Fratus v. Deland

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that district court improperly dismissed pro se prisoner's civil rights complaint by sua sponte raising “statute of limitations defense that was neither patently clear from the face of the complaint nor rooted in adequately developed facts”
• applying abuse of discretion standard to district court determination that plaintiff’s § 1983 claim was time-barred and therefore frivolous under 28 U.S.C. § 1915(d)
• reviewing the district court’s dismissal under § 1915(d) for an abuse of discretion
• “For section 1983 actions, state law determines the appropriate statute of limitations and accompanying tolling provisions.”
• \Utah's four-year residual statute of limitations . . . governs suits brought under [§] 1983.\
• “Utah’s four-year residual statute of limitations, Utah Code Ann. § 78-12-25(3), governs suits brought under [§ ] 1983.”

Source: CourtListener parenthetical corpus (CC0).