GARMON v. FOUST

No. 80-2206.

668 F.2d 400 (1982)

Mark Alfred GARMON, Appellee, v. Robert FOUST; Robert Ervin and Charles Cramer, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 5, 1982.

Certiorari Denied May 24, 1982.


Attorney(s) appearing for the Case

J. M. Sullivan, Asst. City Atty., Des Moines, Iowa, for appellants.

Gregory L. Biehler, argued, Smith, Schneder & Stiles, Charles S. Lavorato, Des Moines, Iowa, for appellee.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, STEPHENSON, HENLEY, McMILLIAN and ARNOLD, Circuit Judges, En Banc.


Certiorari Denied May 24, 1982. See 102 S.Ct. 2283.

BRIGHT, Circuit Judge.

In this appeal we consider which state statute of limitations applies in a federal civil rights action brought under 42 U.S.C. § 1983: the statute governing an action based on the underlying conduct of the defendant, or the state's general, "catch-all" statute of limitations. Resolving inconsistent applications of the Iowa statutes of limitations in section 1983 actions, we hold...

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