KIRK v. CRONVICH

No. 79-3898 Summary Calendar.

629 F.2d 404 (1980)

Harriett Duet KIRK, widow of Dalta Ray Kirk, Plaintiff-Appellant, v. Alwynn J. CRONVICH, Individually and in his official capacity as Sheriff of the Parish of Jefferson, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 27, 1980.


Attorney(s) appearing for the Case

Michael H. Piper, III, New Orleans, La., for plaintiff-appellant.

Cronvich, Wambsgans & Michalczyk, A. W. Wambsgans, Metairie, La., for defendant-appellee.

Before GODBOLD, REAVLEY and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge:

This is an action for damages pursuant to 42 U.S.C.A. § 1983 and 28 U.S.C.A. § 1331. The appellant appeals from an order of the district court dismissing her complaint against appellee Alwynn J. Cronvich on the ground that the action was barred by the most analogous state statute of limitations. We reverse and remand.

The relevant facts appear as follows. On March 25, 1977, appellant's husband, Dalta Ray Kirk, took an overdose...

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