Cleavon L. Allen v. Charle King
Cases that cite this one
5 later published cases cite this decision. The 4 that cite it most often are listed here.
- Sanon, Darvenel v. Saint Lucie County Jail (United States District Court for the Southern District of Florida 2025)
- Lietzke v. County of Montgomery, AL (MAG+) (United States District Court for the Middle District of Alabama 2023)
- Nails v. Napier Field Police Department (MAG+) (United States District Court for the Middle District of Alabama 2022)
- Molina v. Satz (United States District Court for the Southern District of Florida 2020)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Appellant, a Florida prison inmate, brought this action for damages under 42 U.S.C. § 1983 against the appellee police officers for allegedly using excessive force in arresting him on August 26, 1997. The district court, acting sua sponte, dismissed his complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) on the ground that his claim is barred by Florida’s four-year statute of limitations. He now appeals the court’s ruling.
There is no specific statute of limitations period for actions brought under § 1983. Owens v. Okure, 488 U.S. 235, 239, 109 S.Ct. 573, 576, 102 L.Ed.2d 594 (1989). Instead, the statute of limitations period for § 1983 claims is determined by the state’s statute of limitations for personal injury claims. Id. at 240-41, 109 S.Ct. 573. “Florida’s four-year statute of limitations [period] applies to” § 1983 claims. Chappell v. Rich, 340 F.3d 1279, 1283 (11th Cir. 2003).
Appellant’s § 1983 claim arose on August 26, 1997. He delivered his law suit to prison officials for filing on September 6, 2006, nine years later. His claim is time-barred.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.