KISSINGER v. FOTI

No. 76-2379 Summary Calendar.

544 F.2d 1257 (1977)

William R. KISSINGER, Plaintiff-Appellant, v. Charles C. FOTI, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 10, 1977.


Attorney(s) appearing for the Case

William R. Kissinger, pro se.

T. Allen Usry, New Orleans, La., for defendants-appellees.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.


PER CURIAM:

Plaintiff prisoner filed an action under 42 U.S.C.A. § 1983 for damages for an alleged beating incident in a Louisiana jail on or about April 18, 1974. Suit was not filed until February 12, 1976, greatly in excess of one year from the alleged tort.

In actions such as this, since Section 1983 has no provision limiting the time within which an action may be brought, the applicable statute of limitations is that which the state would apply if...

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