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THOMAS v. CITY OF NEW ALBANY

No. 89-4871 Summary Calendar.

901 F.2d 476 (1990)

Daniel THOMAS, Individually and as next friend to Annette Thomas, Plaintiff-Appellant, v. CITY OF NEW ALBANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 18, 1990.

Attorney(s) appearing for the Case

David G. Hill, Oxford, Miss., for plaintiff-appellant.

Roger H. McMillin, Jr., Robert M. Carter, New Albany, Miss., for defendants-appellees.

Before GEE, DAVIS, and JONES, Circuit Judges.

PER CURIAM:

His Section 1983 action for use of excessive force by city police dismissed on limitations grounds, Daniel Thomas appeals. The sole issue is which of two Mississippi limitations periods applies, the one-year statute applicable to intentional torts or the six-year residual statute governing claims of a sort not treated elsewhere. The material facts are undisputed. We reverse.

The incident of which Mr. Thomas complains took place on November 29,...

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