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eBook details

• Title: Franks v. Moores
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 20, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 48 KB

Description

Order BEFORE: Celebrezze, Engel and Keith, Circuit Judges Appellants have brought this appeal from a judgment of the district court dismissing their 42 U.S.C. § 1983 action for damages stemming from an October 4, 1975 incident where, in the course of a warrantless arrest of Mr. Franks the defendant, a Cleves, Ohio police officer, is alleged to have forcibly entered the appellants' house and beaten Mr. Franks. The district court found appellants' claim, filed some 21 months after the cause of action accrued, to have been barred by the one-year limitation period of O.R.C. § 2305.11. Because 42 U.S.C. § 1983 does not provide its own statute of limitations courts must look to the most closely analogous statutes of limitations of the states in which they it; O'Sullivan v. Felix, 233 U.S. 318 (1914); Carmicle v. Weddle, 555 F.2d 554 (6th Cir. 1977). This Court has considered the certified record as developed in the district court and the briefs of the parties and concludes that the cause of action alleged herein clearly suggests that the analogous state action would be one for assault and battery and false imprisonment, which tort action would be subject to the limitation period of O.R.C. § 2305.11, cf. Austin v. Brammer, 555 F.2d 142 (6th Cir. 1977); therefore, appellants' action was untimely filed. The Court rejects appellants' contention that they have made out a federal cause of action directly under the 14th amendment which is independent of any state period of limitations; cf. Gordon v. City of Warren, 579 F.2d 386, 391 (6th Cir. 1978).

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