Opinion · Court of Appeals for the Sixth Circuit
Howard Walter Williams v. John J. Hollins, Assistant Attorney General for Davidson County, Tenn., and Bethel James Qualls, a Police Officer
428 F.2d 1221
- Type
- Opinion
- Court
- Court of Appeals for the Sixth Circuit
- Jurisdiction
- Federal
- Date
- 1970-01-07
- Topic
- general
PER CURIAM: Howard Walter Williams, Plaintiff in the District Court, appeals from dismissal of his complaint for damages against Appellees John J. Hollins and Bethel James Qualls. His complaint charged that these persons conspired and acted together to deprive him of his civil rights, secured to him in Title 42, U.S. C.A. Section 1983.
Citator
UpLaw has not yet analyzed Howard Walter Williams v. John J. Hollins, Assistant Attorney General for Davidson County, Tenn., and Bethel James Qualls, a Police Officer. The absence of a flag is not a finding that it is good law.
- Cited by
- 13 opinions
WILLIAMS v. HOLLINS,428 F.2d 1221(6th Cir. 1970)
Howard Walter WILLIAMS, Plaintiff-Appellant, v. John J. HOLLINS, Assistant
Attorney General for Davidson County, Tenn., and Bethel James Qualls, a
Police Officer, Defendants-Appellees.
No. 19548.
United States Court of Appeals, Sixth Circuit.
January 7, 1970.
James F. Neal, Nashville, Tenn., on brief for defendant-appellee Hollins.
Paul F. Bumpus, Nashville, Tenn., on brief for defendant-appellee Qualls.
Before WEICK and EDWARDS, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.
In Mulligan v. Schlachter,389 F.2d 231,233(6th Cir. 1968) this Court held:
"Since the Civil Rights Act itself contains no limitation period, the courts will look to the most analogous statute of limitations where the cause of action arose."
There we dealt with the Michigan statute which had a provision that the statute of limitations does not apply if the cause of action arose while the prospective complainant is in jail. We held, however, that since the cause of action of the plaintiff did not arise while he was in jail, the statute was not tolled. Crawford v. Zeitler,326 F.2d 119(6th Cir. 1964).
Tennessee has no statute tolling the statute of limitations while a prospective complainant is in jail.Page 1222
In Jones v. Bombeck,375 F.2d 737(3rd Cir. 1967) the Court said:
"We can discern no reason why the statute should be tolled because the appellant was incarcerated."375 F.2d at 739.
The judgment of the District Court is affirmed.Page 78