Filed: Jul. 11, 1995
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-20254 Conference Calendar _ JOE R. WALKER, Plaintiff-Appellant, versus L.A. MASTERS, Dr., Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-H-94-3503 - - - - - - - - - - June 30, 1995 Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Because no specified federal statute of limitations exists for 42 U.S.C. § 1983 suits, federa
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-20254 Conference Calendar _ JOE R. WALKER, Plaintiff-Appellant, versus L.A. MASTERS, Dr., Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-H-94-3503 - - - - - - - - - - June 30, 1995 Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Because no specified federal statute of limitations exists for 42 U.S.C. § 1983 suits, federal..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-20254
Conference Calendar
__________________
JOE R. WALKER,
Plaintiff-Appellant,
versus
L.A. MASTERS, Dr.,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-H-94-3503
- - - - - - - - - -
June 30, 1995
Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Because no specified federal statute of limitations exists
for 42 U.S.C. § 1983 suits, federal courts borrow the forum
state's general or residual personal injury limitations period.
Rodriguez v. Holmes,
963 F.2d 799, 803 (5th Cir. 1992). In
Texas, the applicable period is two years.
Id. Federal courts
also apply the state's tolling provisions to statutory
limitations periods.
Id.
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
No. 95-20254
-2-
Although state law controls the limitations period for
§ 1983 claims, federal law determines when a cause of action
accrues. Brummett v. Camble,
946 F.2d 1178, 1184 (5th Cir.
1991), cert. denied,
112 S. Ct. 2323 (1992). Under the federal
standard, the statute of limitations begins to run from the
moment the plaintiff knows or has reason to know that he has been
injured and who has inflicted the injury. Moore v. McDonald,
30
F.3d 616, 620-21 (5th Cir. 1994).
Under the federal accrual standard, Joe R. Walker knew or
should have known of his alleged constitutional injuries and the
person responsible for it by May 5, 1991, when Masters modified
Walker's medical records to reflect a new medical classification
that reflected an ability by Walker to do field duty. Walker's
attempts to change this modification or obtain an explanation
adequately demonstrates his awareness of his injury and the
person who was responsible for it. Walker's ignorance of a
possible legal remedy did not toll the running of the limitations
period. See Longoria v. Bay City,
779 F.2d 1136, 1139 (5th Cir.
1986).
AFFIRMED.