· 8/9/2012
Dan Richards v. Michael Mitcheff
Citations
- 696 F.3d 635
- 2012 WL 3217627
- 2012 U.S. App. LEXIS 16549
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that suits under 42 U.S.C. § 1983 borrow the statute of limitations for state personal injury claims, which in Indiana is two years
- holding that 42 U.S.C. § 1983 actions borrow the statute of limitations for state personal injury claims, which in Indiana is two years
- explaining that dismissal under Rule 12(c) is appropriate for 15 self-defeating complaints—i.e., complaints “whose allegations show that there is 16 an airtight defense”
- explaining that dismissal under Rule 12(c) is appropriate for self-defeating complaints—i.e., complaints “whose allegations show that there is an airtight defense”
- explaining that a complaint may be dismissed under Rule 12(b)(6) or 12(c) if the complaint's allegations raise an \airtight\ or \impenetrable\ defense \to what would otherwise be a good claim\
- applying Indiana's two-year statute of limitations, Ind. Code § 34-1 1—2—4, for personal injury actions to section 1983 claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Wood, Hamilton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.