Hileman v. Knable, 17038.
Decision Date | 18 March 1968 |
Docket Number | No. 17038.,17038. |
Citation | 391 F.2d 596 |
Parties | Ronald Lee HILEMAN, Appellant, v. Lawrence KNABLE, Jr., Police Officer, Andrew Kurey, Police Officer. |
Court | U.S. Court of Appeals — Third Circuit |
Ronald L. Hileman, pro se.
W. E. Shissler, Nauman, Smith, Shissler & Hall, Harrisburg, Pa., for appellee.
Before BIGGS, KALODNER and FREEDMAN, Circuit Judges.
Hileman appeals from a judgment dismissing his complaint and denying his motion for additional findings of fact. The suit was brought under the Civil Rights Act, 42 U.S.C. § 1983 and the court below held that Hileman's suit was barred by the applicable statute of limitations and consequently granted appellees', Knable's and Kurey's, motion to dismiss the complaint.
The issue in the case at bar is whether the trial court applied the proper statute of limitation. The complaint alleges:
There being no federal statute of limitations in respect to actions under 42 U.S.C. § 1983, the court below properly held that the Pennsylvania statute of limitations for analogous actions should be applied. Jones v. Bombeck, 375 F. 2d 737 (3 Cir. 1967). Pennsylvania has a one year statute of limitations for actions to recover damages for false arrest and malicious prosecution. 12 P.S. § 51. On the other hand, actions for false imprisonment have been held to fall under the Pennsylvania two-year statute of limitations for personal injury. 12 P.S. § 34; Henig v. Odorioso, 256 F. Supp. 276, 280 (E.D.Pa.1966). Hileman concedes that his complaint against Knable is one for false arrest and thus is barred by the one year statute of limitations for the events complained of occurred on or about September 12-14, 1964 and the complaint was received by the clerk of the court below on September 8, 1966.1 Hileman appeals, however, from the judgment that the suit against Kurey also is one of false arrest rather than false imprisonment and thus too is barred by the Pennsylvania one year statute of limitations.
We will affirm the judgment. As was stated by Judge Flood in Rhoads v. Reading Co., 83 Pa.Dist. & Co.R. 168, 169-170 (C.P.Phila.1952): ...
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