Josephine Amatucci v. Town of Wolfeboro

Summary

The magistrate judge recommends dismissing Josephine Amatucci’s 42 U.S.C. § 1983 claims against the Town of Wolfeboro arising from an alleged traffic violation and attempt to have her driver’s license reevaluated. The recommendation concludes that the claims are barred by New Hampshire’s three-year statute of limitations and, alternatively, by res judicata. The document advises that objections must be filed within fourteen days.

Holdings

1. The claims were barred by the applicable statute of limitations because § 1983 claims arising from events in New Hampshire are subject to a three-year limitations period, and the period expired no later than August 2016 for claims arising from the August 2013 events.
2. In addition to being untimely, the claims were barred by res judicata because they arose from the same incident and common nucleus of operative facts involved in Amatucci's prior litigation.

Questions Presented

1. Whether the complaint's § 1983 claims were barred by the applicable statute of limitations.
2. Whether the claims were also barred by res judicata because they arose from the same incident involved in Amatucci's prior litigation.
3. Whether the complaint should be dismissed on preliminary review under 28 U.S.C. § 1915(e)(2) and Local Rule 4.3(d).

Disposition

other