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· 6/27/2005

Ronald Wolfe, Jr. v. Allan Perry

Citations

  • 412 F.3d 707
  • 2005 U.S. App. LEXIS 12677

How courts have described this case

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

  • holding that, under 42 U.S.C. § 1988, that “a nonprevailing plaintiff’s ability to pay may be used as a factor to determine the size of the award, but not whether an award is appropriate in the first place”
  • explaining that the statute of limitations for § 1983 claims brought in Michigan is the state’s three-year statute of limitations for personal- injury claims
  • finding that courts can consider financial condition of pro se plaintiff when assessing appropriate amount of attorney’s fees under identical attorney’s fees standard, 42 U.S.C. § 1988(b) and collecting cases
  • stating that, because there is no applicable “statute of limitations governing § 1983 actions, federal courts must borrow the statute of limitations governing personal injury actions in the state in which the section 1983 action was brought.”
  • applying federal accrual rules to a § 1983 claim and Michigan’s accrual rules to a Michigan civil rights claim
  • reversing a district court’s determination that the complaint was filed after the statute of limitations had run

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Gibbons, Mills

Read full opinion on CourtListener

Sourced 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.