Krum v. Sheppard, No. 17389.

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtWEICK, , and PECK and COMBS, Circuit
Citation407 F.2d 490
PartiesJean Cobb KRUM, Plaintiff-Appellant, v. Richard D. SHEPPARD and Gordon P. Hurley, Jointly and Severally, Defendants-Appellees.
Docket NumberNo. 17389.
Decision Date03 November 1967

407 F.2d 490 (1967)

Jean Cobb KRUM, Plaintiff-Appellant,
v.
Richard D. SHEPPARD and Gordon P. Hurley, Jointly and Severally, Defendants-Appellees.

No. 17389.

United States Court of Appeals Sixth Circuit.

November 3, 1967.


407 F.2d 491

Charles C. Wickett, Kalamazoo, Mich. (Wickett, Erickson & Beach, Kalamazoo, Mich., on the brief), for appellant.

Curtis G. Beck, Lansing Mich. (Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., on the brief), for appellees.

Before WEICK, Chief Judge, and PECK and COMBS, Circuit Judges.

ORDER

The occurrence out of which this and its predecessor criminal and civil actions arose appear in detail in People v. Krum, 374 Mich. 356, 132 N.W.2d 69 (1965) and are summarized in the opinion of the District Court from which this appeal was perfected (Krum v. Sheppard, 255 F.Supp. 994 (1966)). Therefore suffice it to here only state that following an altercation with Michigan state police officers (the defendants-appellees), plaintiff-appellant was charged, tried and convicted of interfering with an officer in the performance of his duties. That conviction was sustained in People v. Krum, supra. Plaintiff-appellant thereafter brought action against these defendants in the Circuit Court for the County of Mackinac, Michigan, for damages for false arrest, illegal search and malicious prosecution. No appeal was taken from the order dismissing that action.

Subsequently the present action was filed in the United States District Court for the Western District of Michigan, Southern Division. Although alleging the same occurrence alleged in the civil action in the state Circuit Court, the District Court action was bottomed upon appellant's deprivation of civil rights by appellees in violation of 42 U.S.C. §§ 1983 and 1985. Appeal to this court followed dismissal by the District Court.

District Judge Noel P. Fox sustained a motion of the defendants to dismiss on the ground that the Michigan Statute of Limitations is a bar to this action. We are in accord with this conclusion, and it is ordered that the judgment of the District Court be affirmed for the reasons set forth in Judge Fox's opinion (Krum v. Sheppard, supra).

To continue reading

Request your trial
25 practice notes
  • Bergman v. United States, No. G 77-6.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • November 19, 1982
    ...Plaintiffs' claims are time barred. Crawford v. Zeitler, 326 F.2d 119 (CA 6 1964); Krum v. Sheppard, 255 F.Supp. 994 (WD Mich.1966), aff'd 407 F.2d 490 (CA 6 1967). Kilgore v. City of Mansfield, Ohio, 679 F.2d 632 (CA 6 1982). Accordingly, I am bound to apply Michigan law to the instant que......
  • Citizens for Pre-Trial Justice v. Goldfarb, PRE-TRIAL
    • United States
    • Court of Appeal of Michigan (US)
    • February 20, 1979
    ...the injunction to prohibit this practice. 5 Defendants' brief, p. 11. 6 Krum v. Sheppard, 255 F.Supp. 994 (W.D.Mich., 1966), Aff'd, 407 F.2d 490 (CA 6, 7 Madison v. Wood, 410 F.2d 564 (CA 6, 1969). 8 See note 3, Supra. 9 The court's order also included one William Jones, who has since settl......
  • Mudge v. Macomb County, Docket No. 103985
    • United States
    • Supreme Court of Michigan
    • July 1, 1998
    ...is three years under M.C.L. § 600.5805(8); M.S.A. § 27A.5805. See, e.g., Krum v. Sheppard, 255 F.Supp. 994, 997 (W.D.Mich., 1966), aff'd. 407 F.2d 490, 491 (C.A.6, 31 Whether Brown also has a cause of action under § 1983 will turn on the determination whether he may collaterally attack the ......
  • Gaborik v. Rosema, No. K 83-406.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • December 28, 1984
    ...of Michigan will be applied. Marlowe v. Fisher Body, 489 F.2d 1057 (CA6 1973); Krum v. Sheppard, 255 F.Supp. 994 (WD Mich 1966), aff'd, 407 F.2d 490 (CA6 1967); Kilgore v. City of Mansfield, Ohio, 679 F.2d 632 (CA6 M.C.L.A. § 600.5805(5) provides: The period of limitations is 2 years for an......
  • Request a trial to view additional results
25 cases
  • Bergman v. United States, No. G 77-6.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • November 19, 1982
    ...Plaintiffs' claims are time barred. Crawford v. Zeitler, 326 F.2d 119 (CA 6 1964); Krum v. Sheppard, 255 F.Supp. 994 (WD Mich.1966), aff'd 407 F.2d 490 (CA 6 1967). Kilgore v. City of Mansfield, Ohio, 679 F.2d 632 (CA 6 1982). Accordingly, I am bound to apply Michigan law to the instant que......
  • Citizens for Pre-Trial Justice v. Goldfarb, PRE-TRIAL
    • United States
    • Court of Appeal of Michigan (US)
    • February 20, 1979
    ...the injunction to prohibit this practice. 5 Defendants' brief, p. 11. 6 Krum v. Sheppard, 255 F.Supp. 994 (W.D.Mich., 1966), Aff'd, 407 F.2d 490 (CA 6, 7 Madison v. Wood, 410 F.2d 564 (CA 6, 1969). 8 See note 3, Supra. 9 The court's order also included one William Jones, who has since settl......
  • Mudge v. Macomb County, Docket No. 103985
    • United States
    • Supreme Court of Michigan
    • July 1, 1998
    ...is three years under M.C.L. § 600.5805(8); M.S.A. § 27A.5805. See, e.g., Krum v. Sheppard, 255 F.Supp. 994, 997 (W.D.Mich., 1966), aff'd. 407 F.2d 490, 491 (C.A.6, 31 Whether Brown also has a cause of action under § 1983 will turn on the determination whether he may collaterally attack the ......
  • Gaborik v. Rosema, No. K 83-406.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • December 28, 1984
    ...of Michigan will be applied. Marlowe v. Fisher Body, 489 F.2d 1057 (CA6 1973); Krum v. Sheppard, 255 F.Supp. 994 (WD Mich 1966), aff'd, 407 F.2d 490 (CA6 1967); Kilgore v. City of Mansfield, Ohio, 679 F.2d 632 (CA6 M.C.L.A. § 600.5805(5) provides: The period of limitations is 2 years for an......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT