Lathon v. Parish of Jefferson, Civ. A. No. 72-562.
| Court | United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana) |
| Writing for the Court | Joseph J. Laura, Jr., New Orleans, La., for Gairrusso |
| Citation | 358 F. Supp. 558 |
| Parties | Archie Preston LATHON, Plaintiff, v. PARISH OF JEFFERSON et al., Defendants. |
| Docket Number | Civ. A. No. 72-562. |
| Decision Date | 06 April 1973 |
358 F. Supp. 558
Archie Preston LATHON, Plaintiff,
v.
PARISH OF JEFFERSON et al., Defendants.
Civ. A. No. 72-562.
United States District Court, E. D. Louisiana.
April 6, 1973.
R. M. Michalczyk, A. W. Wambsgans, Metairie, La. for Cronvich and Reed.
Joseph J. Laura, Jr., New Orleans, La., for Gairrusso.
REASONS
CASSIBRY, District Judge.
The plaintiff in this case seeks to hold the various defendants here liable in damages for allegedly illegal conduct that occurred in connection with his arrest for certain drug offenses. The plaintiff's complaint asserts that his warrantless arrest was tainted by an illegal wiretap and an illegal search. He alleges further that certain of the defendants lied about these circumstances at his trial, as a direct consequence of which he was found guilty of the offenses in question and sentenced to a term in prison which he is now serving.
The various defendants raise different objections to the sufficiency of these allegations. The defendant Giarrusso alleges that he played no personal role in the events in question and that the only way he could be held liable for any illegal acts would be if he had had a direct personal involvement in them. This contention is correct. The doctrine of respondeat superior has no place in a civil rights action brought under § 1983. (Bennett v. Gravelle, D.Md.1971, 323 F. Supp. 203; Sanberg v. Daley, N.D.Ill. 1969, 306 F.Supp. 277; Salazar v. Dowd, D.Colo.1966, 256 F.Supp. 220; Jordan v. Kelly, W.D.Mo.1963, 223 F.Supp. 731), and plaintiff has failed to allege any facts showing that defendant Giarrusso personally acted under color of law to deprive plaintiff of rights, privileges and immunities secured by the United States Constitution. The absence of such allegations is fatal to the complaint. Peoples Cab Co. v. Bloom, W.D.Pa.1971, 330 F.Supp. 1235. Consequently that defendant's motion to dismiss must be granted.
The defendants Reed and Cronvich launch a broader attack on the sufficiency of the plaintiff's complaint. They first assert that the plaintiff's cause of action is prescribed, as the arrest upon which it is based occurred more than one year prior to the commencement of this action, and the state-derived limitations period applicable to this suit is the one-year period governing offenses and quasi-offenses contained in La.Civ.Code Art. 3536. While I believe that this position is correct as to any cause of action sounding in false arrest, Meyers v....
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Martinez v. Winner, No. 82-BJ-199.
...denied 444 U.S. 907, 100 S.Ct. 220, 62 L.Ed.2d 143; Cavett v. Ellis, 578 F.2d 567, 569 (5th Cir. 1978); Lathon v. Parish of Jefferson, 358 F.Supp. 558, 560 The courts have repeatedly emphasized that "so far as convictions obtained in the federal courts are concerned, the general rule is tha......
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Padover v. Gimbel Bros., Inc., Civ. A. No. 75-120.
...Mathis v. Pratt, 375 F.Supp. 301 (N.D.Ill.1974); Boyden v. Troken, 358 F.Supp. 906 (N.D.Ill.1973); Lathon v. Jefferson Parish, 358 F.Supp. 558 (E.D.La. 1973); Barnes v. Dorsey, 354 F.Supp. 179 (E.D. Mo.), aff'd, 480 F.2d 1057 (8th Cir. 1973); Ashenhurst v. Carey, 351 F.Supp. 708 (N.D.Ill. 1......
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Fletcher v. Union Pac. R. Co., No. 79-1472
...may not begin to run even when the tort is complete. Stuebig v. Hammel, 446 F.Supp. 31, 35 (M.D.Pa.1977); Lathon v. Parish of Jefferson, 358 F.Supp. 558, 559 (E.D.La.1973); 4 Restatement of Torts 2d § 899c. The statute of limitations may be tolled until the tortious conduct ceases, on the t......
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Illinois Central Gulf R. Co. v. Boardman, No. 53767
...may not begin to run even when the tort is complete. Stuebig v. Hammel, 446 F.Supp. 31, 35 (M.D.Pa.1977); Lathon v. Parish of Jefferson, 358 F.Supp. 558, 559 (E.D.La.1973); 4 Restatement of Torts 2d Sec. 899c. The statute of limitations may be tolled until the tortious conduct ceases, on th......
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Martinez v. Winner, No. 82-BJ-199.
...denied 444 U.S. 907, 100 S.Ct. 220, 62 L.Ed.2d 143; Cavett v. Ellis, 578 F.2d 567, 569 (5th Cir. 1978); Lathon v. Parish of Jefferson, 358 F.Supp. 558, 560 The courts have repeatedly emphasized that "so far as convictions obtained in the federal courts are concerned, the general rule is tha......
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Padover v. Gimbel Bros., Inc., Civ. A. No. 75-120.
...Mathis v. Pratt, 375 F.Supp. 301 (N.D.Ill.1974); Boyden v. Troken, 358 F.Supp. 906 (N.D.Ill.1973); Lathon v. Jefferson Parish, 358 F.Supp. 558 (E.D.La. 1973); Barnes v. Dorsey, 354 F.Supp. 179 (E.D. Mo.), aff'd, 480 F.2d 1057 (8th Cir. 1973); Ashenhurst v. Carey, 351 F.Supp. 708 (N.D.Ill. 1......
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Fletcher v. Union Pac. R. Co., No. 79-1472
...may not begin to run even when the tort is complete. Stuebig v. Hammel, 446 F.Supp. 31, 35 (M.D.Pa.1977); Lathon v. Parish of Jefferson, 358 F.Supp. 558, 559 (E.D.La.1973); 4 Restatement of Torts 2d § 899c. The statute of limitations may be tolled until the tortious conduct ceases, on the t......
-
Illinois Central Gulf R. Co. v. Boardman, No. 53767
...may not begin to run even when the tort is complete. Stuebig v. Hammel, 446 F.Supp. 31, 35 (M.D.Pa.1977); Lathon v. Parish of Jefferson, 358 F.Supp. 558, 559 (E.D.La.1973); 4 Restatement of Torts 2d Sec. 899c. The statute of limitations may be tolled until the tortious conduct ceases, on th......