Summary
affirming district court decision which discussed the applicability of a five-year limitations period for prisoner § 1983 claims, citing Sulik and Mo. Rev. Stat. § 516.120
Summary of this case from Davis v. RubleOpinion
21-3388
10-06-2022
Lance Gerald Milliman Plaintiff-Appellant v. Howell County, Missouri; Robert David Ray, Associate Circuit Court Judge, 37th Judicial Circuit; Michael P. Hutchings, Prosecuting Attorney, Howell Co., Missouri; Bethany Hanson Turner, Public Defender, 37th Judicial District; Scott L Nelson, Patrol Trooper, Missouri State Highway Patrol; Levi Stoops, Commercial Vehicle Inspector, Missouri Highway Patrol Defendants-Appellees
Unpublished
Submitted: September 27, 2022
Appeal from United States District Court for the Western District of Missouri - Springfield
Before LOKEN, GRUENDER, and BENTON, Circuit Judges.
PER CURIAM.
Lance Gerald Milliman appeals after the district court dismissed his pro se 42 U.S.C. § 1983 complaint. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri.
This court has considered the parties' arguments on appeal and concludes that dismissal was appropriate because the claims were time-barred under any applicable statute of limitations. See Humphrey v. Eureka Gardens Pub. Facility Bd., 891 F.3d 1079, 1081 (8th Cir. 2018) (de novo review of dismissal of claim as time-barred); Kelly v. City of Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016) (de novo review of grant of motion to dismiss under Fed.R.Civ.P. 12(b)(6)); see also Mo. Rev. Stat. § 516.120 (5-year limitations period for personal injury actions); Wallace v. Kato, 549 U.S. 384, 388 (2007) (in § 1983 action, a court looks to the statute of limitations that state law provides for personal-injury torts); Sulik v. Taney Cnty., Mo., 393 F.3d 765, 767 (8th Cir. 2005) (Missouri's five-year statute of limitations for personal injury actions applies in § 1983 claims); cf. Mo. Rev. Stat. §§ 516.130 (3-year limitations period for actions against public officers), 516.140 (2-year limitations period for, inter alia, false imprisonment).
The judgment is affirmed. See 8th Cir. R. 47B. Milliman's pending motion for sanctions and other relief is denied as moot.