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HAWKINS v. McHUGH

No. 94-30440 Summary Calendar.

46 F.3d 10 (1995)

Lisa H. HAWKINS, Individually and as Natural Tutrix of rpi Jammie K. Hawkins, rpi Latoya F. Hawkins, rpi Johnnie V. Hawkins, and Richard Hawkins, Plaintiffs-Appellants, v. Tom E. McHUGH, Individually and in his official capacity as Mayor of the City of Baton Rouge, Wayne Rogillio, Individually and in his capacity as former Chief of Police of the Baton Rouge Police Department, Sergeant K. Clark, Individually and in his capacity as a member of the Baton Rouge Police Department, and the City of Baton Rouge, La., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 23, 1995.

Attorney(s) appearing for the Case

Everett T. Sanders, Natchez, MS, Charles Taylor, Baton Rouge, for appellants.

Frank J. Gremillion, EBRP Attorney's Office, Francis A. Rougeou, Jr., Baton Rouge, LA, for appellees.

Before SMITH, EMILIO M. GARZA and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

The issue in this case is whether, in an action brought pursuant to 42 U.S.C. § 1983 where the applicable statute of limitations is borrowed from Louisiana law, the filing of a complaint which is later dismissed because it was not served upon the defendant within the 120 days allowed by the former FED.R.CIV.P. 4(j)1 interrupts the prescriptive period and tolls prescription. We hold that it does not...

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