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· 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 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.