Dye v. City of Warren

367 F. Supp. 2d 1175 (2005) United States District Court for the Northern District of Ohio 2005-04-22

civil; excessive-force suit by motorist against police chief, John Doe officers and city (failure to train); defendants' motions for summary judgment granted (result: claimant-lost)

Facts

  1. 18 Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) not law
    As § 1983 contains no statute of limitations, federal courts apply the most analogous state statute of limitations, which is that for personal injury actions.
  2. 18 Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) not law
    The incident giving rise to Mr. Dye’s complaint occurred on 11 January 2002 and Mr. Dye filed his complaints against Chief Mando-poulos, the City and John Does 1-5 on 23 December 2003.
  3. 18 Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) not law
    Mr. Dye’s complaint falls within the appropriate time limit with regard to the Chief and the City, but as discussed below, not with regard to John Does 1-5.