Wooten v. Sanders, 77-3236
| Decision Date | 04 May 1978 |
| Docket Number | No. 77-3236,77-3236 |
| Citation | 572 F.2d 500 |
| Parties | Arthur M. WOOTEN, Plaintiff-Appellant, v. Kermit SANDERS, Sheriff, Cobb County, et al., Defendants-Appellees. Summary Calendar. * |
| Court | U.S. Court of Appeals — Fifth Circuit |
George N. Sparrow, Jr., E. Wayne Wallhausen, East Point, Ga., for plaintiff-appellant.
Toby B. Prodgers, Marietta, Ga., George H. Connell, Jr., Atlanta, Ga., for Kermit Sanders.
Appeal from the United States District Court for the Northern District of Georgia.
Before RONEY, GEE and FAY, Circuit Judges.
For the reasons stated therein, the order of the district court dismissing plaintiff's action as untimely was correct.
Plaintiff's action under 42 U.S.C.A. §§ 1983 and 1985 alleges that defendants assaulted him and caused him bodily injury when they arrested him. State law controls the limitations period for actions under these sections. Plaintiff claims that in Georgia an action for assault is governed by a three-year common law limitations period. The district court found that the three-year common law period, if it ever existed, was no longer the law of Georgia. Rather, it found that Ga.Code Ann. § 3-1004, which provides a two-year limitations period for "actions for injuries to the person," was applicable.
Since plaintiff was arrested on May 2, 1975 and released on May 5, 1975, but did not bring this action until July 15, 1977, his action is time barred by the two-year limitations period of § 3-1004.
AFFIRMED.
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Wilson v. Garcia
...Kentucky statute); and Whatley v. Department of Education, 673 F.2d 873, 877 (CA5 1982) (20-year Georgia statute), with Wooten v. Sanders, 572 F.2d 500, 501 (CA5 1978) (2-year Georgia statute). 33 For example, in Polite v. Diehl, 507 F.2d 119 (CA3 1974) (en banc), the plaintiff alleged that......
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Sturts v. City of Philadelphia, Civ. A. No. 81-1022.
...the period of limitations provided by state law must be applied. Taylor v. Mayone, 626 F.2d 247, 249 (2d Cir. 1980); Wooten v. Sanders, 572 F.2d 500, 501 (5th Cir. 1978); Eubanks v. Clarke, 434 F.Supp. 1022, 1029 (E.D.Pa. 1977); Henig v. Odorioso, 256 F.Supp. 276 (E.D.Pa.), affirmed, 385 F.......
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Whatley v. Department of Educ.
...3-1004, providing a two-year period for personal injury claims, was the most analogous limitation period. See also Wooten v. Sanders, 572 F.2d 500 (5th Cir. 1978) (Section 1983 action for assault governed by § 3-1004). The "essential nature" of appellant's claim in this case is employment d......
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Williams v. City of Atlanta
...case. See Shank v. Spruill, 406 F.2d 756 (5th Cir.1969) (wrongful arrest case; court applied personal injury statute); Wooten v. Sanders, 572 F.2d 500 (5th Cir.1978) (excessive force in arrest case; court applied personal injury statute); Neel v. Rehberg, 577 F.2d 262 (5th Cir.1978) (prison......