Robby Owens v. Officer Willie Brown et al.

Summary

The United States District Court for the Eastern District of Missouri dismisses Robby Owens’s amended complaint under 28 U.S.C. § 1915(e)(2)(B). The court holds that Owens’s 42 U.S.C. § 1983 claims are barred by Missouri’s five-year statute of limitations and that 18 U.S.C. § 242 provides no private right of action; the court also finds the claim under 18 U.S.C. § 248 untimely. The action is dismissed with prejudice, and the court certifies that an appeal would not be taken in good faith.

Holdings

1. Owens's section 1983 claims were barred by Missouri's five-year statute of limitations because he filed suit more than twelve years after the latest alleged event.
2. Owens's conclusory assertion that defendants' conduct was a continuing pattern did not avoid the statute of limitations because the alleged conduct consisted of discrete acts.
3. 18 U.S.C. § 242 does not provide a private right of action.
4. Owens's claim under 18 U.S.C. § 248 was barred by the four-year statute of limitations.

Questions Presented

1. Whether Owens's claims under 42 U.S.C. § 1983 were barred by the applicable statute of limitations.
2. Whether Owens's assertion that defendants' conduct constituted a continuing pattern avoided the statute of limitations for discrete alleged acts.
3. Whether 18 U.S.C. § 242 provides a private right of action.
4. Whether Owens's claim under 18 U.S.C. § 248 was barred by the applicable statute of limitations.

Disposition

dismissed