Williams v. Coughlan, 15780.
| Citation | 253 F.2d 284 |
| Decision Date | 28 February 1958 |
| Docket Number | No. 15780.,15780. |
| Parties | James A. WILLIAMS, Appellant, v. C. P. COUGHLAN, Ted McRoberts, Otheal Waitland, La Dessa Nordale, T. N. Gore, and R. J. McNealy, Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
James A. Williams, in pro. per.
George M. Yeager, U. S. Atty., Fairbanks, Alaska, for appellees.
Before HEALY, BONE and ORR, Circuit Judges.
Appellant Williams on the 15th day of October, 1956, caused to be filed in the District Court of Alaska a complaint seeking damages against appellees for alleged wrongful acts. The District Court dismissed the action on the ground that the statute of limitations had run before the action was filed. An appeal was taken to this Court and the judgment of dismissal was affirmed as to appellee Coughlan. Relative to the remaining appellees, this Court was unable to determine their status from the record then before it and took no action as to them.
Subsequently appellant caused the record to be supplemented and this Court of its own motion caused the original complaint to be filed as a part of the record before it.
Appellant has abandoned his appeal as it affects appellees Waitland, Nordale, Gore and McNealy, but prosecutes it insofar as appellee McRoberts, a United States Marshal, is concerned.
The District Court, pursuant to motion duly made, dismissed the action against Ted McRoberts on the ground that the statute of limitations had run before the action was commenced.
The cause of action against McRoberts as alleged in the complaint accrued on the 7th day of July, 1953. At that time appellant was in custody under a sentence of imprisonment. 1949 A.C.L.A. section 55-2-6 provides that "An action against a marshal, coroner, or constable, upon a liability incurred by the doing of an act in his official capacity or in virtue of his office" must be begun "within three years."
If the applicable statute in the instant case can be said to be section 55-2-6, then the elapsed time between July 7, 1953, the date of the accrual of the action, and October 15, 1956, the date the complaint was filed, is more than three years. Appellant in his brief asserts and argues that the complaint was filed on July 15, 1956, but he is clearly mistaken in this.
Alaska has an additional statute of limitations which concerns inmates of prisons. This statute provides:
To continue reading
Request your trial
-
Boag v. Chief of Police, City of Portland, 80-3465
...173, 18 P. 449 (1888). See Hamm v. McKenny, 73 Or. 347, 144 P. 435 (1914); Note, 8 Or.L.Rev. 203, 205 (1979). Cf. Williams v. Coughlan, 253 F.2d 284, 285 (9th Cir. 1958) (construing a practically identical Alaska statute). Since Boag's disability terminated upon his 1977 parole, Section 12.......
-
Williams v. Pierce County Board of Commissioners
...see cases cited in Application of Hodge, 9 Cir., 248 F.2d 843, 844. 2 See Williams v. United States, 9 Cir., 261 F.2d 224; Williams v. Coughlan, 9 Cir., 253 F.2d 284; Williams v. Heritage, 9 Cir., 250 F.2d 390; Williams v. Coughlan, 9 Cir., 244 F.2d 6; Williams v. McNealy, 9 Cir., 239 F.2d ......
- Butler v. New York Central Railroad Company, 12149.
-
Hill v. Gentry
...Mo. 460, 29 S.W. 584; Gray v. Gray, 104 Mo.App. 520, 79 S.W. 505; Hyde v. Nelson, 287 Mo. 130, 229 S.W. 200, 14 A.L.R. 339; Williams v. Coughlan, 9 Cir., 253 F.2d 284. The essence of this Court's jurisdiction over the claim here asserted by plaintiff is diversity of citizenship and requisit......