· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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