Raymond A. Brison v. Marsolais

First Circuit Court of Appeals

July 7, 1993

This page is marked noindex.

First Circuit Court of Appeals · decided 1993-07-07

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Owens v. Okure · Calder v. Job · Street v. Vose

Decided 1993-07-07

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Raymond A. Brison on brief pro se.

D.Mass.

AFFIRMED.

Before Selya, Boudin and Stahl, Circuit Judges.

Per Curiam.

¶1

We have carefully reviewed the appellant's brief and the record on appeal. We agree with the district court's conclusion that appellant's complaint is barred by Massachusetts' three-year statute of limitations on personal injury actions, Mass. Gen. L. ch. 260, § 2A, which is applicable to civil rights complaints, filed pursuant to 42 U.S.C. § 1983. Owens v. Okure, 488 U.S. 235 (1989); see also Street v. Vose, 936 F.2d 38 (1st Cir. 1991), cert. denied, 112 S. Ct. 948 (1992). There is nothing in the record to suggest that that limitations period was, or ought to have been, tolled. The order of the district court dismissing the complaint is, therefore, affirmed.

¶2

Affirmed.