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

Arthur M. WOOTEN, Plaintiff-Appellant, v. Kermit SANDERS, Sheriff, Cobb County, Et Al., Defendants-Appellees

Wooten v. Kermit Sanders,, Cobb Cnty., 572 F.2d 500 (5th Cir. 1978)

Court: Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided: May 4, 1978
Docket: No. 77-3236
Judges: Roney, Gee, Fay
Citations: 572 F.2d 5001978 U.S. App. LEXIS 11341

Cited by 5 1 descriptions by later courts Original from court

Opinion — Per Curiam

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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(Section 1983 action for assault governed by § 3-1004)

Whatley v. Dep't of Educ., 673 F.2d 873 (5th Cir. 1982)

Cited by 5 cases

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Relies on it most ⓘ

Wilson v. Garcia471 U.S. 261 (1985)
Homer Williams and Mrs. Faye Williams v. City of Atlanta794 F.2d 624 (11th Cir. 1986)
Paula I. WHATLEY v. DEPARTMENT OF EDUCATION673 F.2d 873 (5th Cir. 1982)
Ernie H. McMillian v. City of Rockmart, Buddy Cagle and Lee Hayes653 F.2d 907 (5th Cir. 1981)
Sturts v. City of Philadelphia529 F. Supp. 434 (E.D. Pa. 1982)

Most recent

Homer Williams and Mrs. Faye Williams v. City of Atlanta794 F.2d 624 (11th Cir. 1986)
Wilson v. Garcia471 U.S. 261 (1985)
Paula I. WHATLEY v. DEPARTMENT OF EDUCATION673 F.2d 873 (5th Cir. 1982)
Sturts v. City of Philadelphia529 F. Supp. 434 (E.D. Pa. 1982)
Ernie H. McMillian v. City of Rockmart, Buddy Cagle and Lee Hayes653 F.2d 907 (5th Cir. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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