U.S. Court of Appeals for the Fifth Circuit, 1965

Arnold C. Watson v. Commercial Credit Corporation

Arnold C. Watson v. Commercial Credit Corporation
U.S. Court of Appeals for the Fifth Circuit · Decided February 23, 1965 · Jones, Wisdom, Sheehy
341 F.2d 915; 1965 U.S. App. LEXIS 6464 (Federal Reporter, Second Series)

Arnold C. Watson v. Commercial Credit Corporation

Opinion

PER CURIAM:

The appellant, Arnold C. Watson, brought suit against Commercial Credit Corporation and several individuals alleging, in somewhat ambiguous but probably sufficient language, false arrest, false imprisonment and malicious prosecution, originating in a criminal conviction in a state court of Louisiana. The district court concluded that the Louisiana statute of prescription 1 was applicable and, the prescriptive period of one year having run, the action was barred. A summary judgment for the defendants, appellees here, was granted.

Whether the claims asserted were founded on the substantive law of Louisiana or under the Federal law, the law *916 of prescription of Louisiana fixes the time within which the action must be brought. That period, under the Louisiana law, is one year. The time having run before the suit was commenced, it cannot be maintained. The judgment of the district court is

Affirmed.

1

. “The following actions are also prescribed by one year:

“That * * * resulting from offenses or quasi offenses.” LSA-Civ.Code Art. 3536.

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