, an investigation was conducted concerning the escape, and Demery was indicted in the Court of Common Pleas for Mahoning County, Ohio for aiding and abetting in the escape. The indictment was later dismissed after the prosecutor determined that insufficient evidence existed to support a conviction.

On April 24, 1985, approximately three years after his discharge, Demery commenced this action seeking relief under 42 U.S.C. §§ 1981 and 1983. On February 18, 1986, the defendants moved for summary judgment, which was granted by the district court on February 21, 1986. The district court determined that the Supreme Court's decision in Wilson v. Garcia, 471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), which directed federal courts to apply each state’s personal injury statute of limitations in § 1983 actions, was equally applicable in § 1981 actions. The court therefore concluded that Demery’s § 1981 action was time-barred under Ohio’s applicable one year personal injury statute of limitations as mandated by Mulligan v. Hazard, 777 F.2d 340 (6th Cir.1985), cert. denied, — U.S. -, 106 S.Ct. 2902, 90 [1258]*1258L.Ed.2d 988 (1986).2 Demery thereafter commenced this timely appeal challenging only the dismissal of his § 1981 claim.

Generally, when Congress has not enacted a statute of limitations expressly applicable to a particular federal cause of action, federal courts will borrow and “apply the most closely analogous statute of limitations under state law.” Del Costello v. International Bhd. of Teamsters, 462 U.S. 151, 158, 103 S.Ct. 2281, 2287, 76 L.Ed.2d 476 (1983). In Wilson v. Garcia, supra, the Supreme Court directed lower federal courts confronted with § 1983 actions to apply each state’s statute of limitations for personal injury actions in determining whether the claims were time-barred.

A catalog of other constitutional claims that have been alleged under § 1983 would encompass numerous and diverse topics and subtopics: discrimination in public employment on the basis of race or the exercise of First Amendment rights, discharge or demotion without procedural due process, mistreatment of schoolchildren, deliberate indifference to the medical needs of prison inmates, the seizure of chattels without advance notice or sufficient opportunity to be heard — to identify only a few. If the choice of the statute of limitations were to depend upon the particular facts or the precise legal theory of each claim, counsel could almost always argue, with considerable force, that two or more periods of limitations should apply to each § 1983 claim. Moreover, under such an approach different statutes of limitations would be applied to the various § 1983 claims arising in the same State, and multiple periods of limitations would often apply to the same case. There is no reason to believe that Congress would have sanctioned this interpretation of its statute.
* * # * * *
Although the need for national uniformity “has not been held to warrant the displacement of state statutes of limitations for civil rights actions,” Board of Regents v. Tomanio, 446 U.S. [478], at 489, 100 S.Ct. [1790] at 1797 [64 L.Ed.2d 440], uniformity within each State is entirely consistent with the borrowing principle contained in § 1988. We conclude that the statute is fairly construed as a directive to select, in each State, the one most appropriate statute of limitations for all § 1983 claims. The federal interests in uniformity, certainty, and the minimization of unnecessary litigation all support the conclusion that Congress favored this simple approach.

105 S.Ct. at 1946-47 (footnotes omitted).

Several circuits have addressed the issue joined herein, and have decided that the reasoning of Wilson v. Garcia is equally applicable to causes of action arising pursuant to 42 U.S.C. § 1981 and that the same statute of limitations mandated by Wilson v. Garcia also applies to actions anchored in § 1981. The Tenth Circuit approached the issue as one analogous to its decision in Garcia v. Wilson, 731 F.2d 640 (10th Cir. 1984) (en banc). In Garcia v. Wilson, the Tenth Circuit concluded that each state’s personal injury statute of limitations governed all § 1983 actions brought within that state, which conclusion was affirmed by the Supreme Court in Wilson v. Garcia, supra. In Equal Employment Opportunity Comm’n v. Gaddis, 733 F.2d 1373, 1377 (10th Cir.1984), the Tenth Circuit determined that its decision in Garcia v. Wilson was applicable to § 1981 actions, thereby requiring the application of the same personal injury statute of limitations in both § 1981 and § 1983 actions:

The rationale supporting our conclusion in Garcia is equally applicable to claims brought under section 1981. “The interests protected and the evil sought to be remedied are similar under both § 1981 and § 1983, and no significant reason exists to justify differentiating between them for limitation purposes.” Accordingly, adopting the analysis set out in Garcia, we hold that all section 1981 claims are in essence actions for injury to personal rights.

Id. at 1377 (citations omitted).

The Third Circuit also concluded that the Supreme Court’s decision in Wilson was applicable to § 1981 actions, and held, “therefore, that the personal injury statute of limitations of the forum state supplies the most analogous statute of limitations for actions brought under § 1981.” Good[1259]*1259man v. Lukens Steel Co., 777 F.2d 113, 120 (3d Cir.1985), cert. granted, — U.S.-, 107 S.Ct. 568, 93 L.Ed.2d 573 (1986). The court reasoned that the direction of 42 U.S.C. § 19883

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818 F.2d 1257, 44 Fair Empl. Prac. Cas. (BNA) 1499, 1987 U.S. App. LEXIS 6116, 43 Empl. Prac. Dec. (CCH) 37,107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demery-v-city-of-youngstown-ca6-1987.