Campbell v. Kelly
Campbell v. Kelly
Opinion of the Court
OPINION
Appellant Bernard Campbell, proceeding pro se, filed a civil rights action against several Philadelphia police officers, Philadelphia District Attorney Lynne Abraham and Assistant District Attorney Lee Kaplan alleging that the police officers used excessive force and arrested him without probable cause, and that they conspired with Abraham and Kaplan to falsely arrest him and initiate a criminal prosecution against him without probable cause. Campbell also asserted various state law claims.
The District Court granted Abraham’s and Kaplan’s motion to dismiss the claims against them in their official capacities, and the claims against them in their individual capacities based upon the initiation of criminal charges. The District Court later granted motions for summary judgment in favor of the police officers and Abraham and Kaplan on Campbell’s remaining civil rights claims, finding them barred by the applicable statute of limitations. The District Court also dismissed Campbell’s state law claims pursuant to 28 U.S.C. § 1367(c)(3). Campbell now appeals the District Court’s order granting summary judgment for the Appellees.
As recognized by the District Court, a two-year statute of limitations applies to Campbell’s civil rights action. See Wilson v. Garcia, 471 U.S. 261, 276, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985) (holding that the statute of limitations applicable to personal injury claims in the state where the alleged constitutional violation occurred applies in a federal civil rights action); 42 Pa. Cons.Stat. Ann. § 5524 (providing for a two-year statute of limitations for personal injury claims in Pennsylvania). The statute of limitations began to run on the date of Campbell’s arrest. See Montgomery v. De Simone, 159 F.3d 120, 126 (3d Cir. 1998) (holding that a civil rights action alleging false arrest was time barred where it was filed more than two years after the date of the arrest).
Campbell was arrested on February 12, 2000. He filed his complaint on August 16,
Accordingly, because this appeal is frivolous, we will dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B).
. The District Court also did not abuse its discretion in denying Campbell's "Motion for Deferment” seeking to stay his case until his criminal proceedings were resolved. In his motion, Campbell stated that he had limited access to legal materials, and that a motion for a new trial was pending. The District Court concluded that a stay would be inappropriate because there were two motions for summary judgment pending which raised issues unrelated to those raised in the stay motion. Finally, Campbell has filed a motion for appointment of counsel. Because his appeal lacks arguable merit, we deny his motion for appointment of counsel. See Tabron v. Grace, 6 F.3d 147, 155 (3d Cir. 1993) (stating that in determining whether to appoint counsel, it must first appear that the plaintiff's claim has some merit).
Reference
- Full Case Name
- Bernard CAMPBELL v. KELLY, Badge No. 3814, Individually and as a Police Officer of the City of Philadelphia Gilbert, Badge 9835, Individually and as a Police Officer of the City of Philadelphia Keilly, Badge 1784, Individually and as a Police Officer of the City of Philadelphia Kravitz, Badge 3497, Individually and as a Police Officer of the City of Philadelphia Sergeant, (John Doe), 25th District, Individually, and as a Police Officer of the City of Philadelphia Post Commander, (John Doe), 25th District, Individually and as a Police Officer of the City of Philadelphia Lynne Abraham, Individually and as Head District Attorney of the City of Philadelphia Lee Kaplan, Individually and as a District Attorney of the City of Philadelphia
- Status
- Published