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Krosky v. Solden

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


December 29, 2000

SAMUEL L. KROSKY, PLAINTIFF,
v.
JAMES SOLDEN, FLORHAM PARK POLICE OFFICER, MICHAEL BERNAL, NEW JERSEY PAROLE OFFICER, ANDREW B. CONSOVOY, CHAIRMAN, NEW JERSEY STATE PAROLE BOARD, DEFENDANTS.

The opinion of the court was delivered by: Dickinson R. Debevoise, U.S.S.D.J.

NOT FOR PUBLICATION

OPINION

This matter comes before the Court on the unopposed motion of defendants James Solden, Michael Bernal and Andrew B. Consovoy to dismiss this case as barred by the applicable statute of limitations. On March 31, 2000, plaintiff filed a complaint alleging violations of 42 U.S.C. § 1983 that he asserted were committed on March 4, 1998, but perhaps as early as February 18, 1998. Although 42 U.S.C. § 1983 itself contains no statute of limitations, it is subject to the applicable state's statute of limitations on personal injury claims. In this case, the applicable statute of limitations is two years. N.J.S.A. 2A:14-2. Because plaintiff's complaint was filed more than two years after the alleged violations occurred, the above action is barred by the applicable statute of limitations.

CONCLUSION

For the reasons set forth above, defendants' motion to dismiss will be granted and the complaint will be dismissed. An appropriate order will follow.

20001229

© 2000 VersusLaw Inc.



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