Jesse L. Allen and Constance G. Allen v. Lee A. Gifford and Charles R. Samuels

Fourth Circuit

Jesse L. Allen and Constance G. Allen v. Lee A. Gifford and Charles R. Samuels

462 F.2d 615, 1972 U.S. App. LEXIS 8856

Court of Appeals for the Fourth Circuit·Decided June 21, 1972·No. 72-1234·Published·Cited by 32 cases

Opinion

PER CURIAM:

Jesse L. Allen and Constance G. Allen appeal from an order of the district court which held that their complaint charging racial discrimination in the sale of real estate in violation of 42 U.S.C. § 1982 was barred by Virginia’s one-year statute of limitations. The complaint, which seeks compensatory and punitive damages, alleges that the Allens suffered humiliation, emotional stress, and anxiety when the defendants initially refused to sell them a house. Later the Al-lens succeeded in purchasing a home in the subdivision the defendants were developing.

While this appeal was pending, we held, in Almond v. Kent, 459 F.2d 200 (4th Cir., 1972), that the state’s two-year statute applies to actions brought under 42 U.S.C. § 1983 for personal injuries. Both § 1982 and § 1983 were enacted to redress the infringement of civil rights. Both allow the recovery of damages for personal wrongs. We conclude, therefore, that the reasons stated in Almond for applying Virginia’s two-year statute of limitations to actions under § 1983 make the same limitation period appropriate for personal injury suits based on § 1982.

Accordingly, the judgment of the district court is vacated, and this ease is remanded for further proceedings. Each party shall bear his own costs.

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PER CURIAM:

Jesse L. Allen and Constance G. Allen appeal from an order of the district court which held that their complaint charging racial discrimination in the sale of real estate in violation of 42 U.S.C. § 1982 was barred by Virginia’s one-year statute of limitations. The complaint, which seeks compensatory and punitive damages, alleges that the Allens suffered humiliation, emotional stress, and anxiety when the defendants initially refused to sell them a house. Later the Al-lens succeeded in purchasing a home in the subdivision the defendants were developing.

While this appeal was pending, we held, in Almond v. Kent, 459 F.2d 200 (4th Cir., 1972), that the state’s two-year statute applies to actions brought under 42 U.S.C. § 1983 for personal injuries. Both § 1982 and § 1983 were enacted to redress the infringement of civil rights. Both allow the recovery of damages for personal wrongs. We conclude, therefore, that the reasons stated in Almond for applying Virginia’s two-year statute of limitations to actions under § 1983 make the same limitation period appropriate for personal injury suits based on § 1982.

Accordingly, the judgment of the district court is vacated, and this ease is remanded for further proceedings. Each party shall bear his own costs.

Jesse L. Allen and Constance G. Allen v. Lee A. Gifford and Charles R. Samuels, 462 F.2d 615, 1972 U.S. App. LEXIS 8856 (4th Cir. 1972).

Pincite

462 F.2d 615 (Jesse L. Allen and Constance G. Allen v. Lee A. Gifford and Charles R. Samuels) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

12 Fair empl.prac.cas. 314, 11 Empl. Prac. Dec. P 10,728 John Patterson v. The American Tobacco Company, a Division of American Brands, Incorporated, John Patterson v. Tobacco Workers' International Union, an Unincorporated Association and Local 182, Tobacco Workers' International Union, an Unincorporated Association, John Patterson v. The American Tobacco Company, a Division of American Brands, Incorporated, Equal Employment Opportunity Commission v. Local 182, Tobacco Workers' International Union (Afl-Cio), Equal Employment Opportunity Commission v. American Brands, Inc., D/B/A American Tobacco Company, Inc.

535 F.2d 257 (Fourth Circuit, 1976)

11 Fair empl.prac.cas. 836, 11 Empl. Prac. Dec. P 10,710

530 F.2d 539 (Fourth Circuit, 1975)

Opinion

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