925 F.2d 1299 (10th Cir. 1991), 90-3284, Johnson v. Johnson County Com'n Bd.

Docket Nº:90-3284, 90-3285.
Citation:925 F.2d 1299
Party Name:John JOHNSON, Jr., Plaintiff-Appellant, v. JOHNSON COUNTY COMMISSION BOARD, Johnson County Jury Service and Selection Board, Defendants-Appellees. John JOHNSON, Jr., Plaintiff-Appellant, v. CITY OF OVERLAND PARK, KANSAS, Overland Park City Commission Board & Commissioner, Overland Park City Commission Board Members & Commissioners, Defendants-Appel
Case Date:February 19, 1991
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 1299

925 F.2d 1299 (10th Cir. 1991)

John JOHNSON, Jr., Plaintiff-Appellant,

v.

JOHNSON COUNTY COMMISSION BOARD, Johnson County Jury Service

and Selection Board, Defendants-Appellees.

John JOHNSON, Jr., Plaintiff-Appellant,

v.

CITY OF OVERLAND PARK, KANSAS, Overland Park City Commission

Board & Commissioner, Overland Park City

Commission Board Members &

Commissioners, Defendants-Appellees.

Nos. 90-3284, 90-3285.

United States Court of Appeals, Tenth Circuit

February 19, 1991

Page 1300

John Johnson, Jr., pro se.

Before LOGAN, MOORE, and BALDOCK, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff John Johnson, Jr. filed a civil rights complaint, pursuant to 42 U.S.C. Sec. 1983, against the Johnson County, Kansas, Commission and its "jury service and selection board," alleging that he was deprived of a fair trial due to systematic racial discrimination in the selection of jury members. He filed a similar action against the City of Overland Park, Kansas, its city commission board and members, alleging that he was deprived of his constitutional rights by Overland Park police during unlawful interrogations, searches and seizures, forceable entries, and an arrest. The district court dismissed both complaints as barred by the two-year statute of limitations covering "an injury to the rights of others" in Kansas. Kan.Stat.Ann. Sec. 60-513(a)(4). The court also denied plaintiff's motions to proceed in forma pauperis on appeal, because it determined that plaintiff's appeals are legally frivolous. We agree with the district court and dismiss the appeals. 1

The incidents on which plaintiff bases his claim against the City of Overland Park and those related defendants occurred in January 1988; plaintiff did not commence the action against them until August 22, 1990. The trial at which the Johnson County defendants allegedly discriminated in the jury selection system occurred in May 1988; plaintiff did not commence the action against them until July 12, 1990. The district court correctly relied upon this court's ruling in Hamilton v. City of Overland

Page 1301

Park, 730 F.2d 613 (10th Cir.1984) (en banc), cert. denied, 471 U.S. 1052, 105 S.Ct. 2111, 85 L.Ed.2d 476 (1985), that the appropriate statute of limitations for Sec. 1983 actions arising in Kansas is two years, under Kan.Stat.Ann. Sec. 60-513(a)(4). Plaintiff's reliance on Sullivan v....

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