Garner v. Stephens
Decision Date | 01 June 1972 |
Docket Number | No. 71-2030.,71-2030. |
Parties | Eliza Chapman GARNER, Plaintiff-Appellant, v. Buel STEPHENS et al., Defendants-Appellees. |
Court | U.S. Court of Appeals — Sixth Circuit |
Henry A. Triplett, Louisville, Ky., for plaintiff-appellant; David N. Everett, Douglas B. Taylor, Hogan, Taylor, Denzer & Bennett, Louisville, Ky., on brief.
Hollis E. Edmonds, Russell Springs, for defendants-appellees; Robert L. Bertram, Jamestown, Ky., on brief.
Before PHILLIPS, Chief Judge, KENT, Circuit Judge, and FEIKENS, District Judge.*
This appeal requires the determination of which Kentucky Statute of Limitations will be applied to a case arising under the Civil Rights Act, 42 U.S.C. § 1983, when there is no claim of physical injury.
The plaintiff (the parties will be referred to as in the court below) is a school teacher in Russell County, Kentucky. Pursuant to a regulation of the Russell County Board of Education she was not permitted to teach during the school year 1968/1969 because she was pregnant on the day the school year began. She gave birth to a child nine days later. The defendants are the members of the Russell County Board of Education.
In 1965 the Board of Education had adopted a regulation which required teachers pregnant at the commencement of the school year to take a full year's leave of absence. Plaintiff did not commence this action until July 1, 1970, when she sued contending that the regulation and the action of the Board violated her Civil Rights. In her prayer for relief plaintiff asked that the regulation be declared null and void and that she be reimbursed for the monetary loss suffered because of the action of the School Board in denying her the right to be a full-time teacher. In her complaint the plaintiff set forth that she had been permitted to act as a substitute teacher and credited the amounts received in computing her monetary loss.
On motion the trial court dismissed the action as being barred by the provisions of KRS 413.140:
because the plaintiff had not commenced her action within the required one year from the date the cause of action accrued. In applying the one year Statute of Limitations of Kentucky the trial court relied upon Krum v. Sheppard, 255 F.Supp. 994 (W.D.Mich., 1966), Aff'd. 407 F.2d 490 (6th Cir. 1967), and Madison v. Wood, 410 F.2d 564 (6th Cir. 1969). Each of these decisions required the application of the three-year Statute of Limitations of the State of Michigan. The law is clear that in determining the Statute of Limitations period applicable to actions based upon Section 1983, which does not by its terms provide a period of limitations, the law of the state in question must be examined to determine the appropriate period. As stated by this Court in Madison v. Wood, 410 F.2d 564, 566 (6th Cir. 1969):
and see also Swan v. Board of Higher Education of the City of New York, 319 F.2d 56, 59 (2nd Cir. 1963), where the Court of Appeals for the Second Circuit stated:
and see Shank v. Spruill, 406 F.2d 756 (5th Cir. 1969).
The sole question before us is, therefore, which Kentucky Statute of Limitations is appropriate for application to an action brought under Section 1983 where no physical injury to the person is involved or claimed.
The Court of Appeals of Kentucky has reviewed the application of the provisions of KRS 413.140, and has interpreted it as being applicable to actions for actual physical injury such as might be contemplated in the normal tort action. In Western Union Telegraph Co. v. Witt, 33 Ky.Law Rep. 685, 110 S.W. 889 (1908), that Court had before it a case in which the plaintiff claimed damages for mental anguish and suffering caused by late delivery of a telegram reporting the death of plaintiff's sister. In determining the application of the predecessor to KRS 413.140 the Court said at 110 S.W. 889, 891:
The Kentucky Court of Appeals reached a similar result in Resthaven Memorial Cemetery, Inc. v. Volk, 286 Ky. 291, 150 S.W.2d 908 (1941), an action for mental suffering allegedly caused by the disinterment and removal to another grave of plaintiff's wife. In a review of the application of the predecessor to KRS 413.140(1) (a), the Kentucky Court stated at 150 S.W.2d 910, 911:
Further on in the same opinion the court said:
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