· 5/21/2008
Whitt v. Stephens County
Citations
- 529 F.3d 278
- 2008 U.S. App. LEXIS 10881
- 2008 WL 2122814
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that any amendment to the complaint would be futile because the claims were time-barred
- explaining that the statute of limitations in a § 1983 action is determined by the state’s limitations period, which is two years in Texas
- finding that an officer who knew that a detainee might have a mental health issue was not deliberately indifferent because the other facts did not indicate a substantial risk of harm
- granting the plaintiff’s motion for leave to add new defendants “would have been futile because the statute of limitations barred actions against the [new] defendants”
- delay in amending complaint to name John Doe defendants caused by counsel’s incapacitating medical condition and hospitalization was insufficient for equitable tolling
- “[A]n inference of spoliation, in combination with some (not insubstantial) evidence for the plaintiff’s cause of action, can allow the plaintiff to survive summary judgment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Prado, Yeakel
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.